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HomeMy WebLinkAbout08/13/2019 (3)BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, AUGUST 13, 2019 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan,, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Rev. Timothy Womack, First Presbyterian Church of Vero Beach 3. PLEDGE OF ALLEGIANCE Jason E. Brown 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Indian River County Appropriations Mayfield And Representative Erin Grall 5.B. Presentation of Proclamation Honoring Doris Roy on River County Board of County Commissioners Office with Thirty- Five Years of Service Attachments: Proclamation Check by Senator Debbie Her Retirement From Indian of the County Administrator 5.C. Presentation of Proclamation • Honoring Smokey Bear in Indian River County, Florida Attachments: Proclamation August 13, 2019 Page 1 of 12 6. APPROVAL OF MINUTES 6.A. Regular Meeting of June 4, 2019 6.B. Regular Meeting of June 11, 2019 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. City of Fellsmere Ordinance 2019-03, Voluntary Annexation of +1- 12.655 Acres, is on file for review in the Office of the Clerk to the Board. 7.B. Florida Public Service Commission, Order NO. PSC -2019 -0288 -CO -EI, petition for approval of optional supplemental power services pilot program and rider by Florida Power and Light Company, is on file in the Office of Clerk to the Board. 7.C. Florida Public Service Commission Agenda for Tuesday, August 6, 2019, 9:30 a.m., a copy of the agenda is on file in the Office of the Clerk. 7.D. Florida Public Service Commission Consummating Order PSC -2019 -0298 -CO -EQ. Petition for approval of renewable energy tariff and standard offer contract, by Florida Power and Light Company, is on file in the Office of the Clerk. 7.E. Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk of the Circuit Court prior to January 1, 2018 is on file in the Office of the Clerk to the Board. 7.F. Letter of Support for Bethel Creek for Lagoon Research Project Attachments: Informational Memorandum Letter of Support Bethel Creek 7.G. Indian River County Venue Event Calendar Review Attachments: Staff Report 7.11. Letter regarding new Florida Department of Environmental Protection rules on biosolids Attachments: Commissioners Memorandum Solari letter FDEP 07262019 7.I. Update On All Aboard FL Expenses Attachments: Staff Report All Aboard FL Expenses August 13, 2019 Page 2 of 12 7.J. 3rd Quarter FY 2018/2019 Budget Report Attachments: Staff Report Reports at a glance 2018-2019 Q3 Qtrly Budget Report Q3 201819 revenue Qtrly Budget Report Q3 201819 expense 06-30-2019 Expense Analysis Budget Amendment History 1819 7.K. Government Finance Officers Association awarding Indian River County GFOA's Distinguished Budget Presentation Award for the 2018-19 Budget Attachments: Staff Report Letter from GFOA dated July 17, 2019 GFOA Certificate of Recognition for 2018 2019 GFOA Press Release 7.L. Department of Economic Opportunity (DEO) Florida Job Growth Public Infrastructure Grant 2019 Attachments: Staff Report Florida Job Growth Grant Application Budget Grant Form 7.M. Letter of Thanks from Laura (Riding) Jackson Foundation Board Attachments: Commissioner's Memorandum letter from Laura Riding Jackson Foundation 7.N. Landfill Closure and Collection Service Changes for the Labor Day Holiday Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments July 5, 2019 to July 11, 2019 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments July 12, 2019 to July 18, 2019 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments July 19, 2019 to July 25, 2019 Attachments: Finance Department Staff Report 8.D. Checks and Electronic Payments July 26, 2019 to August 1, 2019 Attachments: Finance Department Staff Report August 13, 2019 Page 3 of 12 8.E. Acceptance and Approval of Expenditures of Emergency Management Federally -Funded Subgrant Agreement (EMPG) Agreement Number: G0002 Attachments: Staff Report Indian River County Office of Budget & Management Grant Form 2019-2020 EMPG Agreement 8.F. Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity for Senior Resource Association to Provide Wheelchair Services Attachments: Staff Report Senior Resource Association COPCN Renewal Application 8.G. Invitation from John's Island Golf Club for Staff to Participate in a "Public Safety Day" Golf Outing Attachments: Staff Report 8.H. OL73RD LLC's Request for Final Plat Approval for a Subdivision to be known as Orchid Landing [SD -04-02-08 / 2003010063-83225] Attachments: Staff Report Location Map Final Plat Layout 8.I. MG Heine Vero, LLC's Request for Final Plat Approval for Bridgehampton Residential Subdivision [SD -16-05-01 / 2002100165-83140] Attachments: Staff Report Location Map Final Plat Layout 8.J. Consideration of the Indian River County SHIP Program 2019 Annual Report Attachments: Staff Report SHIP Program Information SHIP Annual Report SHIP Annual Report Certification Form 8.K. Vero 53 Landings, LLC's Request for Final Plat Approval to Replat Parcel Lot 3, and Tract 1 of The Landings Commercial Subdivision [SD -18-02-04 / 98060121-81957] Attachments: Staff Report Location Map Final Plat Layout August 13, 2019 Page 4 of 12 8.L. Applicant's Request for Final PD Plat Approval for the Replat of Lot 2, Lot 3, and Tract A of the Hampton Woods East PD Residential Subdivision [PD -19-07-04 / 95050141-84781] Attachments: Staff Report Location Map Final Plat Layout 8.M. Resolutions Cancelling Taxes on Properties Acquired by Indian River County for Public Purposes Attachments: Staff Report Resolution (Crouch) Resolution (Primax Properties) Resolution (Idlette) 8.N. Jones' Pier Conservation Area Public Use Improvements - Hazard Mitigation Assistance - Donadio & Associates, Architects, P.A. - Work Order No. 1 Attachments: Staff Report 2019_0813_WORK ORDER NO1_DONADIO Jones Pier Historic Residence Proposal 05222019_Exhibit A Pre -Award Request Form_4283_Amendment6-3-19 - SJ 8.0. Award of Bid No: 2019064 Interior Painting at the North County and Main Libraries Attachments: Staff Report Sample Agreement Painting Main and North Libaries 8.P. Approval of Work Order No. 1 - Edlund, Dritenbas, Binkley Architects & Associates, P.A. - Kroegel Homestead Conservation Area Restroom Design and Engineering Attachments: Staff Report 2019_0813_WORK ORDER NO1_EDB Proposal 8.Q. Approval of Vending Service Agreement Attachments: Staff Report Vending Machine Agreement Ver 5 8.R. Facility Lease Agreement with Vero Beach Foundation Gators Football & Cheer Corporation Attachments: Staff Report Foundation Gators Football Lease Agreement August 13, 2019 Page 5 of 12 8.S. 2020 Holiday Schedule Attachments: Staff Report 8.T. Health Insurance Additional Health Advocacy Benefit effective August 1, 2019 Attachments: Staff Report Health Advocacy Agreement Final 8.U. Miscellaneous Budget Amendment 013 Attachments: Staff Report 2018 2019 Resolution Exhibit "A" 8.V. Request to Transfer Florida Department of Health Assets to Indian River County Hospital District Attachments: Staff Report 8.W. Ranking of Firms for RFP 2019060 - FEMA Public Assistance Consulting Services Attachments: Staff Report 8.X. Approval of Annual Contracts for Motor and Pump Repair (RFP 2019056) Attachments: Staff Report Sample Agreement 8.Y. Authorization to Resolicit Concession Services at County Recreation Facilities Attachments: Staff Report 8.Z. Work Order No. 8, REI Engineers, Inc. - IRC Courthouse Parking Garage. and Seal Replacement (IRC -1801) Attachments: Staff Report REI Engineers, Inc. Work Order No. 8 8.AA. Work Order No. 4, Environmental Science Associates, Jungle Trail Shoreline Stabilization Project (IRC -1823) Attachments: Staff Report Environmental Science Associates Work Order No. 4 8.BB. US Highway 1 Landscaping - South County Line to Oslo Road (IRC -1631) Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 CO No. 1 Description of Itemized Changes August 13, 2019 Page 6 of 12 8.CC. Amendment No. 1 to Work Order No. 7, MBV Engineering, Inc., North County Offices at Sebastian Corners Attachments: Staff Report Amendment No. 1 to Work Order No. 7, MBV Engineering, Inc. Exhibit A 8.DD. Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Eugene M. Eichelberger 6700 65th Street, Vero Beach, FL 32967 Attachments: Staff Report Temporary Construction Easement Purchase Agreement 8.EE. Facilities Use Agreement - St. Lucie County's Harbour Pointe Artificial Reef Deployments 2019 Attachments: Staff Report 8.FF. Notice of Grant Application for Funding Assistance from State of Florida Beach Erosion Control Program - FY 2020/21 Attachments: Staff Report Resolution 8.GG. Agreement for Access and Sand Renourishment to Sexton, Inc. Beach Area Attachments: Staff Report 8.HH. Work Order No. 2018007-3, Coastal Technology Corporation, Sector 7 Beach and Dune Re -nourishment - Reconnaissance Survey Attachments: Staff Report Coastal Technology Corp. WO No. 2018007-3 8.II. Work Order No. 2018006-6, APTIM, Sector 3 Beach and Dune Re -nourishment Reconnaissance Survey Attachments: Staff Report APTIM Work Order No. 2018006-6 8.JJ. Work Order No. 19 with Kimley-Horn and Associates - Roseland Elevated Tank Conversion Attachments: Staff Report Work Order No 19 8.KK. Request to Waive the Bid Process for the Replacement of Blowers for the Sludge Holding Tank at West Regional Wastewater Treatment Facility Attachments: Staff Report Quote from Excelsior Blower Systems Inc August 13, 2019 Page 7 of 12 8.LL. Fourth Amendment to Collateral Development Agreement Related to Jackie Robinson Training Complex Attachments: Staff Report DT Commons Fourth Amendment 8.MM. Out of County Travel to attend the Florida Shore & Beach Preservation Association 62nd Annual Conference Attachments: Staff Memorandum FSBPA Conference Brochure 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Sheriff Deryl Loar: Requesting to use proceeds resulting from sale of surplus property and vehicles to acquire new like -kind property within the current fiscal year pursuant to Chapter 274, Florida Statutes. Attachments: Memorandum from Sheriff Loar 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Stoneridge, LLC Request to Rezone ± 19.24 Acres from RS -3 to RS -6. Located south of 65th Street, west of Lateral "G" Canal, and east of 48th Avenue. (RZON 2004110052-83770) [Quasi -Judicial] Attachments: Staff Report Summary Page Rezoning Application Section 911.07 Residential Districts Section 902.12(3) Standards of Review DRAFT PZC Meeting Minutes 06-27-19 Rezoning Ordinance Rezoning Ordinance 10.A.2. Florida Power & Light Company's Request for Major Site Plan and Special Exception Use Approval for a Private Heavy Utility (Orange Blossom Solar Energy Center) [SP -SE -19-06-17 / 2019020003-84142] (Quasi -Judicial) Attachments: Staff Report Excerpt from Draft July 11, 2019 PZC Minutes Location Map Extended Roadway Grid Network Exhibit Aerial Site Plan B. PUBLIC DISCUSSION ITEMS August 13, 2019 Page 8 of 12 10.B.1. Request to Speak from Nicole Knowles Regarding Reduction or Removal of Demolition Lien on Property Located at 4855 34th Avenue Attachments: Request to Speak Form 10.B.2. Public Discussion Request from Gina Kempf re: Tunnel to Towers 5K Invitation to the Community and Board Members Attachments: Public Discussion Request 10.B.3. Public Discussion Request from Nancy Kelly re: Rename the Main Library "The Mary Denham Snyder Library" Attachments: Request to Speak C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. 2020 Preliminary State Legislative List of Concerns Attachments: Memorandum Preliminary State Legislative Issues 2020 11.B. City of Sebastian Annexation Attachments: Staff Report 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. Award of Bid No. 2019012, Vero Lake Estates 85th Street Petition Paving from 101st Avenue to 96th Avenue Project, IRC -1628 Attachments: Staff Report Sample Agreement G. Utilities Services August 13, 2019 Page 9 of 12 12.G.1. North Sebastian Septic to Sewer Phase 2 Status and Direction Attachments: Staff Report 13. COUNTY ATTORNEY MATTERS 13.A. Indian River County, St. Lucie County and Martin County Joint Board Meeting Attachments: Staff Report Resolution for Joint Meeting 2019 13.B. Interlocal Agreement with the City of Sebastian Regarding Fire Marshal Services Attachments: Staff Report Sebastian ILA on Fire Marshal (city proposal July 16) 13.C. Acquisition of Right -Of -Way Parcel 102 for Phase II of 66th Avenue Improvements from Harris Groves, 61st Street and 66th Avenue Attachments: Staff Report 13.D. Vaping Update Attachments: Staff Report 13.E. Opioid Litigation Update Attachments: Staff Report 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman 14.B.1. IRLNEP CCMP Resolution of Support Attachments: Commissioner's Memorandum IRLNEP CCMP Resolution of Support C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Minutes Meeting May 7, 2019 Attachments: 05072019ESDDraft 15.A.2. Approval of Minutes Meeting of May 21, 2019 August 13, 2019 Page 10 of 12 15.A.3. Approval of Minutes Meeting June 11, 2019 Attachments: 06112019ESDDraft 15.A.4. Approval of Affiliation Agreement Renewal between Health Career Institute, LLC and Indian River County Emergency Services District Attachments: Staff Report First Extension Affiliation Agreement with HCI B. Solid Waste Disposal District 15.B.1. Final Pay to Geosyntec for Work Authorization No CCNA-2018 WO No 4 - Evaluation of Landfill Liquids Management Options Attachments: Staff Report 15.B.2. Final Pay to CDM Smith for CCNA 2018 Work Order No. 2 - Contamination Evaluation Plan Implementation Attachments: Staff Report 15.B.3. Update on Potential Transition to Mandatory Garbage Collection Attachments: Staff Report Letter from Waste Management to Jason Brown dated July 29, 2019 E -Mail from Waste Management to Jason Brown dated August 1, 2019 15.B.4. Change Order No. 5 to Thalle (Bid #2018025) Attachments: Staff Report CDM Smith Letter of Recommendation Change in Contract Summary Log C. Environmental Control Board 16. ADJOURNMENT August 13, 2019 Page 11 of 12 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County 's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to S:OO p.m. August 13, 2019 Page 12 of 12 PROCLAMATION HONORING DORIS ROY ON HER RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF THE COUNTY ADMINISTRATOR WITH THIRTY-FIVE YEARS OF SERVICE WHEREAS, Dori Roy began her career with the County in 1984 as the .Assistant to the Assistant County Administrator and provided support for Human Resources, General Services, and Buildings and Grounds (now Facilities Management). Early in 1986, when they received their first computer, she converted the Welfare and Human Services Files to a Computerized Data Base; and WHEREAS, in 1986, Dori was transferred to the Building Department and became the Assistant to the Building Official. She was responsible for contractor licensing, public records, and certificates of occupancy. During this time, she coordinated the creation and implementation of Permitting, Inspection, Contractor Licensing, and Financial Management software for the Building Department; and WHEREAS, she received a promotion in 1998 to Assistant to the Community Development Director. In this position, she served as the countywide System Administrator for the development software system, CD Plus. In 1999, she was project manager for the CD Plus Y2K conversion and of the addition and implementation of Code Enforcement into the system; and WHEREAS, in 2004, Dori was promoted to the position she held until her retirement, Executive Assistant to the County Administrator. Beginning with the hurricanes of 2004, Dori has established herself as an integral member of the County's Emergency Operation Center team. She was project manager for establishment of the Enterprise GIS System in 2005, then in 2016 worked with the Clerk to the Board to convert the Board agendas to an Electronic Agenda Management System. Additionally, she supervised the GIS department. In 2012, when an office manager was needed to reorganize the Board of County Commission office, Dori was hand -selected by the Commissioners for the job. Her efforts have resulted in a cohesive team providing support to Commissioners, staff, and citizens of Indian River County; and WHEREAS, Dori's county experience and expertise is extensive and she has been essential to County Commissioners and Administrators alike, helping them solve problems and address constituent issues appropriately and properly to the benefit of the residents of Indian River County; and WHEREAS, throughout her entire career, Dori consistently received the highest accolades for her outstanding customer service and forward -thinking actions. She is highly respected by Commissioners, staff, Constitutional Officers, other organizations and businesses, and citizens in the community. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN. RIVER COUNTY, FLORIDA, that the Board applauds Doris Roy for her 35 years of service to Indian River County and expresses its appreciation for her dedication; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff wish her the best in her retirement! Adopted this 13th day of August, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman 1 5C PROCLAMATION CONGRATULATING SMOKEY BEAR IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on August 9th, 2019, Smokey Bear celebrated his 75th birthday, which also marked his wildfire prevention campaign as the longest -running public service campaign in U.S. history, voicing a message even more relevant today than in 1944, as more people live closer to natural areas — so, no retirement for Smokey; and, WHEREAS, the mission of the Florida Forest Service is to protect Florida and its people from the dangers of wildland fire and manage our forest resources through its stewardship ethic to assure they are available for future generations; and, WHEREAS, in the last five years Florida Forest Service Wildland Firefighters have responded to over 107 wildfires in Indian River County that burned 3,120 acres, in many instances threatening communities and adjoining infrastructure; and, WHEREAS, the Florida Forest Service is actively engaged in promoting and conducting prescribed burns and other wildfire mitigation practices to reduce the size and intensity of wildfires that may threaten communities and other infrastructure, providing 3,659 burn authorizations to local ranchers, farmers and land managers in Indian River County in the last five years alone to maintain and restore natural ecosystems and reduce the wildfire hazard. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Smokey Bear is congratulated on his 75th birthday and his continued efforts to remind citizens to be careful when using fire in natural areas. Further, the Board commends the men and women of the Florida Forest Service for their partnership with Indian River County and Smokey Bear in wildfire prevention and mitigation. Adopted this 13th day of August, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc 2 ORDINANCE No. 2019-03 3120190036724 RECORDED IN THE PUBLIC REQQ p§,OF 1 . JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK 3216 PG: 1640 Page 1 of 12 6/20/2019 2:02 PM AN ORDINANCE OF THE CITY OF. FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR VOLUNTARY ANNEXATION OF 12.655 ACRES MORE OR LESS, LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 512 EAST OF INTERSTATE HIGHWAY NO. 95, EAST OF THE RACETRAC SERVICE STATION AND WEST OF 106TH AVENUE INTO THE CITY OF FELLSMERE; PROVIDING FOR RATIFICATION; PROVIDING FOR LEGAL DESCRIPTION OF THE PROPERTY ANNEXED; PROVIDING FOR REDEFINING THE BOUNDARY OF THE CITY LIMITS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, DEPARTMENT OF STATE AND THE CHIEF ADMINISTRATIVE OFFICER OF INDIAN RIVER COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ro-Ed Corp., a Florida corporation as Successor by merger with American Mutual Corp., a Florida corporation recorded in Official Records Book 467, Page 462 of the Public Records of Indian River County, Florida (the "Owner"), the Owner of the land described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council has determined that the land described herein is substantially contiguous to the present boundary of the City, will not result in the creation of any enclaves and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Fellsmere, Florida, finds and determines that the annexation of said land is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. RATIFICATION. The above recitals are hereby ratified, confirmed, adopted and incorporated herein as legislative findings of the City Council. SECTION 2. PROPERTY ANNEXED. The following described land being situated in the unincorporated area of Indian River County, State of Florida, is hereby annexed into the City of Fellsmere, Florida: See Exhibit A" attached hereto and by this reference made a part hereof. The annexed land is also shown on the map attached hereto, as Exhibit "B", and by this reference made a part hereof. SECTION 3. BOUNDARY OF CITY LIMITS REDEFINED. On the effective date of this Ordinance, the corporate limits and boundary lines ofthe City of Fellsmere, Indian River County, Florida, shall be redefined to include therein the above described land. SECTION 4. INTERIM LAND USE AND ZONING CLASSIFICATION. To the extent necessary, the interim land use and zoning classification for this property shall be consistent with the provisions of State law. SECTION 5. FILING. Following adoption of this Ordinance, the City Clerk is hereby directed to (00097994. DO0.1) — Page 1 of 2 * WWD 3-7-I9 file a copy with the Clerk of Circuit Court, Indian River County, Florida, the Chief Administrative Officer of Indian River County, Florida and with the Department of State within seven (7) days after adoption. Following adoption of this Ordinance, the City Clerk is hereby directed to file a revision of Article I Boundaries of the City Charter with the Department of State within thirty (30) days after adoption. The City Clerk is also hereby directed to submit within said thirty (30) days a copy of such revision to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. SECTION 6. SEVERABILITY. If any section, part of a sentence, phrase or word of this Ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional, invalid or inoperative part. SECTION 7. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of conflict. SECTION 8. EFFECTIVE DATE. Following its adoption and recordation, including the Annexation Agreement attached hereto as Exhibit "C", signed by the Owner/Developer and any Mortgagee(s), this Ordinance shall become effective. The foregoing Ordinance was moved for adoption by Council Member \: The motion was seconded by Council Member and, upon being put t vote, the vote was as follows: Mayor, Joel Tyson Council Member Fernando Herrera Council Member Inocensia Hernandez Council Member Sara J. Savage Council Member Jessica Salgado The M/�ayor thereupon declared this Ordinance fully passed and adopted this /2 ` day of h,t ,2019. ATTEST: Deborah C. Krages, CMC, City Clerk CITY OF FELLSMERE, FLORIDA oe son, or v Cal fig :r1 SF Yr ( I HEREBY CERTIFY that Notice of the public hearings on this Ordinance was published in the Press JouLial, as required by State Statute, that the foregoing Ordinance was duly passed and adopted on the IP day of tuQ, , 2019, and the first reading was held on thea)' day of , 2019, and that the first public hearing was held on the **Y. day of , 2019, and that the second public hearing and final reading was held on the g4-1 day of Ut,Q kL , 2019. Deborah C. Krages, City rk 0-2039-03 Anne Tractor Service.DOC (00097994. DOC.1) Page 2 of 2 2z EXHIBIT "A" LEGAL DESCRIPTION METES AND BOUNDS PER SURVEYOR COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°15'40" WEST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 108.65 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD #512 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 88081-2403; THENCE NORTH 88°16'13" EAST ALONG THE SAID SOUTH RIGHT OF WAY LINE OF STATE ROAD #512, A DISTANCE OF 390.23 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; FROM SAID POINT OF BEGINNING, CONTINUE NORTH 88°16'13" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 300.20 FEET TO AN INTERSECTION WITH THE WEST LINE OF BLOCK B, VERO LAKE ESTATES UNIT H-4, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 31, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THENCE NORTH 00°21'47" EAST ALONG THE SAID WEST LINE OF BLOCK B A DISTANCE OF 3.94 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHEASTERLY ALONG SAID - CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°15'55", FOR AN ARC LENGTH OF 39.39 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK B AND A POINT OF TANGENCY; THENCE SOUTH 89°22'18" EAST ALONG THE SAID NORTH LINE OF BLOCK B AND BLOCK A OF SAID VERO LAKE ESTATES UNIT H-4 A DISTANCE OF 548.80 FEET TO AN INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF 106TH AVENUE AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE ALONG SAID WEST RIGHT OF WAY LINE SOUTHEASTERLY AND ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89°45'07", FOR AN ARC LENGTH OF 39.16 FEET TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY SOUTH 00°22'49" WEST A DISTANCE OF 501.90 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY AND SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89°50'14", FOR AN ARC LENGTH OF 39.20 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 94TH STREET AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF TANGENCY; THENCE NORTH 89°46'57" WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 1187.76 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°02'3T', FOR AN ARC LENGTH OF 39.29 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 108TH AVENUE AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF TANGENCY; THENCE NORTH 00°15'40" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 162.63 FEET; THENCE SOUTH 89°51'26" EAST A DISTANCE OF 339.99 FEET; THENCE NORTH 00°15'40" EAST A DISTANCE OF 328.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 551,268.1 SQUARE FEET OR 12.655 ACRES MORE OR LESS. 23 r\ee\Projerts\2016\1824 — Tractor Supply FeBaeere\ENG\CMO\EvMes\TSC Survey EA:acer4 4,11 • t o gi 7.1 2 or .wo 0 0 c0 - C P'F ti 0 °3 Co ®eo 'C m IOBth Ave 106th Ave „T-8„ ilgIHX3 z-4 Y:\,\ProXcts\7018\1879 — Tractor Supply Fenyeers\Eric\CAW \Erbay\TSC Survey E.Nmdaa =3E 1:11! iNg 1 311 11 I �r w3, °o 0 c y„ m mO 3 m; '< O 5 108th Avenue j40' R/W) 107th Court (60' R/W) 107th Avenue (60' RNV) 106th Court (60' R/W) 106th Avenue (80' R/WL 108th Avenue (01 -RNV) 4 rnt z-8„ 1181HX3 WWD 6-6-f9 EXHIBIT "C" ANNEXATION AGREEMENT }/ THIS ANNEXATION AGREEMENT (this "Agreement"), entered into this ' day of TO -- , 2019, between the City of Fellsmere, Florida, a political subdivision of the State of Florida (hereinafter referred to as "City") and Ro-Ed Corp. as successor by merger with American Mutual Corp., a Florida Corporation, recorded in Official Records Book 467, Page 462 of the Public Records of Indian River County, Florida (hereinafter referred to as "Owner", which includes it's grantees, successors or assigns in interest). RECITALS WHEREAS, Owner owns property (hereinafter referred to as the "Property") in Indian River County, Florida, as more particularly described in Exhibit "1" attached hereto and incorporated herein by this reference; and WHEREAS, Owner is not a developer or dealer in real property, and as such does not intend to actively participate in the development or subdivision of the Property, but rather, from time to time, will sell portions of the Property to third parties for development; and WHEREAS, Owner desires to sell a portion of the Property to a third party Buyer who intends to develop a portion of the Property under the City's PDD Planned Development District regulations as described in Exhibit "2", attached hereto and incorporated herein by this reference, consisting of 4.876 acres, more or less, for a tractor sales and supply facility (hereinafter referred to as the "Development or Project"); and WHEREAS, as a part of its plan for annexation, comprehensive plan amendment, rezoning, and preliminary and final development plan of the Property, the Owner and City wish to plan for compatibility with the surrounding area and assure the installation of proper public and private facilities and services; and WHEREAS, the City is authorized to regulate development of the Property. NOW, THEREFORE, the parties agree as follows: (00104802.DOC.1 Exxmrr "C" To ORDINANCE No. 2019-03 - Page 1 of 5 - WWD 6-6-19 1. The City shall not be required or obligated in any way to pay for, construct or maintain or participate in the construction or maintenance of the improvements required by this Agreement, except for maintenance of improvements dedicated to and accepted by the City. The Owner, its grantees, successors or assigns in interest or an association and/or assigns satisfactory to the City shall be responsible for the perpetual maintenance of all improvements not dedicated to and accepted by the City. 2. In connection with the development of the Property, Owner and through its successors in interest in any portion of the Property under development following purchase from the Owner (hereinafter referred to as the "Developer") shall be required to install or have installed by private providers, where applicable, all private utilities (electric, cable, gas), surface water or storm water management systems, water and wastewater facilities, roadways or other transportation related improvements that relate to the overall Development to meet City specifications, concurrency management requirements of the City, County or other regulatory agencies, and the City's Land Development Codes. All utilities shall be underground. _ 3. The Developer shall connect to either the City utility system or the Indian River County utility system. Should the Developer connect to the City utility system, the Developer agrees to provide permanent standby emergency generators and radio telemetry units with each sewer pump station constructed by the Developer to serve the Project. If the Developer connects to the Indian River County utility system, the Developer shall comply with all Indian River County requirements. 4. The Developer acknowledges responsibility to obtain all required Federal, State, County and Local permits as may be applicable to the Project. The Developer shall comply with all regulations and ordinances of the City for the Development of the Property. The Developer shall dedicate to the- City, Indian River County, or the State of Florida, any land as reasonably deemed necessary by the respective governmental entity for right of way and/or utility facilities. 5. All public or private improvements required under the terms of this Agreement or by the t00104802.DOC.1 Exxmrr "C" To ORDINANCE No. 2019 -03 - Page 2of5- W WD 6.6-19 City's regulations/codes, shall be constructed at the expense of and by the Developer as approved by the City. 6. Developer shall contract for solid waste pick up services to serve the Development. 7. The Owner has represented to the City that the Property consists of various platted lots and abandoned road right-of-way. Prior to Final Development Plan approved for the Project and future development activity on the Property, the Owner shall enter into a Unity of Title combining all of the lots, including abandoned road right-of-way and if directed by the City, a cross access agreement with the adjacent property owner(s), all subject to approval by the City. 8. In the event of a violation of any of the provisions contained in this Agreement, the City shall have the right to refuse to issue any further Building Permits or Certificates of Occupancy as the case may be for the entire Property until such violation(s) is/are corrected and this Agreement may also be enforced by all appropriate Sections of the Code of Ordinances and the Land Development Code of the City, as they may be amended, as well as through Code Enforcement action and/or other appropriate legal action. 9. Owner, upon execution of this Agreement, shall pay to the City the cost of recording Ordinance No. 2019-03 in the Indian River County Clerk's Office. 10. This Annexation is subject to various provisions contained in Chapter 171 Florida Statutes, Municipal Annexation or Contraction. A substantial portion of the boundary of the Property is contiguous to the City. "Contiguous" is defined in Section 171.031(11) F.S. 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 based on contiguity, enclaves, Comprehensive Plan inconsistencies or otherwise, the Owner/ agrees to assume all risk to Owner associated with the challenge. The Owner further agrees to indemnify and hold harmless the City from all claims, suits, judgments, attorneys' fees and costs in any way arising out of or relating to the annexation of the Property, including the defense of any challenge to the Annexation. (00104802.DOC.1) EXHIBIT "C" To ORDINANCE No.-2019-03 -Page3of5-- • WWD 6-6-t9 11 This Agreement shall be binding on and inure to the benefit of the parties hereto and their grantees, successors or assigns. This Agreement shall run with the Property and be binding upon any person, firm or other entity who may become the successor in interest directly or indirectly to the Property, and such successor shall be subject to the conditions set forth in this Agreement, as approved by the City Council on April 18, 2019. In addition to the - Owner, this Agreement shall also apply to any third -party Developer the Owner. may contract with or convey an interest in any portion of the Property to for the purpose of developing the Property. In the event a court of competent jurisdiction issues a final order declaring the annexation to be in violation of the law, the Owner and/or Developer agrees that the City will adopt an ordinance in accordance with Section 171.051 (1) for the sole purpose of contraction of the municipal boundaries to remove the Property from the City limits, without any liability whatsoever to the City. 12. The terms "dedicate", "dedication" or "convey" as used in this Agreement mean to transfer ownership to the City or other governmental body without any cost to or payment by the City or other governmental body. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed all as of the date and year first written above. ATTEST: EBORAH C. KRAGES, CITY CLE .`•��® oce cl a a (00104802.DOC.1 } CITY OF FELLSMERE, FLORIDA 22 South Orange Street Fellsmere, Florida 32948 "11111G* YSO1:(MAYOR �� [9 As Approved by the Council on EXHIBIT "C" To ORDINANCE No. 2019-03 -- Page 4of5— WWD 6-6-19 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 1944-' day of 1�ne 2019, by JOEL TYSON, Mayor of the CITY OF FELLSMERE, FLORIDA, who is personally known to me or who produced as identification. (SEAL) USA CORTE ,A. MY COMMISSION al GG 079703 EXPIRES: July 5.2021 q;pj,r1 Bonded Data Notary Pubric Underwriters 11974 NOTARY PUBLIC My Commission Expires: luiv. .5, aoa.l Owner Ro-Ed Corp. a Florida Corporation 1401 79`h Street Causeway Miami, Flora 33141 BY: Print Name: EDMUND N. ANSIN Its: President STATE OF FLORIDA COUNTY OFtvitd14! - Th bE The e foregoing instrument was acknowledged before me this / day of I , 2019, by EDMUND N. ANSIN, President /of RO-ED CORP., who is personally known to me or who produced ? r13So%/Dt-Ly k&lotkfii as identification. (SEAL) 0Pu••••., VIVIAN M CREWS 4 'FA Notary Public - State of Florida ' Commission >1 GG 255914 ov ''''• My Comm. Expires Sep 25, 2022 P ( .. "Bonded through National Notary Assn. p (00104802.DOC.1 NOTARY PU LIC My Commission Expires: �7k) Ex imrr "C" To ORDINANCE No. 2019-03 - Page 5 of 5 - LEGAL DESCRIPTION METES AND BOUNDS PER SURVEYOR COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°35'40`° WEST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 108.65 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 11512 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 88081-2403; THENCE NORTH88°16'13" EASTALONG THE SAID SOUTH RIGHT OF WAY LINE OF STATE ROAD 11512, A DISTANCE OF 390.23 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; FROM SAID POINT OF BEGINNING, CONTINUE NORTH 88°16'13" EAST ALONG SAID SOUTHERLY RIGHT OF WAY UNE A DISTANCE OF 300.20 FEET TO AN INTERSECTION WITH THE WEST LINE OF 8LOC1( B, VERO LAKE ESTATES UNIT H-4, ACCORDING TO PIAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 31, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THENCE NORTH 00°21'47" EAST ALONG THE SAID WEST UNE OF BLOCK B A DISTANCE OF 3.94 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°15'55", FOR AN ARC LENGTH OF 39.39 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK 13 AND A POINT OF TANGENCY; THENCE SOUTH 89°22'18" EAST ALONG THE SAID NORTH LINE OF BLOCK B AND BLOCK A OF SAID VERO LAKE ESTATES UNIT H-4 A DISTANCE OF 548.80 FEET TO AN INTERSECTION WITH THE WEST RIGHTOF WAY LINE OF 106TH AVENUE AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 ANDA POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE ALONG SAID WEST RIGHT OF WAY UNE SOUTHEASTERLY AND ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89°45'07", FOR AN ARC LENGTH OF 39.16 FEET TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY SOUTH 00°22'49" WESTA DISTANCE OF 501.90 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY AND SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89°50'14", FOR AN ARC LENGTH OF 39.20 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 94TH STREET AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF TANGENCY; THENCE NORTH 89'46'57" WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 1187.76 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°02'37", FOR AN ARC LENGTH OF 39.29 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 108TH AVENUE AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF TANGENCY; THENCE NORTH 001S'40" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 162.63 FEET; THENCE SOUTH 89°51'26° EASTA DISTANCE OF 339.99 FEET; THENCE NORTH 00°15'40" EAST A DISTANCE OF 328.66 FEET TOTHE POINT OF BEGINNING. SAID PARCEL CONTAINS 551,268.1 SQUARE FEET OR 12.655 ACRES MORE OR LESS. EXHIBIT "1" TO ANNEXATION AGREEMENT LEGAL DESCRIPTION FELLSM,EFIE TRACTOR SUPPLY COMMENCE ATTI E NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00'15'40" WEST ALONG THE WEST UNE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 108.65 FEET TO A POINTONTHE SOUTH RIGHT OF WAY UNE OF STATE ROAD #512 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 88081-2403; THENCE NORTH 8816'13" EAST ALONG THE SAID SOUTH RIGHT OF WAY UNE OF STATE ROAD #512, A DISTANCE OF 390.23 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; FROM SAID POINT OF BEGINNING, CONTINUE NORTH 88'16'13" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 285.18 FEET TO A POINT, SAID POINT BEING 15 FEET EAST OF, AS MEASURED PERPENDICULAR T0, THE PLATTED CENTER LINE OF 107TH AVENUE (NOW ABANDONED) AS SHOWN ON THE PLAT OF VERO LAKE ESTATES UNIT H-4, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 31, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THENCE SOUTH 00'15'40" WEST AND PARALLEL WITH THE SAID CENTER UNE OF 107TH AVENUE A DISTANCE OF 526.46 FEET TO A POINT ON THE NORTH RIGHT OF WAY UNE OF 94TH STREET AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4; THENCE NORTH 89'46'57" WEST ALONG SAID NORTH RIGHT OF WAY UNE A DISTANCE OF 599.98 FEET TO A POINTOF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90'02'37", FOR AN ARC LENGTH OF 39.29 FEET TO A POINT ON THE EAST RIGHT OF WAY OF 108TH AVENUE AS SHOWN ON THE SAID PLAT OF VERO LAKE ESTATES UNIT H-4 AND A POINT OF TANGENCY; THENCE NORTH 00'15'40" EAST ALONG SAID EAST RIGHT OF WAY UNE A DISTANCE OF 162.63 FEET; THENCE SOUTH 89'51'26" EAST A DISTANCE OF 339.99 FEET; THENCE NORTH 00'15'40" EASTA DISTANCE OF 328.66 FEET TO THE POINT OF BEGINNING. _ SAID PARCEL CONTAINS 212,399.4 SQUARE FEET OR 4.876 ACRES MORE OR LESS. TOGETHER WITH NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF THE PARCEL ABOVE, AS CREATED IN THAT CERTAIN SHARED ACCESS EASEMENT AGREEMENT BY AND BETWEEN RO-ED CORP., A FLORIDA CORPORATION AND RACETRAC PETROLEUM, INC. A GEORGIA CORPORATION, RECORDED IN O.R. BOOK 2313, PAGE 1827, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. EXHIBIT "2" TO ANNEXATION AGREEMENT Joel Tyson, Mayor Mark D. Mathes, Interim City Manager Is/ Arc & CERTIFIED MAIL 7017 1450 0000 5674 3101 June 27, 2019 Mr. Jason Brown, County Administrator Indian River County 1801 — 27th Street Vero Beach, FL 32960 - 3365 RE: Voluntary Annexation Indian River County JUL 1 0 2019 Office of the County Administrator Dear Mr. Brown: Pursuant to F.S. 171.044 we are notifying you of our recent annexation of 12.655 acres, more or less, of vacant land into the City of Fellsmere, during their meeting of April 18, 2019. Enclosed please find a copy of the recorded Ordinance 2019-03 along with the Annexation Agreement. Should you have any questions or require any additional information please feel free to contact me. Sincerely, Mark D. Mathes Interim City Manager dck CC: file 22 South Orange Street Fellsmere, Florida 32948-6700 Phone: 772-571-1616 Fax: 772-571-8615 2-t3 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of optional supplemental power services pilot program and rider, by Florida Power & Light Company. BY THE COMMISSION: DOCKET NO. 20190034 -EI ORDER NO. PSC -2019 -0288 -CO -EI ISSUED: July 19, 2019 CONSUMMATING ORDER By Order No. PSC -2019 -0220 -TRF -EI, issued June 3, 2019, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -2019 -0220 - TRF -EI has become effective and final. It is further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 19th day of July, 2019. /s/ Adam J. Teitzman ADAM J. TEITZMAN Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. WLT 2 ORDER NO. PSC -2019 -0288 -CO -EI DOCKET NO. 20190034 -EI PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. 2-i5 1 FLORIDA PUBLIC SERVICE COMMISSION COMMISSION CONFERENCE AGENDA CONFERENCE DATE AND TIME: Tuesday, August 6, 2019, 9:30 a.m. LOCATION: Betty Easley Conference Center, Joseph P. Cresse Hearing Room 148 DATE ISSUED: July 25, 2019 ,C NOTICE Persons affected by Commission action on certain items on this agenda may be allowed to address the Commission, either informally or by oral argument, when those items are taken up for discussion at this conference. These items are designated by double asterisks (**) next to the item number. To participate informally, affected persons need only appear at the conference and request the opportunity to address the Commission on an item listed on the agenda. Informal participation is not permitted: (1) on dispositive motions and motions for reconsideration; (2) when a recommended order is taken up by the Commission; (3) in a rulemaking proceeding after the record has been closed; or (4) when the Commission considers a post -hearing recommendation on the merits of a case after the close of the record. The Commission allows informal participation at its discretion in certain types of cases (such as declaratory statements and interim rate orders) in which an order is issued based on a given set of facts without hearing. See Florida Administrative Code Rules 25-22.0021 (agenda conference participation) and 25-22.0022 (oral argument). Conference agendas, staff recommendations, vote sheets, and transcripts are available online at http://www.floridapsc.com, by selecting Conferences & Meeting Agendas and Commission Conferences of the FPSC. An official vote of "move staff' denotes that the Item's recommendations were approved. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate at this proceeding should contact the Office of Commission Clerk no later than five days prior to the conference at 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 or 850-413-6770 (Florida Relay Service, 1-800-955-8770 Voice or 1-800-955-8771 TDD). Assistive Listening Devices are available upon request from the Office of Commission Clerk, Gerald L. Gunter Building, Room 152. The Commission Conference has a live video broadcast the day of the conference, which is available from the FPSC website. Upon completion of the conference, the archived video will be available from the website by selecting Conferences & Meeting Agendas, then Audio and Video Event Coverage. EMERGENCY CANCELLATION OF CONFERENCE: If a named storm or other disaster requires cancellation of the Conference, Commission staff will attempt to give timely notice. Notice of cancellation will be provided on the Commission's website (http://www.floridapsc.com) under the Hot Topics link on the home page. Cancellation can also be confirmed by calling the Office of Commission Clerk at 850-413-6770. If you have any questions, contact the Office of Commission Clerk at 850-413-6770 or Clerk(a,psc. state.fl.us. 2-(4 Table of Contents Commission Conference Agenda August 6, 2019 1 **PAA Docket No. 20190094 -EU — Petition for variance from or waiver of Rule 25- 6.049(5) and (6), FAC, by Calypso Tower III, LLC 1 2**PAA Docket No. 20190130 -EI — Petition for waiver of depreciation study filing requirement in Rule 25-6.0436(4)(a), F.A.C., by Florida Public Utilities Company. 2 3**PAA Docket No. 20160101 -WS — Application for increase in water and wastewater rates in Charlotte, Highlands, Lake, Lee, Marion, Orange, Pasco, Pinellas, Polk, and Seminole Counties by Utilities, Inc. of Florida 3 4**PAA Docket No. 20180186 -GU — Petition for approval of demand side management goals and residential customer assisted and commercial walk-through energy audit programs, by Peoples Gas System. 6 5**PAA Docket No. 20180218 -SU — Application for staff -assisted rate case in Brevard County by TKCB, Inc. 8 6** Docket No. 20190081 -EI — Petition for approval of 2019 revisions to underground residential and commercial differential tariffs, by Florida Power & Light Company. 12 7**PAA Docket No. 20190107 -EI — Petition for approval of commencement date for depreciation of AMI program assets, by Tampa Electric Company 13 8** Docket No. 20190138 -EC — Petition by Peace River Electric Cooperative, Inc. to establish temporary tariffs for customers previously served by Duke Energy Florida, LLC. 14 9**PAA Docket No. 20190127 -GU — Petition for approval of transportation service agreement with Florida Public Utilities Company by Peninsula Pipeline Company, Inc. 15 10**PAA Docket No. 20190128 -GU — Petition for approval of transportation service agreement with Florida Division of Chesapeake Utilities Corporation by Peninsula Pipeline Company, Inc. 16 11 **PAA Docket No. 20170147 -WS — Application for staff -assisted rate case in Levy County by FIMC Hideaway, Inc 17 12** Docket No. 20190133 -WS — Application for approval of an 8" general service meter rate by Pluris Wedgefield, LLC. 18 13**PAA Docket No. 20180013-PU — Petition to establish a generic docket to investigate and adjust rates for 2018 tax savings, by Office of Public Counsel. 19 -i- Table of Contents Commission Conference Agenda August 6, 2019 14** Docket No. 20170086 -SU — Investigation into the billing practices of K W Resort Utilities Corp. in Monroe County. 20 2-is Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 1 **PAA Docket No. 20190094 -EU — Petition for variance from or and (6), FAC, by Calypso Tower III, LLC. Critical Date(s): October 8, 2019 - The Commission must this date. Commissioners Assigned: All Commissioners Prehearing Officer: Fay Staff: GCL: King, Cowdery ECO: Guffey, Redda waiver of Rule 25-6.049(5) grant or deny the petition by Issue 1: Should the Commission grant the developer's, petition for a waiver of subsections (5) and (6) of Rule 25-6.049, F.A.C.? Recommendation: Yes. The petition should be granted because the developer has demonstrated that the purpose of the underlying statutes will be achieved by other means and that application of the rule would create a substantial hardship and violate principles of fairness. However, the waiver should be subject to the following four conditions: (1) within one year of the closing of sale of its first residential unit, Calypso must be a licensed public lodging establishment under Sections 509.241 and 509.242, F.S.; (2) 92 percent of the residential units sold must be used solely for overnight occupancy; (3) Calypso must allocate the cost of electricity to the individual owners using a reasonable apportionment method; and (4) Calypso must file a report with the Commission 12 months after the date of closing of the sale of the first residential unit. The report must include the number of units sold and, of those, the number of units that are solely used for overnight occupancy as defined in Rule 25-6.049(8)(b), F.A.C. The report must also include a copy of Calypso's public lodging license. The Commission should also put Calypso on notice that should Calypso ever fail to comply with these conditions, the rule waiver will cease to be effective and Calypso will be responsible for all costs associated with the conversion to individual metering. Issue 2: Should this docket be closed? • Recommendation: Yes. If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, a consummating order should be issued and this docket should be closed. Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 2**PAA Docket No. 20190130 -EI — Petition for waiver of depreciation study filing requirement in Rule 25-6.0436(4)(a), F.A.C., by Florida Public Utilities Company. Critical Date(s): September 16, 2019 - The Commission must vote to grant or deny the petition by this date. Commissioners Assigned: All Commissioners Prehearing Officer: Brown Staff: GCL: Cowdery ECO: Higgins Issue 1: Should the Commission grant FPUC's request for a temporary waiver of Rule 25-6.0436(4)(a), F.A.C.? Recommendation: Yes. The Commission should grant FPUC's petition and require that it file a depreciation study no later than September 3, 2019. The Commission should also order that FPUC's next depreciation study will be due within four years from the date that it files its September 2019 depreciation study. Issue 2: Should this docket be closed? Recommendation: Yes. If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, a consummating order should be issued and this docket should be closed. -2 220 Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 3**PAA Docket No. 20160101 -WS — Application for increase in water and wastewater rates in Charlotte, Highlands, Lake, Lee, Marion, Orange, Pasco, Pinellas, Polk, and Seminole Counties by Utilities, Inc. of Florida. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Polmann Staff: AFD: Norris, Sewards ECO: Bruce, Hudson, Ramos ENG: Ellis GCL: Trierweiler, Cowdery (Parties May Participate on Issues 1, 2, 3, and 4 - Proposed Agency Action Issue 5) Issue 1: What adjustments should be made to comply with the First District Court of Appeal's mandate? Recommendation: Based on the record, the flows associated with prepaid customers do not meet the statutory criteria of Section 367.081(2)(a)2.b., F.S., and should be removed. Therefore, the revised used and useful (U&U) values for LUSI's wastewater treatment plant (WWTP) and Sandalhaven's Englewood Water District (EWD) capacity should be 53.54 percent and 42.24 percent, respectively. To reflect the revised U&U percentages, wastewater rate base should be decreased by $476,060, net depreciation expense should be decreased by $24,888, and Taxes Other Than Income (TOTI) should be decreased by $13,426. Additionally, Accumulated Deferred Income Taxes (ADITs) should be reduced by $6,853. Issue 2: What is the total revenue requirement after staffs recommended adjustments made in accordance with the First District Court of Appeal's mandate? Recommendation: Based on the adjustments discussed in the previous issue, staff recommends a total revenue requirement of $15,658,716 for water and $18,747,174 for wastewater. Issue 3: What are the appropriate rates after adjustments to comply with the First District Court of Appeal's mandate? Recommendation: Staff recommends no adjustments to UIF's existing water rates. The appropriate wastewater rates are reflected on Schedule No. 4 attached to staff's memorandum dated July 25, 2019, and should be effective for service rendered on or after the stamped approval date on the tariff sheets pursuant to Rule 25-30.475(1), Florida Administrative Code (F.A.C.). The Utility should file revised tariff sheets and a proposed customer notice to reflect the Commission -approved wastewater rates. In addition, the approved wastewater rates should not be implemented until staff has approved the proposed customer notice and the notice has been received by the customers. The Utility should provide proof of the date notice was given within 10 days of the date of the notice. -3 Z -ZI Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 3**PAA Docket No. 20160101 -WS — Application for increase in water and wastewater rates in Charlotte, Highlands, Lake, Lee, Marion, Orange, Pasco, Pinellas, Polk, and Seminole Counties by Utilities, Inc. of Florida. (Continued from previous page) Issue 4: Should Utilities, Inc. of Florida be required to make refunds to comply with the First District Court of Appeal's mandate? Recommendation: Yes. The calculated 0.02 percent refund for water, as well as the Lake Placid additional water interim refund of 0.01 percent, should be booked to CIRC in lieu of a refund to water customers. A 0.49 percent refund should be made to all wastewater customers. In addition, interim refunds are due as detailed in the table below, and because of the de minimis amount, these should be added to the consolidated wastewater refunds made to all customers. System Addition al Interim Refund Percentage Due Eagle Ridge — Wastewater 0.02% Labrador — Wastewater 0.02% Pennbrooke Wastewater 0.02% UIF Marion — Wastewater 0.01 % UIF Pasco — Wastewater 0.01% UIF Seminole — Wastewater 0.02% The refunds should be made with interest in accordance with Rule 25-30.360(4), F.A.C., The Utility should be required to submit proper refund reports pursuant to Rule 25-30.360(7), F.A.C. The Utility should treat any unclaimed refunds as CIAC pursuant to Rule 25-30.360(8), F.A.C. Issue 5: Should the Commission grant Utilities, Inc. of Florida's Motion for Recovery of Appellate Rate Case Expense? Recommendation: Yes. The appropriate amount of appellate rate case expense is $39,727. Further, rate case expense should be allocated between the consolidated water and wastewater systems based on equivalent residential connections (ERCs). Additionally, staff recommends the authorization of a regulatory asset to recover the expense in the Utility's next rate proceeding. 4 222. Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 3**PAA Docket No. 20160101 -WS — Application for increase in water and wastewater rates in Charlotte, Highlands, Lake, Lee, Marion, Orange, Pasco, Pinellas, Polk, and Seminole Counties by Utilities, Inc. of Florida. (Continued from previous page) Issue 6: Should this docket be closed? Recommendation: No. This docket should remain open for staff's verification that the Utility has completed the recommended refunds, filed revised tariff sheets, and filed customer notices. For Issue 5, related to the appellate rate case expense, if no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, a consummating order will be issued and the portion of the Order dealing with appellate rate case expense will become final. Once all actions are complete, the docket should be closed. -5 2'25 Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 4**PAA Docket No. 20180186 -GU — Petition for approval of demand side management goals and residential customer assisted and commercial walk-through energy audit programs, by Peoples Gas System. Critical Date(s): 08/26/19 (Petition Deemed Approved if Not Granted or Denied within 90 Days of Receipt Pursuant to Section 120.542(8), Florida Statutes) Commissioners Assigned: All Commissioners Prehearing Officer: Brown Staff: ENG: Wright, Doehling, Ellis, King, Knoblauch, Wooten ECO: Coston, Morgan, Wu GCL: DuVal, Dziechciarz Issue 1: Should the Commission grant Peoples Gas System's Petition for Waiver of Rule 25-17.003(3)(a) and (b), Florida Administrative Code? Recommendation: Yes. Staff recommends that the Commission grant Peoples Gas System a temporary waiver of the on-site residential energy audit requirements of Rule 25-17.003(3)(a) and (b), F.A.C., and allow PGS to offer an electronic, online -only version of the Computer -Assisted Audit to its eligible residential customers until the Commission's next review of the Company's goals, plans, and programs. Issue 2: Are the Company's proposed goals based on an adequate assessment of the full technical potential of all available demand-side and supply-side conservation and efficiency measures, including demand-side renewable energy systems? Recommendation: Yes. PGS has analyzed the maximum system -wide therm savings theoretically possible from implementation of DSM measures available in Florida. As such, staff recommends that the updated Technical Potential seen in Table 2-1 of staff's memorandum dated July 25, 2019, is an adequate assessment of the full technical potential, and serves as an acceptable basis for the Company's annual therm savings goals. Issue 3: What residential and commercial annual therm savings goals should be established for the period 2019-2028? Recommendation: Staff recommends that the Commission establish the annual therm savings seen in Table 3-1 of staffs memorandum dated July 25, 2019, as PGS' annual conservation goals for the period 2019-2028. The Company's proposed conservation goals adequately address the considerations enumerated in Section 366.82(3), F.S. 6 2 4 Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 4**PAA Docket No. 20180186 -GU — Petition for approval of demand side management goals and residential customer assisted and commercial walk-through energy audit programs, by Peoples Gas System. (Continued from previous page) Issue 4: Should the Commission approve the Company's new residential and commercial audit programs? Recommendation: If the Commission approves staff's recommendation in Issue 1, then the Company's new residential and commercial audit programs should be approved and PGS should be allowed recovery of reasonable and prudent expenditures associated with these audit programs through the ECCR clause. The scope of both the Residential Customer Assisted Energy Audit and the Commercial Walk -Through Energy Audit meet the requirements established by FEECA. If the Commission does not approve staff's recommendation in Issue 1, then PGS should file revised audit programs with its proposed DSM plan. Issue 5: Should this docket be closed? Recommendation: Yes. If no person whose substantial interests are affected by the proposed agency action (PAA) files a protest within 21 days of the issuance of the PAA Order, a Consummating Order should be issued and the docket should be closed. If the Commission approves the proposed RA and CA programs, those programs should become effective on the date of the Consummating Order. If a protest is filed within 21 days of the issuance of the PAA Order, the programs should not be implemented until after the resolution of the protest. Within 90 days of the issuance of the final order, PGS should file a demand-side management plan designed to meet the Utility's approved goals. 7 2 '25 Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 5**PAA Docket No. 20180218 -SU — Application for staff -assisted rate case in Brevard County by TKCB, Inc. Critical Date(s): 04/10/20 (15 -Month Effective Date (SARC)) Commissioners Assigned: All Commissioners Prehearing Officer: Polmann Staff: ENG: Knoblauch, Doehling, Salvador, Graves AFD: Bennett, Sewards, Norris ECO: Ramos, Hudson GCL: DuVal, Weisenfeld (Proposed Agency Action - Except for Issue Nos. 10, 11 and 12) Issue 1: Is the quality of service provided by TKCB, Inc. satisfactory? Recommendation: Yes. The Utility is in compliance with DEP's rules and regulations and there have been no customer comments or complaints against the Utility in the previous five-year period. Therefore, staff recommends that the overall quality of service provided by the Utility be considered satisfactory. Issue 2: What are the used and useful (U&U) percentages for the Utility's wastewater treatment plant (WWTP) and collection system? Recommendation: Staff recommends that the WWTP and collection system be considered 100 percent U&U. There is no excessive infiltration and inflow (I&I) and no adjustment to operating expenses is necessary. Issue 3: What is the appropriate average test year rate base for TKCB, Inc.? Recommendation: The appropriate average test year rate base for TKCB for ratemaking purposes is $58,454. Issue 4: What is the appropriate return on equity and overall rate of return for TKCB, Inc.? Recommendation: The appropriate return on equity (ROE) is 7.85 percent with a range of 6.85 percent to 8.85 percent. Issue 5: What are the appropriate test year revenues for TKCB, Inc.? Recommendation: The appropriate test year revenues for TKCB are $83,684. Issue 6: What is the appropriate amount of operating expense for TKCB, Inc.? Recommendation: The appropriate amount of operating expense for TKCB is $85,605. Issue 7: Should the Commission utilize the operating ratio methodology as an alternative method of calculating the wastewater revenue requirement for TKCB, Inc. and, if so, what is the appropriate margin? Recommendation: Yes. The Commission should utilize the operating ratio methodology for calculating the revenue requirement for TKCB. The margin should be 12 percent of O&M expense. 8 2Z(o Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 5**PAA Docket No. 20180218 -SU — Application for staff -assisted rate case in Brevard County by TKCB, Inc. (Continued from previous page) Issue 8: What is the appropriate revenue requirement for TKCB, Inc.? Recommendation: The appropriate revenue requirement is $94,728 resulting in an annual increase of $11,044 (13.20 percent). Issue 9: What are the appropriate wastewater rates for TKCB, Inc.? Recommendation: The recommended monthly wastewater rates, as shown on Schedule No. 4 attached to staff's memorandum dated July 25, 2019, are reasonable and should be approved. The Utility should file revised tariff sheets and a proposed customer notice to reflect the Commission -approved rates. The approved rates should be effective for service rendered on or after the stamped approval date on the tariff sheets pursuant to Rule 25-30.475(1), F.A.C. The approved rates should not be implemented until staff has approved the proposed customer notice and the notice has been received by customers. The Utility should provide proof of the date notice was given within 10 days of the date of the notice. Issue 10: What is the appropriate amount by which rates should be reduced after the published effective date to reflect the removal of the amortized rate case expense as required by Section 367.081(8) F.S.? Recommendation: The rates should be reduced as shown on Schedule No. 4 attached to staff's memorandum dated July 25, 2019, to remove rate case expense grossed -up for RAFs and amortized over a four-year period. The decrease in rates should become effective immediately following the expiration of the rate case expense recovery period, pursuant to Section 367.081(8), F.S. TKCB should be required to file revised tariffs and a proposed customer notice setting forth the lower rates and the reason for the reduction no later than one month prior to the actual date of the required rate reduction. If the Utility files this reduction in conjunction with a price index or pass-through rate adjustment, separate data should be filed for the price index and/or pass-through increase or decrease and the reduction in the rates due to the amortized rate case expense. 2,2 Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 5**PAA Docket No. 20180218 -SU — Application for staff -assisted rate case in Brevard County by TKCB, Inc. (Continued from previous page) Issue 11: Should the recommended rates be approved for TKCB, Inc. on a temporary basis, subject to refund with interest, in the event of a protest filed by a party other than the Utility? Recommendation: Yes. Pursuant to Section 367.0814(7), F.S., the recommended rates should be approved for the Utility on a temporary basis, subject to refund with interest, in the event of a protest filed by a party other than the Utility. TKCB should file revised tariff sheets and a proposed customer notice to reflect the Commission -approved rates. The approved rates should be effective for service rendered on or after the stamped approval date on the tariff sheet, pursuant to Rule 25-30.475(1), F.A.C. In addition, the temporary rates should not be implemented until staff has approved the proposed notice, and the notice has been received by the customers. Prior to implementation of any temporary rates, the Utility should provide appropriate security. If the recommended rates are approved on a temporary basis, the rates collected by the Utility should be subject to the refund provisions in the staff analysis of staff's memorandum dated July 25, 2019. In addition, after the increased rates are in effect, pursuant to Rule 25-30.360(6), F.A.C., the Utility should file reports with the Commission's Office of Commission Clerk no later than the 20th of each month indicating the monthly and total amount of money subject to refund at the end of the preceding month. The report filed should also indicate the status of the security being used to guarantee repayment of any potential refund. Issue 12: Should the Utility be required to notify the Commission, in writing, that it has adjusted its books in accordance with the Commission's decision? Recommendation: Yes. TKCB should be required to notify the Commission, in writing, that it has adjusted its books in accordance with the Commission's decision. TKCB should submit a letter within 90 days of the final order in this docket, confirming that the adjustments to all applicable National Association of Regulatory Commissioners (NARUC) Uniform System of Accounts (USOA) primary accounts have been made to the Utility's books and records. In the event the Utility needs additional time to complete the adjustments, notice providing good cause should be filed within seven days prior to the deadline. Staff should be given administrative authority to grant such an extension for up to 60 days. -10- 2.2b Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 5**PAA Docket No. 20180218 -SU — Application for staff -assisted rate case in Brevard County by TKCB, Inc. (Continued from previous page) Issue 13: Should this docket be closed? Recommendation: No. If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the proposed agency action order, a consummating order should be issued. The docket should remain open for staff's verification that the revised tariff sheets and customer notice have been filed by the Utility and approved by staff. Once these actions are complete, this docket should be closed administratively. - 11 - Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 6** Docket No. 20190081 -EI — Petition for approval of 2019 revisions to underground residential and commercial differential tariffs, by Florida Power & Light Company. Critical Date(s): 12/01/19 (8 -Month Effective Date) Commissioners Assigned: All Commissioners Prehearing Officer: Administrative Staff: ECO: Doherty GCL: Trierweiler Issue 1: Should the Commission approve FPL's proposed URD tariff and associated charges? Recommendation: Yes. The Commission should approve FPL's proposed URD tariffs and associated charges as shown in Attachment A of staff's memorandum dated July 25, 2019, effective September 5, 2019. Issue 2: Should the Commission approve FPL's proposed UCD tariffs and associated charges? Recommendation: Yes. The Commission should approve FPL's proposed UCD tariffs and associated charges as shown in Attachment B of staff's memorandum dated July 25, 2019, effective September 5, 2019. Issue 3: Should this docket be closed? Recommendation: If a protest is filed within 21 days of the issuance of the order, this tariff should remain in effect, with any revenues held subject to refund, pending resolution of the protest. If no timely protest is filed, this docket should be closed upon the issuance of a consummating order. -12- Z3O Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 7**PAA Docket No. 20190107 -EI — Petition for approval of commencement date for depreciation of AMI program assets, by Tampa Electric Company. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Clark Staff: ECO: Higgins AFD: Mouring, D. Smith, Cicchetti ENG: Doehling GCL: Brownless Issue 1: Should the Commission approve TECO's requested accounting treatment related to its AMI meters? Recommendation: Yes. Staff recommends that the Commission approve TECO's requested accounting treatment related to its AMI meters. Issue 2: Should TECO continue recording depreciation expense on existing AMR meters during the term of the 2017 Settlement? Recommendation: Yes. The continued depreciation of existing AMR meters is consistent with the 2017 Settlement. Issue 3: Should this docket be closed? Recommendation: If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, this docket should be administratively closed upon the issuance of a consummating order. -13- Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 8** Docket No. 20190138 -EC — Petition by Peace River Electric Cooperative, Inc. to establish temporary tariffs for customers previously served by Duke Energy Florida, LLC. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Administrative Staff: ECO: Draper, Guffey GCL: J. Crawford Issue 1: Should the Commission approve PRECO's request to establish temporary tariffs for customers previously served by DEF? Recommendation: Yes, PRECO's temporary tariffs as shown in. Attachment A of staff's memorandum dated July 25, 2019, should be approved. The proposed temporary tariffs are designed to help transition customers and are not unduly discriminatory under Rule 29-9.053(1)(d), F.A.C. At the end of the 3 -year transition period (August 1, 2022) PRECO should withdraw the temporary tariffs. Issue 2: Should this docket be closed? Recommendation: If no protest is filed by a person whose substantial interests are affected within 21 days of the issuance of the Order, this docket should be closed upon the issuance of a Consummating Order. - 14 - Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 9**PAA Docket No. 20190127 -GU — Petition for approval of transportation service agreement with Florida Public Utilities Company by Peninsula Pipeline Company, Inc. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Brown Staff: ECO: Guffey, Coston GCL: Simmons Issue 1: Should the Commission approve the proposed Agreement between Peninsula and FPUC dated May 17, 2019? Recommendation: Yes, the Commission should approve the proposed Agreement between Peninsula and FPUC dated May 17, 2019. Issue 2: Should this docket be closed? Recommendation: Yes. If no protest is filed by a person whose substantial interests are affected within 21 days of the issuance of the Order, this docket should be closed upon the issuance of a Consummating Order. - 15 - Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 10**PAA Docket No. 20190128 -GU — Petition for approval of transportation service agreement with Florida Division of Chesapeake Utilities Corporation by Peninsula Pipeline Company, Inc. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Brown Staff: ECO: Guffey, Coston GCL: Simmons Issue 1: Should the Commission approve the proposed Agreement between Peninsula and CFG dated May 17, 2019? Recommendation: Yes, the Commission should approve the proposed Agreement between Peninsula and CFG dated May 17, 2019. Issue 2: Should this docket be closed? Recommendation: Yes. If no protest is filed by a person whose substantial interests are affected within 21 days of the issuance of the Order, this docket should be closed upon the issuance of a Consummating Order. - 16 - Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 11 **PAA Docket No. 20170147 -WS — Application for staff -assisted rate case in Levy County by FIMC Hideaway, Inc. Critical Date(s): August 6, 2019 (Pursuant to Order No. PSC -2019 -0074 -PAA -WS) Commissioners Assigned: All Commissioners Prehearing Officer: Brown Staff: ECO: Sibley, Hudson AFD: Brown, Wilson ENG: King, Lewis GCL: DuVal Issue 1: Has FIMC Hideaway, Inc., complied with the requirements of Order No. PSC - 2019 -0074 -PAA -WS? Recommendation: Yes. FIMC, with the assistance of the Florida Rural Water Association (FRWA), has complied with the requirements of Order No. PSC -2019 -0074 - PAA -WS. Furthermore, based on the results of the customer meeting, staff recommends no additional action at this time with respect to FIMC' s water quality. Issue 2: Should this docket be closed? Recommendation: Yes. If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, a consummating order should be issued and this docket should be closed administratively. - 17 - Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 12** Docket No. 20190133 -WS — Application for approval of an 8" general service meter rate by Pluris Wedgefield, LLC. Critical Date(s): 08/16/19 (60 -Day Suspension Date) Commissioners Assigned: All Commissioners Prehearing Officer: Administrative Staff: ECO: Sibley, Hudson GCL: Simmons Issue 1: Should the utility's proposed tariffs containing the eight inch turbine general service meter be approved? Recommendation: Yes. The utility's proposed tariffs as shown in Attachment A of staff's memorandum dated July 25, 2019, containing the eight inch turbine general service meter should be approved as filed because it is consistent with Rule 25-30.437(6), Florida Administrative Code (F.A.C.). The approved rates should be effective for service rendered on or after the stamped approval date on the tariff sheets pursuant to Rule 25- 30.475(1), F.A.C. Issue 2: Should this docket be closed? Recommendation: Yes. If Issue 1 is approved, the tariff sheets should become effective on or after the stamped approval date on the tariff sheets pursuant to Rule 25-30.475, F.A.C. If a protest is filed within 21 days of the issuance of the Order, the tariff should remain in effect with the revenues held subject to refund pending resolution of the protest and the docket should remain open. If no timely protest is filed, the docket should be closed upon the issuance of a Consummating Order. -3(0 Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 13**PAA Docket No. 20180013-PU — Petition to establish a generic docket to investigate and adjust rates for 2018 tax savings, by Office of Public Counsel. Critical Date(s): None Commissioners Assigned: Clark, Brown, Graham Prehearing Officer: Clark Staff: AFD: Cicchetti GCL: Brownless Issue 1: What is the appropriate disposition of the tax impacts resulting from the passage of the TCJA for WAW utilities that have income taxes included in their revenue requirement? Recommendation: Of the 13 WAW utilities that have income taxes included in their revenue requirement and have filed their 2018 annual report, none are earning above their allowed rate of return range. No adjustments to base rates are necessary regarding the tax impacts resulting from the passage of the TCJA for these WAW utilities. Issue 2: Should this docket be closed? Recommendation: Yes. Upon expiration of the protest period, if a timely protest is not received from a substantially affected person, the decision should become final and effective upon issuance of the Consummating Order and this docket should be closed and separate dockets opened to address the tax impacts associated with the passage of the TCJA for Gold Coast Utility Corporation and St. James Island. -19- Agenda for Commission Conference August 6, 2019 ITEM NO. CASE 14** Docket No. 20170086 -SU — Investigation into the billing practices of K W Resort Utilities Corp. in Monroe County. Critical Date(s): None Commissioners Assigned: Brown, Polmann, Fay Prehearing Officer: Brown Staff: ECO: Ramos, Hudson AFD: Fletcher, Norris, Sewards APA: Deamer GCL: Brownless, Schrader Issue 1: Should the Commission approve the Stipulation and Settlement jointly filed by KW Resort Utilities Corporation and the Office of Public Counsel? Recommendation: Yes. Issue 2: Should KWRU's Offer of Settlement be approved? Recommendation: Yes, if the Commission votes to approve Issue 1. If the Commission does not vote to approve Issue 1, this case should be set for hearing with appropriate modifications to the filing dates made in Order No. PSC -2019 -0101 -PCO -SU, Order Establishing Procedure. Issue 3: Should this docket be closed? Recommendation: Staff recommends that if the Commission approves both the Stipulation and Settlement and the KWRU Offer, and if no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of issuance of the order, this docket should be administratively closed upon the issuance of a consummating order. If the Commission does not approve both the Stipulation and Settlement and the KWRU Offer, this docket should remain open pending resolution at hearing. -20- BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. BY THE COMMISSION: DOCKET NO. 20190082 -EQ ORDER NO. PSC -2019 -0298 -CO -EQ ISSUED: July 26, 2019 CONSUMMATING ORDER 1.P. By Order No. PSC -2019 -0265 -PAA -EQ, issued July 1, 2019, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -2019 -0265 - PAA -EQ has become effective and final. It is further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 26th day of July, 2019. /s/ Adam J. Teitzman ADAM J. TEITZMAN Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. MAD 231 ORDER NO. PSC -2019 -0298 -CO -EQ DOCKET NO. 20190082 -EQ PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. 4410.21 CLERK OF THE CIRCUIT COURT P.O. BOX 1028 VERO BEACH, FL 32961 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beachin Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Subscribed and sworn to before on July 23, 2019: Notary. State of WI. County of Brown TARA MONDLOCH Notary Public Mate of Wisconsin My commission expires August 6, 2021 Publication Cost: $47.88 Ad No: 0003691476 Customer No: 1309493 PO #: PARTIC) 'Loa*NEl ' RtK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION NOTICE OF UNCLAIMED MONEYS .. Unclaimed moneys :for Cash Bonds, Garnishment Surplus, Non Resident Cost Bonds, Small Claims Garnishments, Small Claims :Non Resident Cost Bonds depb'sited with the Clerk 'of: the Circuit; Court, prior to January 1, 2Q18; for the. following defendants will be' forfeited' to. the Indian River County Clerk of Court unless claimed by the deposi- tor of the cash bond by Sep- tember 1, 2019: For a listing of defendants• and for information to ;claim. the, 'balance, please_ :visit our website at `www.clerk.indian-r• iver.org' Click. on the "Unclaimed. Bonds" in the blue bar on the top bt the page. Click: on the "Unclaimed Monies"on the left side :of the screen. Pub July23 2019 TCN ,3691476: August 13, 2019 INFORMATIONAL ITEMS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: July 10, 2019 Subject: Letter of Support for Bethel Creek for Lagoon Research Project From: Tina Cournoyer, Commissioner Assistant At its July 2, 2019 meeting, Item 14.E.1, the Board of County Commissioners directed the County Attorney to write a letter of support for the Florida Tech -Restore Lagoon Inflow Research Project to consider Bethel Creek for the location. The letter is included as back-up. 3 Bob Solari Chairman District 5 Susan Adams Vice Chairman District 1 July 10, 2019 Robert Salonen, MPA, CEcD Director, Government Affairs & Strategic Partnerships 150 W. University Blvd. Melbourne, FL 32901 RE: Restore Lagoon Inflow Research project Dear Mr. Salonen, Joseph E. Flescher District 2 Tim Zorc District 3 Peter D. O'Bryan District 4 As you are aware, the Florida Institute of Technology was awarded $800,000 during the last legislative session for a Restore Lagoon Inflow Research project. The goal of this project is to gauge the potential impacts of controlled reintroduction of ocean seawater into the Indian River Lagoon as a contributing solution to restoration efforts. As the Florida Institute of Technology explores locations for implementing this project, the Indian River County Board of County Commissioners wishes for you to consider Bethel Creek in Vero Beach as a potential site. As noted in the application for this funding, the service area for this project includes both Brevard County and Indian River County. The Board recognizes the fact that the Bethel Creek area was the location of a natural inlet in the past. This project would continue the history of cooperation between Indian River County and the Florida Institute of Technology. For years, the Florida Institute of Technology maintained a tracking station adjacent to Indian River County's Tracking Station Park. Additionally, when Indian River County installed the Prefabricated Erosion Prevention (PEP) reefs along the beaches of Vero Beach, it was the Florida Institute of Technology that performed the important initial engineering and biological studies of the project. We know that you may be considering other worthy sites for this project. The Indian River County Board of County Commissioners, asks that you seriously consider Bethel Creek as a potential location for this work. Sincerely, //Original Signed// Bbb Solari Chairman 4 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar 2 Community Office Hours Event Aug 15 @ North IRC Library: • 10am- One on one with Commissioner Susan Adams Special Olympics Area Games - VOLUNTEERS Needed Aug 17 @ NCAC: • 7am-4pm - Volunteers needed. Beginners Trap Shooting Clinic Aug 17 @ IRC Shooting Range: • 9:30-11:30am - Match held 3rd Sat. of every month. Beginners Skeet Shooting Clinic Sept 7 @ IRC Shooting Range: • 9:30-11:30am - Match held 1st Sat. of every month. South County Community Meeting Sept 9 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Okeechobee Marshalls Cowboy Shooting Club Match Sept 14 @ IRC Shooting Range: • 9am-1:30pm Well Armed Women Sept 14 @ IRC Shooting Range: • 9:30-11:30am - Ladies Shooting Club Match Community Office Hours Event Sept 19 @ North IRC Library: • 10am- One on one with Commissioner Susan Adams Beginners Trap Shooting Clinic Sept 21 @ IRC Shooting Range: • 9:30-11:30am - Match held 3rd Sat. of every month. 5 August 13, 2019 ITEM 7/1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 2, 2019 SUBJECT: Letter to Florida DEP, re: New draft biosolids rules FROM: Commissioner Bob Solari As discussed at the July 2, 2019, BCC meeting, a letter was written and submitted to FDEP, asking for reconsideration of the draft wording on some of their new biosolids rules. Letter included as back-up. Thank you. 6 BOARD OF COUNTY COMMISSIONERS Bob Solari (fraVER ., Joseph E. Flescher Chairman District 2 District 5 4 Tim Zorc District 3 Susan Adams * Vice Chairman t Peter O'Bryan District 1 District 4 July 26, 2019 Kristin Gousse Government Analyst, Division of Water Resource Management 2600 Blair Stone Road. MS 2500 Tallahassee. FL 32399-2400 Maurice Barker Biosolids Coordinator, Domestic Wastewater Section 2600 Blair Stone Road, MS 3540 Tallahassee. FL 32399-2400 Re: Biosolids Rulemaking, Chapter 62-640 Dear Ms. Gousse and Mr. Barker: Staff at Indian River County has already sent in a number of comments in response to the proposed new Chapter 62-640, which covers the land application of biosolids. I am writing on behalf of the Board of County Commissioners of Indian River County with additional comments of a less technical nature dealing more with some of the policy aspects of the proposed rule. The immediate first impression of the proposed rule is that it is more heavily weighted to preserve the waste producers' ability to dump biosolids on Florida lands than it is to protect our environment, particularly the waters of the state of Florida. This is of particular concern to the people of Indian River, who have seen one of its great environmental resources -- the Blue Cypress Lake located in the most rural area of our County -- suffer in recent years from too mich phosphorus as literally tons of biosolids have been dumped in the area of the lake. This includes a reported 293,358.9 pounds of total phosphorus in 2017 alone. Two things are clear from the start. First, based on scientific studies analyzing the land application of biosolids in areas with physical characteristics similar to the Blue Cypress Lake, surrounding waters will be polluted. Second, the dumping of tons of biosolids on fields, particularly with the known ratio of TN to TP. serves no valid agronomic purpose. More importantly. as a former citrus grower in Florida I know that I would never send, nor can I 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 imagine any other responsible farmer sending, any workers into any groves for a very long time after the dumping of tons of biosolids on the land. Based on the amounts of biosolids being dumped on fields in the area of Blue Cypress Lake, the time between the application of biosolids and the time when a responsible farmer would allow the reentry of workers would be so long that it would be impossible to grow and harvest a commercially viable crop. Three specific points on the proposed rule: 1. 62-640.100(1)(h) — The rule gives up to three years from its effective date to achieve compliance. Given that the effective date will very possibly be more than a year from now, this will mean that hundreds of thousands of additional biosolids will probably be dumped on fields that need essentially no phosphorus. This will lead to significant additional degradation of the waters of the state. The additional dumping of biosolids at rates similar to those at which they have been dumped over the past four years for an additional four years will most probably put Bh'e Cypress Lake in a crisis condition. The time to come into compliance with any new rules should be significantly shortened. 2. 62-6450.500 Nutrient Management Plan (NMP) — If protection of Florida waters is a goal of the rule-making process, the goal will not be met with this rule. The rule is bad law in the sense that it is so loose and vague in certain areas that no two people will have the same understanding of what it means. Worse for the environment is that the rule is heavily -favored to allow the inappropriate application of biosolids, rather than to protect Florida waters. Two examples of this are, first, (5)(1) directs respondents to "Include a discussion of the risk associated with phosphorus accumulation and a proposed phosphorus drawdown strategy if the soil phosphorus levels are increasing on any application zones on the site." (Emphasis added) If soil phosphorus levels are increasing on Florida lands that need very little if any phosphorus to begin with, the response should not be a "discussion"; if the health of the environment is of any concern, it should be to immediately stop applying more phosphorus. Second. (8) states: "When considering the availability of nitrogen in biosolids, once the amount of plant available nitrogen to be supplied has been determined (i.e., the crop nitrogen demand has been adjusted to take other sources of nitrogen into account), this amount may be multiplied by a.factor Q/1.5 (i. e. a 50 percent increase) to determine the amount of nitrogen that may be supplied by biosolids." (Emphasis added) If I understand this provision correctly, it will allow biosolids -- at a time when excess nitrogen and phosphorus are said to be one of the major cause of polluted waters in Florida -- to be applied at clearly excessive rates. This agronomically irresponsible allowance of 50 percent more nitrogen than the plant needs is particularly dangerous given the roughly 2.5TN:ITP in Class B biosolids, which before the 50 percent increase provides phosphorus five-to-ten times greater than crop needs. This section should be changed to something much simpler and designed to both allow the application of biosolids, albeit at reduced levels, and to protect the environment. Fortunately, there is a rule in Florida that seems to do both successfully. It is that the permit holders shall provide annual documentation that there has been no net loading of phosphorus by accounting for phosphorus applied to the site with the amount of phosphorus exported in production generated on the site. In short, no more phosphorus can be put down than the crop is actually using. This should be documented and supported with appropriate monitoring. 3. The rule should make clear that from this point forward the cost of remediation for any damage done to the waters of the State of Florida is paid for by the entities responsible for the pollution. This provision also will require appropriate monitoring so that those responsible for the damage can be properly identified. The science is clear: the risk of negative phosphorus impacts on surface waters increases with higher levels of soil phosphorus, proximity of surface waters, and well-defined pathways for transporting soil phosphorus to surface waters. These conditions are all met at Blue Cypress Lake. Additionally, in the past years tons of biosolids have been dumped in the near vicinity of Blue Cypress. There is now a documented problem with phosphorus in the Blue Cypress Lake, just as science has said there would be. What we in Indian River County need is a rule that will clearly stop the dumping of biosolids in areas that will further pollute our waters. To most of us in Indian River County, the present rule appears to be focused on insuring that management costs for municipalities is reduced and not that the waters of the State of Florida are protected. This is something that our citizens cannot accept. They may not understand the ins- and-outs of biosolids but they know that something stinks when they are being told to spend ten to fifteen thousand dollars apiece to move off their septic tanks (to County sewer) because of the crisis that their perhaps five pounds of phosphorus annually is causing in the Indian River Lagoon, when just to the west of them literally tons of phosphorus from South Florida have been dumped -- after being properly permitted by FDEP-- onto fields at the headwaters of the St. Johns River. All the while having been made aware that during this period of permitted dumping, the previously healthy waters of the Blue Cypress Lake have been significantly impaired. Please change your focus and change the rule. Change your focus from reducing the costs for South Florida waste producers to protecting the environment of Florida and change the rule so that it protects the Blue Cypress Lake and similar waters in our great state. If there is anything that I can do to help make a better rule, please let me know. Sincerely, Bob Solari Chairman, Indian River County Board of County Commissioners Commissioner, District 5 bsolari(a:irct;ov.corn 772-226-1438 7,1 INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 2, 2019 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida. Please see the attached document for expenses incurred as of 8/2/19. ATTACHED: • All Aboard Fl. expenses through 8/2/19 spreadsheet. 10 All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorization 10/2/2018 Board approved additional $92,500 11/20/2018 Board approved additional $1 million -Budget amendment 11 Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 7/10/2019 Murphy &Walker- 513,868.00 Fees for Legal Services June 2019 6/24/2019 Bryan Cave LLP 51,244.00 Fees for Legal Services May 2019 6/12/2019 Murphy & Walker $7,939.10 ' _ Fees for Legal Services May 2019 5/29/2019 Bryan Cave LLP 565,848.60 Fees for Legal Services April 2019 5/15/2019 Murphy & Walker 52,656.50 Fees for Legal Services April 2019 5/14/2019 Bryan Cave LLP $75,490.34 Fees for Legal Services March 2019 4/4/2019 Murphy & Walker . 58,042.00 Fees for Legal Services March 2019 3/26/2019 Bryan Cave LLP 559,154.08 Fees for Legal Services February 2019 3/18/2019 Murphy & Walker 515,988.70 Fees for Legal Service -February 2019 3/18/2019 Bryan Cave LLP 53,577.26 Fees for Legal Service -January 2019 2/21/2019 Murphy & Walker 513,539.54 Fees for Legal Service -January 2019 2/5/2019 Bryan Cave LLP 59,938.49 Fees for Legal Service -December 2018 1/4/2019 Murphy & Walker 59,929.00 Fees for Legal Service -December 2018 12/27/2018 Bryan Cave LLP 526,535.95 Fees for Legal Service -November 2018 12/5/2018 McDermot,Will & Emery LLP _ 510,000.00 IRC Legislative Advocacy Matters -through 10/31/18 12/3/2018 . Bryan Cave LLP $16,416.20 Fees for Legal Service -October 2018 tSubtotal Expenses FY 18/19 5340,167.76 l - - - 9/30/2018 McDermot,Will & Emery LLP $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 9/30/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters -through 8/31/18 9/30/2018 Bryan Cave LLP 572,352.66 Fees for Legal Service -Sept 2018 9/30/2018 Bryan Cave LLP 560,392.05 Fees for Legal Service -Aug 2018 9/10/2018 Bryan Cave LLP $109,699.89 Fees for Legal Service -July 2018 8/24/2018 , McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 8/8/2018 Bryan Cave LLP 549,360.27 Fees for Legal Service -June 2018 7/18/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 4/18-4/20/18 7/17/2018 Bryan Cave LLP $14,257.36 Fees for Legal Services -May 2018 7/2/2018 McDermot,Will & Emery LLP 510,012.00 IRC Legislative Advocacy Matters- 4/6-4/20/18 6/13/2018 Bryan Cave LLP 530,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 5/15/2018 Bryan Cave LLP $23,853.70 Fees for Legal Services -March 2018 5/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/14-27/18 4/9/2018 Bryan Cave LLP $56,189.09 Fees for Legal Services -Feb 2018 4/9/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP $58,782.89 Fees for Legal Services -Jan 2018 3/7/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 Bryan Cave LLP 532,662.90 Fees for Legal Services -Dec 2017 2/2/2018 - McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP 56,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP 510,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Sept 'Subtotal Expenses FY 17/18 $634,725.58 l 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legal Services -Sept 2017 9/30/2017 Bryan Cave LLP 51,119.00 Fees for Legal Services -Aug 2017 - - 9/27/2017 Bryan Cave LLP - 513,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP 55,893.00 Fees for Legal Services- June 2017 7/17/2017 Bryan Cave LLP 520,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP 5823.50 Fees for Legal Services -April 2017 5/12/2017 - Bryan Cave LLP 52,608.50 . Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP 577.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP 53,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP 5375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP - 511,097.20 Fees for Legal Services- Jan 2017 3/8/2017 Bryan Cave ILP 514,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP 5342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave ILP 553,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS - $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP 51,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP 516,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 l 11 Date -----= ---- 9/30/2016 Bryan Cave LLP 55,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP 58,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS 528,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS 515,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP 514,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP 53,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP 572,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS 517,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP 527,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS 529,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS 521,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin 5150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP 531,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP 56,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP 550,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP 520,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP 51,245.06 Fees for Legal Services -Oct 2015 private activity bonds (Subtotal Expenses FY 15/16 $807,167.15 I 9/30/2015 Bryan Cave LLP 554,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP 57,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP ry $81,436.99 -- Fees far Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP 537,687.25 Fees for Legal Services -June 2015 ,7/1/2015 Bryan Cave LLP 5178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP 537,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP 528,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA -5250.00 Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA 5500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA' $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA' $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP 533,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP 579,962.30 Fees for Legal Services (Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP 526,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP 5638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP 5937.50 Fees for Legal Services !Subtotal Expenses FY 13/14 528,551.80 'Split between St.Lucie, Indian River, and Martin Counties 12 Date Vendor Amount Note Acct#00110214-033190-15023 Other Professional Services Other Professional Services Date Vendor Amount -------- Note _a- - -. 11272018 / / Scripps $92.40 2 Legal Advertising 11/21/2018 Gail E. Flinn $350.00 Transcription Services $400.39 [Subtotal Expenses FY 18/19 $442.40 4/16/2019 9/30/2018 Copy Charges $32.96 Copies 8/30/2018 Florida Dept of Transportation 582.84 Public Records Request -balance 7/10/2018 Florida Dept of Transportation $82.84 Public Records Request [Subtotal Expenses FY 17/18 $198.64 ! -� 4/28/2017 Martin County 50% reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. 51,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consultants 513,396.11 51,406.74 5113.50 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps 595.70 Legal Advertising ' Subtotal Expenses FY 16/17 518,779.15 5113.50 9/30/2016 GK Environmental $5,580.00 Kate Cotner -FL Dev Finance Corp Mtg-Orlando 9/30/2016 Triad Railroad Consultants 524,758.59 Review AAF 90%& plans 9/30/2016 Atkins North America,lnc. 520,782.50 Drainage Reports & calculations 9/30/2016 Federal Express 58.18 - 8/5/2016 GK Environmental 52,040.00 5110.45 7/12/2016 Dylan Reingold-travel to Wash DC 5928.37 AAF Hearing 6/1/2016 US Legal Support Inc. 5160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express 56.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental 51,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting 5417.50 IRC vs Rogoff Jet Blue -Dylan Reingold !Subtotal Expenses FY 15/16 562,563.89 9/30/2015 Dylan Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group 536,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express 56.31 Shipping 7/2/2015 William M Sampson 56,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States 5570.00 Public Records ISubtotal Expenses FY 14/15 544,810.15 Acct#00110111-034020-15023 All Travel Travel Date Travel Amount Notes 4/24/2019 Dylan Reingold-FDFC Meeting on Brightline $400.39 4/16/2019 Tim Zorc-FDFC Meeting -Orlando $97.32 3/13/2019 Peter O'Bryan-FDFC Meeting -Orlando $111.32 3/13/2019 Bob Solari-FDFC Meeting -Orlando $92.32 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense 5156.89 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel - $174.90 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Flight 5373.60 !Subtotal Expenses FY 18/19 51,406.74 5113.50 I 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 ' 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando $111.91 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando 5122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando 591.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando 5110.45 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando 591.52 - 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg 5161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg 5271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner 5167.20 5/1/2018 Jet Blue -Dylan Reingold 5128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold $548.74 Subtotal Expenses FY 17/18 52,420.00 13 Date Vendor Amount Note 9/30/2017 Delta Air 5191.80 Work Order 10 EIS 9/30/2017 American Airlines $193.20 Work Order 13 Noise Monitoring 9/30/2017 Jet Blue - $168.20 Work Order 10 EIS 9/30/2017 Jet Blue 525.00 Work Order 10 EIS 9/30/2017 Bob Solari -travel to Washington DC 5869.98 with OMB,Senator & Congressman & FDOT Acct#00110214-034020-15023 $44,740.70 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 — - - 9/30/2017 ' Dylan Reingold-travel to Washington DC $753.49_ Work Order 10 EIS 6/28/2017 Kate Cotner -Tag Meeting ' 560.07 mileage to Cocoa 8/08/14 Subtotal Expenses FY 16/17 $3,029.76 I 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel 5109.00 MHG Tallahassee AL P -Dylan Reingold 12/16/2015 Kimberly Graham 5901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 - Doubletree Orlando 5271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner -55.36 Orlando -Travel -FL Dev. Finance Corp (Subtotal Expenses FY 14/15 5341.26 I Acct#11124319-033190 Other Professional Services Date Vendor Amount Notes 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc 52,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc 55,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc 51,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc 53,125.00 Work Order 10 EIS !Subtotal Expenses FY 13/14 $17,274.00 I Total Expenses 18/19 Total Expenses 17/18 Total Expenses 16/17 Total Expenses 15/16 Total Expenses 14/15 Total Expenses 13/14 $342,016.90 $637,344.22 5223,471.97 5870,867.50 $1,154,211.26 545,825.80 Total expenses processed as of 8/2/19 $3,273,737.65 Total Board authorized budget for FY 18/19 Total Board authorized budget for FY 17/18 Total Board authorized budget for FY 16/17 Total Board authorized budget for FY 15/16 Total Board authorized budget for FY 14/15 Total Board authorized budget for FY 13/14 51,047,700.00 $637,344.22 $223,471.97 $870,867.50 51,154,211.26 $45,825.80 Total budgeted 13/14-18/19 $3,979,420.75 Remaining Balance $705,683.10 14 Informational Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board Of County Commissioners DATE: August 6, 2019. SUBJECT: 3rd Quarter FY 2018/2019 Budget Report FROM: Kristin Daniels Budget Director, Office of Management & Budget Following is the quarterly budget report for the third quarter of fiscal year 2018/2019. 15 Financial Indicators Snapshot - June 2019 Comments Q Represents collection Oct 2018 through May 2019. Decrease of $135,809 from prior year YTD. Through May 2019 collections -trend is positive -YTD figures have exceeded prior year by $303,482 Year to date collections through May 2019 are above prior year by $213,061. Varies by month, however, increase of $338,618 YTD compared to prior year. Varies by month, however, increase of $121,565 YTD compared to prior year. Tourist Taxes failed to meet budgeted expectations by $4,576; year to date revenues are down ($41,323) when compared to last year. Overall YTD Franchise Tax revenue is $6,720,355 vs $6,941,795 in prior year. ir {n to r -I !YTD revenues are up $28,000 compared to prior year, and up I $43,290 compared to budget. GAC pool closed 2/15-3/28 for resurfacing. YTD revenues up $3,004, and up $11,075 compared to budget. Revenues are down YTD $5,085 compared to last year. Athletics I are down $6,910 compared to last year. JI Revenues are up $2,836 for the month and $4,734 YTD. Primarily Room Rentals and Fitness Programs 0 N , OM1 II Profit of $258,964 through 3rd quarter vs $670,174 during the same period last year Total Rounds are up 4,712 or 6.1% YTD. YTD net income of $825,968 vs $826,320 last year Fleet YTD net income of $101,060 vs $122,284 last year ISWDD YTD net income of $5,896,010 vs $3,346,397 last year I Shooting Range YTD net income of ($133,779) vs ($138,290) last year Q Compared Variance Current Month to Budget U ,J CO C Q O CC 47' c:. P2 Gas Tax (Fund 109)1 0 `i N * 0 Cr 4 111 0 l c-1 41 0 01 O N.M . 0 -D aI 1--1 41 0 't V +I ir {n to r -I o e o N n N LIS a--1 ' — r- 26.2%I 0 0 M 40 0 M c ill 0 N , OM1 II N l0 N 410 o M M ISWDD % Change Current Month Q 0 diffr Compared Variance Current Month N ** o N a--1 4 0% g V1 N 414401. 0 0, L i lO 0 u1 N Ln 0 M N ' 6,--ilf1 l0 O 01 lO 14 ill" 00 e-1 4 0 O O1 e-1 0 l0 Ni r . 0 M O 4 M le)i * :o Prior Year 11 % Change Year - to -Date Gas Tax (Fund 109)1 -5.4%! I� r-1 a, N M !m,fl?, N O �-i o In 00 111 N ' ,?I M ' ir {n to r -I o e o N n N LIS a--1 ' 0 0 a-1 40 0 O Si 0 N 71 N l0 N 410 o M M ISWDD % Change Current Month Q 0 diffr 40, 41 e--1 41 N ** # 41 ,-1M . • 411 lO ill 6,--ilf1 l0 O 01 lO 14 ill" 00 e-1 4 O N Report Revenues Gas Tax (Fund 109)1 Optional Sales Tax (Fund 315) Half Cent Sales Tax1 Traffic Impact Fees (Fund 102) !Impact Fees (Fund 103) Tourist Tax Franchise Fees -TOTAL Recreation Revenues NCAC 0 Recreation 1G Building 'Profit & Loss Building Dept. Golf Course Fleet ISWDD Shooting Range Q 001 -GENERAL FUND Comments/ Notes The county budgets ad valorem taxes @ 95% collection. Most are paid by November to receive the 4% discount Developer/Extension Modification Fees Some Grants are based on reimbursement Remainder of SRO payment to come in July Radio PGM & Animal Control revenues received slightly below budgeted amounts. _ Received more animal licenses. Interest earnings higher than anticipated. Received FPL Disaster Grant in full. (Cash forward reserves budgeted, but not actual Difference from 75% Difference from 75% $14,288,616 0 mm N 0 001 4 .-1 VT 0 co 00 N in .=1 ON e -i .-i v o 0 1- .-i V} $478,342 m m O m a VT ($5,957,226) $9,382,194 Percentage of Annual Budget %0'001 Q Z 0 Ln n 0 N N 00 co l0 00\0 .-1 00 n m m 0\0 ch 00 0 O Ln 0 L0 a 03 YTD Revenues $57,132,967 O en m N e-1 CY) 1. M VI O L!1 VT Ln Cr O V1 e^-1 ei VT .-1 In to N: .N -I N N NI N M NI .-1 1 LO 00 1-1 LO $4,047,333 $14,376,920 $82,668,985 Quarterly Budget (75% of Total) $42,844,351 VT $4,888,831 m 01 cri 0 N ,4 VT in O m .1 i T lm0 .-L e-1 I.A. V Ln L ..r. ei N O ^ I. .6 Le i t0 n in. $20,334,146 $73,286,791 BUDGET o 00 Ln N .i 1: Ln VT in.OTCr d' 00 .1 In l0 VT a N .. O LD ei 1J 0 V Ln 00 e -I in. 1 In .4 Cr .1 tn. N N v O N in $4,822,360 0 1-1 �N N .1 N N VT $97,715,722 Account Description 001031 Taxes 1001032 Permits & Fees 1001033 Intergovernmental 1001034 Charges For Services 001035 Judgments, Fines & Forfeits 001036 Licenses 1001037 Interest 1001038 Miscellaneous 1001039 Other Sources Grand Total 004 MUNICIPAL SERVICE FUND Comments/ Notes The county budgets ad valorem taxes @ 95% collection. Most are paid by November to receive 4% discount. MSTU includes communications tax and business tax which makes this percentage lower than other funds. Lag time in receiving franchise fee payments- 8 months I received in 3 quarters. Lag time in receiving 1/2 Cent Sales Tax- 8 months received in 3 quarters. Pool and recreation revenues increase in summer (Code enforcement fines below budget. Interest income exceeding projected revenue amounts. Insurance Proceeds & Reimbursement -IG Dept. not budgeted Cash forward reserves budgeted, but not actual Difference from 75% Ln ey 00 O O CO VT m m in l0 N I. in 1-1 LD M 10 N $16,523 o 0 00 N CO in. Lo 00 LO 00 N N 0 .--1 m N CO VT rn N l0 01 00 In N ($464,233) Percentage of Annual Budget .-L .--1 Ol m 1. to N N N m LO N 48.8% 1 n N a 00 O a o LO n YTD Revenues 01 0 CO LD m Ln O LOO Cr .- io N t0 $6,821,954 $944,592 O In 01 OO kO VT m N 0o N i* O N 00 m in VT $24,944,860 Quarterly Budget (75% of Total) Ln on L^0 c6l0 VT O O 011 N 01 ko 0 r in 01 coN. O .31-tn. NI O I CT N in ,J1 in. O01 a V T LD 00 .ti VT m O 0 Cr, a Ln N V► BUDGET .1 0o ko Ln e-1 .1 VT 0 0 a O CO 01 VT N a I. Tr CrV 01 in. N 7o r- ei in O 0 Ln . IN -1 .1.4 UD m 1. 00 N 0 LO 00 Ul 0 Ln 01 e -I N VT $33,878,791 Account Description 004031 Taxes 004032 Permits And Fees 004033 Intergovernmental 004034 Charges For Services 1004035 Judgments, Fines & Forfeits 004037 Interest 004038 Miscellaneous 1004039 Other Sources Grand Total C O Q E O U 01 cc U 0 Q) do CO 0 0. N CC 3 m rts AL, FY 2018-2019 3rd Qtr. 111 TRANSPORTATION FUND Comments/ Notes Other permit revenue higher than budgeted due to revised permit fees DOT traffic signal enhancement revenue received this quarter MPO salary reimbursement completed at year end. Paving assessments interest charged here until year end entry. Interest earnings higher than anticipated. Lag time receiving reimbursements from cities for traffic maintenance, etc. reimbursements received at year end. Cash forward reserves budgeted, but not actual Cash forward reserves budgeted, but not actual Difference from 75% N � lD e --IV' tomT to (0 vi in N 01 .4 d' LT 00 Ln 0 o0 (0 LT l0 O 6 t0 N n 0 01 a O N N 01 N 01 0 N Percentage of Annual Budget 118.8% 76.4% 32.7% 261.4% oo\o N m oo\o N 0 .:" t0 M t0 YTD Revenues O011 .-1 m V? 01 .--1 V N LT ^ m LT O co Lt $134,349 $8,325,875 1 $11,317,531 Quarterly Budget (75% of Total) 0 Ul N 00 01 .-1 NO $2,368,221 0 Ul N N n LT 0 Ul N 0 N LT $294,375 N 00 m V N m LT $13,336,828 BUDGET O O LD N vi $3,157,628 0 0 D1 LT 0 0 m LT 0 tr.) o1 m vi O m m 00 M 1-1 $17,782,437 Department Description 111032 Permits And Fees 111033 Intergovernmental 111034 Charges For Services 111037 lnterest 111038 Miscellaneous 1111039 Other Sources Grand Total 114 EMERGENCY SERVICES DISTRICT Comments/ Notes - The county budgets ad valorem taxes @ 95% collection. Most are paid by November to receive the 4% discount (Grant paid on advance basis PEMT Program funds not in budget included this quarter. ALS charges exceeding budgeted figures. False fire alarm revenue lower than budgeted. Interest earnings higher than anticipated. Reimbursements lower than anticipated for surplus sales. Cash forward reserves budgeted, but not actual Qti 01 u o N n 0) 0 in La- LT 0000 LT UL 11 Ul LT (ND lm0 N LT 00 LT 0 O LT rn 00 1.N m 1.0 1./! Percentage of Annual Budget oo\o al 01 93.4% 84.4% 42.0% 578.3% e. to .�-i eo O o 0 M 0 01 YTD Revenues .-4 00 U1 I -I D1 rLT m v1 N .-1 U1 VD LT $5,289,428 O 1 N VT 171 01 .1 01 N 03 N N 01 U16. 4/1. 0 .1.401 W 01 4.0 1n n M N Quarterly Budget (75% of Total) 0000 0 0404 01 N u} 0011 N U1 LT lmD 00 0 N LST (0 n LT O Ul m VT 0000 N N LT $1,048,408 $31,188,189 to O D m .-1 m NLT m m N` l(0 00 l^D N l0 LT O N O O� N 0. m LT CO O011 01 N LT $41,584,252 Department Description 114031 Taxes 1114033 Intergovernmental 114034 Charges For Services 1114035 Judgments, Fines & Forfeits 114037 Interest_ 114038 Miscellaneous 1114039 Other Sources Grand Total O 03N Comments/ Notes I All Aboard Florida legal expenses not yet I expended State Health Department expenses slightly more than budgeted. Maintenance contract payments due later in the year. Other Contractual Services to be expensed later in year. Office Furniture & Equipment not yet expensed SRA other Machinery & Equipment expenses to be incurred later this FY, based on reimbursement 1Lag time in reimbursement submittals. Other contractual services due later in the year and other operating supplies still not expensed Salaries & benefits expense lower than budgeted - Reclassification of positions Expenses to be incurred later in the year. 'Lag time in reimbursement submittals. 1 CRA payments are due in full in December. Contingencies budgeted, but not expended. Salaries & benefits expense lower than budgeted - Leg/ PIO Position not yet filled Expenses slightly below budget. Reclass of position Computer Software budgeted but not expensed yet. Other Professional Services to be expensed later in year. Difference from 75% v l0 M r in o R 00 O O N1 so o t0 N l0 in iA n In .-1 l0 v ($277,561) 00 .-1 CO N O O .-I .L .0 n 0 LA O N h o n .N N 00 v .=N n LD 00 N V?.. m 01 N In .-N IA .0 N O Ni. N 0 M 00 CV 1/ ""� .N 01 L11 '7. 01 M LA 00 LA 01 V V LA. LA. 0 CO M M 0 V ' LA 00 .-1 LD LA 0 04.4 m LA N .-1 0 N 00 O V n 01 LA 0 .i I`j V Percentage of Annual Budget 74.3 00 O N- V O 03 IN 0 .0 0i N 0 LID V .D 0 .1 V LD 0 O ai LA 58.3% 0 CA N LD 0 01 Lri .D 0 LA ai V 0 0 .i n 0 01 .-i N 0 M .-1 LA 0 M vi 01 0 LA .o LA 0 .-N N LA 0 01 n .D 0 IN of LA 0 N Di M YTD Expenses CO .O 0l .4 .-N 00 V. $940,431 N 01 IN Lf1 .O V? N 01 M .4 t0 r V1 $382,738 51,628,814 CO V N N` O n fIl LA LA O M tD .-I N V. V M N O Ol N V? 0 .-1 .D 0 0 N V! N 0 n 6 N VT LO 00 N .O M LA 01 .D LA N .O V1. CO 0 LA V Ln 00 V1 CO LI1 '7 .4 .-1 N N N LA V O 0 .O .7 VT $337,216 V N N. n 0 .1 V. .D CO al 01 IN M VT $2,385 Quarterly Budget (75% of Total) N M M O1 .1 00 LA .-1 r N 0 0 lfl .-i VT N 01 N LA LD V} N M .-1 LA V1 n V? $444,313 l0 N M <D 0 01 '4 V? 990'OTL'b$ LO N0 .O .-1 N 0l VI. $872,404 .i CO N .D M N Vf 0 0 0 Ll) V V? $38,312 al 01 M 00 LD in 01 O1 0 0l C N .4 VI. 0 0 LA .D LO .1 VT N M CO 00 0 0 LD N $442,827 IN N 0 O1 .-1 .-N LA LA 01 M N. IN V LA. 0 0 Ll) V 01 REVISED BUDGET I_ $1,092,442 LA 0l .D 0 0 O N V1 M N N0 n 00 VT N V 00 lD O O .-I V1 N .-1 V N 01 LII u? Cr M 00 .4 V LA N N CO 00 0 O CO N LD V. .-N O 0l 00 N N .4 V1 LA O N ni VD .-1 .-j V1 -1 V 0 LA .i CO VT 0 O 0 O .O VI. N 00 0 .i LA V} CT 03 .1 .i al N 51,665,4651 0 O 0 N N N V? $8,138,4431 .D M V O 01 LA VI. N 0 N 00 L/1 0 LA .O N LII .D M .D VT 0 0 0 LD an. Department Description 1101 BCC Operations 102 County Attorney 1103 Geographic Info Systems Dept. 106 General Health 107 Communications/Emergency Svcs 109 Main Library N C 0) 000 Q 0 N 1111 Medicaid 112 North County Library 113 Brackett Family Library 114 Value Adjustment Board 1118 Ind Riv Soil/Water Conservation 1119 Law Library 128 Children's Services 1137 Redevelopment Districts 199 Reserves 201 County Administrator 202 General Services 203 Human Resources 204 Planning And Development ti U c 17 LL M 071 NW 0 C 00 (J 0 O N 0 U. 0 Comments/Notes Expenditures for Veteran's Council based on I reimbursement. Salaries & benefits expense lower than budgeted. Grant funds budgeted but not yet expensed . Expenses to be incurred later in the year - Capital (Automotive) Billed quarterly for staff from Health Dept. Not processed until July Capital budgeted but not yet fully expensed. Salaries & benefits expense lower than budgeted - due to employee turnover Janitorial service expenses less than budgeted. Budgeted maintenance expenses to be incurred later in the year Salaries & benefits expense lower than budgeted - due to employee turnover Position vacant through most of the fiscal year. Computer Service costs charged on a monthly basis. Insurance charge done once a year in January Automotive capital not yet purchased. Part time position also not filled in Feb. Communication equipment maint. paid in April. Expenditures based on reimbursement Position filled in April. Large amount of services still not expensed. Difference from 75% Ql In .-1 H .--1 V) m N lD 1pIn 1.0 LA V N al Ill .-i N N n N H M LA m 0 0 <D .-I m V 0 N N LA t!1 00 N N 01 n L1 ($63,244) V c1 t0 Ol V +l*A Ol co 0 .ti an O L1 O CO In N N L/ 00 N N Ln tD v m n 1-1 .-1 .-1 V ci N M N .-1 V .-1 M in L1 00 CO .-i M in. Percentage of Annual Budget o0 m O N 0 ul Ill t0 0 o 01 t0 0 co m tD 0 o- N tD 0 co V tD 55.8% 0 In N In 0 v m m 0\° m n N 84.0% %0'001 o o V tD 72.1% tO o 01 n o o m N m o rn Ill n YTD Expenses al M N O 01 .--I 4/1 In In N Ni 01 M V1 N 0 V Ol co 00 iy` h N 01 N 00 N . -I V1 01 V In V m ,-i LY LO V tD c'll m .-I L1 Cr N .-i M Ol N N N In M 01 r O N t? N m 00 Oi m L1 N n M 01 00 N .-i In O N to In Lf 00 .-i M O 01 N N $384,225 N N .-I t0 N N V1 LO 01 N Ill in 00 .--I Cr .--I V N .-1 N 01 V 01 N V? Quarterly Budget (75%ofTotal) CO 01 00 .-I o N Ll $448,878 LO n m In tD 01 .--I 44 Cr n 0 OO .-i N L1 01 In 01 VI .--I L1 01 00 LID v In .--I L1 $3,084,458 01 n .--I .-i n N L1 .-I In et 01 00 L1 01 tD M 00 00 V? N o 01 .-i O Ln L1 01 M N n .'i N L? m 01 01 01 V 1 L1 In V m 00 00 N ill. In N N In L1 01 01 In 01 01 NN M m N 1 01 L1 REVISED BUDGET N 01 .-1 01 tD N 111 .4 0 In 06 01 In V1 .-1 O In O N VD N V1 01 01 O O CO N L1 In V n d 0 N LT N u1 N tri 0 N 4/1 .-i .-1 Lc. N 1-1 .-i ,I` LA N N In .4 LID M L1 CO t0 N 0l .-1.-I .-i V1 In N 00 n .-Ito L1 01 0 N 01 tD L1 00 .-I M O 01 NV) L1 N M 01 0l 01 Lf $383,1261 M m 0 n* V1 0 00 0 tp N .1 V1 V V tD to IA 0 vy` lA Department Description 206 Veterans Services 208 Emergency Management 210 Parks 211 Human Services 212 Agriculture Extension 216 Purchasing 220 Facilities Management 229 Management & Budget 237 FPL Grant 1238 Emergency Mgmt. Base Grant 241 Computer Services 246 Risk Management 250 County Animal Control 251 Mailroom/Switchboard 252 Environmental Control 283 Lagoon 300 Clerk Of Circuit Court 0 N Commission charged on Ad Valorem collections, most collected by December. Tax Collector returns excess fees at year end. Postage not yet expensed. Timing on payment of utility bills First draw is 25% of budget per Florida Statutes. Reimbursement of unused funds from previous year Expenditures based on reimbursement. Expenditures based on reimbursement. Expenditures based on reimbursement. Difference from 75% $2,433,983 ($43,722) . -1 01 n m .-I 00 VN .-i t0 LT V o rn v V N. to LT N 01 t" Cr CO n m Vt03 O 0 of N N m 0 V t00 0 O t0 64.4% 63.4% 0 O N 0 0o N L? e o 74.7% 0 0 82.7% 0 83.3% 1 t t0 ca t0 nn N . 00 n N N 06 1-1 t0 N .-1 t0 O N 01 VM $2,272 115 Intergenerational Facility OTL`L50`OL$ CO LO LO CO 00 t0 t0 N O 00 N. .-I N 00 N t0 0 N O .-I 00 0 M u? N 01 n m M N 00 .-T V? LT LT M LT VT 00 N $2,334,3901 $38,244,561 •Cr 0i toll O O N $73,286,791 0o m .-1 0100 00 00 t0 N In N O 00 .4 O ,4 .N -I in LTLO N M N VT LT ON 00 L0 CA $3,738 $454,367 $97,715,722 O .y In V 00 N to N CO N 00 VT. N N 00 N n 00 to .-I ..-I 01 01 t0 M t0 a -I 00 N .ti VT m LT O t0 .-i VT u? LT 400 Tax Collector 1500 Property Appraiser 1600 Sheriff 700 Supervisor Of Elections 901 Circuit Court 1903 State Attorney 1904 Public Defender 907 Medical Examiner Grand Total FY 2018-2019 3rd Qtr. Comments/ Notes Seasonal operations at pool. Higher expenses (temp. employees) in summer. Seasonal operations at pool. Higher expenses (temp. employees) in summer. Some seasonal operations (summer camps) with higher expenses (temp. employees) in summer. Part time position filled in Jan. Other Professional Services to be expensed later in year. Capital items not yet purchased. Expenses to be incurred later in the year. Pro Shop supplies less than budgeted. Difference from 75% Ln 00 V1 r0n lD M Ol 60cA N n Zr; 01 0o o 01 ..-1 oP N. m N On LCT m O M V ti Percentage of Annual Budget %0'00T 0 V t00 0 O t0 64.4% 63.4% 0 O N 0 0o N YTD Expenses 00 t V M VT NI t0 n N l0 Ln N LO n 0 00 01 N N N 00 111 01 V1 VD 1A M too o 01 N e-1 M VT LO O V LI1 t0 VT .0 'I N 01 00 V N Quarterly Budget (75% of Total) T to N Vf O .-I O1 M LT 0 o V M N LT M to 00 00 UT R .-1 O M 0 LT O N O al t 0 VT O 01 M M UT REVISED BUDGET $3,465 V .-I N Ol VT V.-1 M 11 V VT N V O 'y` VT N to M V N $920,943 N 0o .4 t0 VT Department Description 1102 County Attorney 104 North County Aquatic Center 105 Gifford Aquatic Center 108 Recreation 115 Intergenerational Facility 116 Ocean Rescue 1161 Shooting Range Operations Comments/ Notes Expenses just slightly under budget. Insurance charges for fund done once per year in January. Postage and Other services still not expensed. Capital projects not yet completed -Jones Pier Improvements and 58th ave Ballfield Budgeted demolitions to happen later this year. Other Professional Services to be expensed later in year - Nexus Worx Fiber Commission charged on Ad Valorem collections, most collected by December. Tax Collector returns excess fees at year end. Difference from 75% v LLfl 14 .--I N IA io V N .-1 v 00 0 00 N LA ($34,455) to 1Lf1 O 0 01 lil. o N N .--I V to .^-I 00 m N VT v to N 111 CO ,-I lA g 0 N I'. 1D 14 IA 74.2% o0 .-I N. O m . N e V L co • m-1 65.8% o V O ° '"� V N o N 0011 00 ni N t0 oo •" I to O 011 e -I 000 .-1 h 0o 01r.4 to 5357,238 t00 t0 O to N t0 ^o 0 o t V N Nio t . -I to to N 01M c-1 to O 0 I' fr1 N N $18,835,443 O Lc, Ni" al I.A. t0 n t0 01 to 01 t0 .--I m o- to .m-1 N m .y` L1 l0n 01 O1 '4/ cn (V 00 cr.' a to $60,000 $25,409,093 $25,113,924 O 00 QS In N to 00 t0 v1 m N .y IA 5522,258 TS6'0Lb'T$ N Ni m m .-/ to 01 00 m m 111 to O O 0 00 in $33,878,791 1199 Reserves 1204 Planning And Development 205 County Planning 207 Environmental Plan/Code Enforce 210 Parks 214 Road & Bridge 234 Telecommunications 400 Tax Collector Grand Total Comments/ Notes Contingencies budgeted, but not expended. Multiple position vacancies. Capital items encumbered but not yet expensed. FEC Payments to be incurred later in the year. Multiple position vacancies. Capital items encumbered but not yet purchased. Capital items encumbered but not yet expensed. Vacancy filled in Jan. Capital items not yet purchased as well as other budgeted services not yet completed. Difference from 75% o e0 U6 0N t4 01 ti t0 00 00 m N N .... N o l/1 0 to 0 m N 00 V m .-1 00 N LA ($2,503,870) Percentage of Annual Budget 0 O) N 00 0 In Le;O^ 01 rn m 0 l/1 t00 0 N 011 0 tD 00 0 O1 t0D YTD Expenses .'-I N 01 00 N 56,016,524 N 01 to N to $1,720,410 lf1 N 00 00 .-1.O to $458,056 00 p01 M 00 N IA Quarterly Budget (75% of Total) LA 01In .-- OV .y to Ci 00 N 0010 t0 N 0 m O N N N $2,065,481 Ln 01 Ni m ..-I to m .-1 cr N 513,336,828 REVISED BUDGET 0 N 00 t0 CO .-I to $9,190,245 0 N n'1 N m N 111 M 1n n Ni" to N O 01 u1 N to 0 01 0 0 .y N $17,782,437 Department Description 199 Reserves 214 Roads And Bridges 243 Public Works 244 County Engineering 245 Traffic Engineering 281 Stormwater Grand Total FY 2018-2019 3rd Qtr. 114 Emergency Services District Comments/ Notes 18.9 pay periods out of 26 were paid in quarter. This is 72.7% of salaries rather than 75%. Multiple position vacancies. 18.9 pay periods out of 26 were paid in quarter. This is 72.7% of salaries rather than 75%. Multiple position vacancies. Other Operating expenses to be incurred later in year - Electric services, maintenance to buildings, and maintenance to auto equipment ',Capital expenditures not yet purchased Payment to Division of Forestry made once per year, done in October. Commission charged on Ad Valorem collections, most collected by December. Tax Collector returns excess fees at year end. Difference from 75% S V . m O N .-1.VT V} o 00 m .ti m Tr ai al l0 a N l0 00 V 0 In N N 53,455 562,229 ($4,806,027)1 Percentage of Annual Budget q- O 01 l0 -,V O N 0 V to 0 V N .-I %0'00T 0 N O o0 0 a (f) l0 YTD Expenses $13,858,104 0 lm0 O N 01 0 V} 0 000 N e-1 00 ni V/ l0 V O N r- V) .-1 ONO M .--1 VT •-1 co l0 1A Ol VT $26,382,162 Quarterly Budget (75% of Total) $15,061,244 CO r1 O N l0 Tr r: Vl $4,439,589 0 N 01 O N CO m VT N l0 CO O .-I Vr N V/ 0 1110 00 t^ $31,188,189 REVISED BUDGET 01 00 to N 00 O O N VT N 00 CO 0 V of o V) 55,919,452 $4,427,893 N N CO M .-1 to 01 to 0 N al .-I .ti Vf $41,584,252 Department Description Salaries Benefits Operating (Capital Outlay Grants and Aids Other Uses Grand Total $143,220,9011 $131,009,839 0.1 /«#y#rG=y»#b4(«K±"g$,ggRg ;2H HiiR ri,i]W §;§;k§§)k-������,��x,ee Eg 19 2 PI > LLFJ \\\\, OOO O8 \\\k$ Ltn ! I -A( 1iaIN\ _\ /\)§\\ NL1 --- o |q/;§|}2 !!7E■ ® \§\/j _�(k\(\i q1:0 0,1 &} (\)\;tdiq ��,§§e�@m�==�@!l ,u :::; k,:,n( }}§§}!§§§§ 2 GS,��82;»��amlr,�,§2 k sae;��a ) 88 )))§ §§waka$mm§ 88888 L) N FY 2018/2019 BUDGET RECONCILIATION October 1, 2018 to September 30, 2019 Budget Approved Budget as of October 1, 2018 $ 339,878,868 Fund Item Description Grants Received 001 Emergency Mgmt Grant 001 EMPA Base Grant 001 FDOT CTC Grants 001 GEO Grant 001 SCAP Grant 004 Find Grant/Jones Pier 109 FDOT SCOP Grant 111 DEP Grant/Red Tide 114 EMS County Award Grant 117 FL Highway Beautification Grant 128 Artifical Reef Grant 129 CDBG Grant 136 HUD Grant 315 Joners Pier Grant 315 FIND Grant/Oyster Bar 3,143 21,996 1,711,661 13,500 23,573 130,000 4,626,720 122,628 19,731 82,068 55,250 750,000 176,059 61,000 120,000 7,917,329 Budget Amendment 7 7 8 8 11 8 4 7 7 7 8 8 4+8 8 8 Projects Carried Forward from FY 2017/2018 001 General Fund/Purchase Order Rollover 132,462 1 001 General Fund/Lagoon/Other Professional Services 20,518 6 001 General Fund/Other Capital Improvements/Fairgrounds 82,103 6 001 General Fund/Project Rollovers 2,507,282 4&10 004 MSTU/Purchase Order Rollover 1,964 1 004 MSTU/Project Rollovers 1,275,276 4 004 MSTU/Club Bali Demolish Buildings 122,275 7 102 Impact Fee/Fund CIE 3,575,000 4 103 Impact Fees/Purchase Order Rollover 99 1 103 Impact Fee/Fund CIE 1,109,660 4 103 Impact Fees/Parks/Hobart Park Restroom 185,000 6 108 Rental Asssitsnce/Rennovate Offices 50,000 2 109 Secondary Roads/Purchase Order Rollover 1,007,183 1 109 Secondary Roads/Fund CIE 2,662,766 4 111 Transportation Fund/Purchase Order Rollover 388,320 1 111 Transportation Fund/Project Rollover 49,495 4 114 Emergency Services District/Purchase Order Rollover 256,936 1 114 Emergency Services District/Rollover Funds 1,321,910 4 120 911 Surcharge/Purchase Order Rollover 265,946 1 123 SHIP./Purchaser Order Rollover 99 1 123 SHIP/Program Funds 308,859 7 127 Native Uplands/rRollover Jones Pier Projecxt 50,000 8 128 Beach Restoration/Project Rollover 819,482 4&10 124 MPO/Purchase Order Rollover 295 1 133 Florida Boating Improvements/Project Rollover 416,194 4&8 140 Court Facilitier/Project Rollover 93,257 4 145 Series 2006/Purchase Order Rollover 42,238 1 145 Series2006/Fund CIE 250,000 4 181 Gifford Streetlighting/Fund Rollover 75,000 4 187 Streelight/Rollover Funds 200 8 204 Spring Training/Debt Service Project Rollover 1,475,000 4 315 Optional Sales Tax/Purchase Order Rollover 215,913 1 315 Optional Sales Tax/Fund CIE 16,877,816 4&8&10 411 SWDD/Purchase Order Rollover 12,188 1 441 Building Department/Purchase Order Rollover 1,150 1 471 Utilities/Purchase Order Rollover 164,536 1 471 Utilities/Project Rollovers 958,193 4 36,774,615 26 Fund Item Description Budget Amendment Donations/Contributions 504 Florida Blue Wellness Program 50,000 7 50,000 Unbudgeted Items 001 Computer Network Upgrade 214,736 6 001 Childrens Services e-Cimpact Software 1,500 7 001 County Administrator/Int Gov/Public Information Coord poisition 98,679 9 001 General Fund/County Attorney/Legal Services/All Aboard FL 1,000,000 2 001 Enterpise Wide Backup 25,844 11 004 Computer Network Upgrade 32,159 6 004 NexusWorx-Fiber documentation System -Phase 2 292,538 10 004 Enterpise Wide Backup 3,582 11 103 Computer Network Upgrade 1,037 6 103 Enterpise Wide Backup 128 11 108 Computer Network Upgrade 6,224 6 108 Enterpise Wide Backup 640 11 109 Computer Network Upgrade 7,262 6 109 Enterpise Wide Backup 896 11 109 Fund Petition Paving Assesments 157,881 12 111 Computer Network Upgrade 66,392 6 111 Road & Bridge/Equipment 332,232 7&8 111 Enterpise Wide Backup 8,188 11 111 Fund Petition Paving Assesments 157,881 12 112 Sheriff request to use funds 72,725 12 114 Computer Network Upgrade 135,896 6 114 Enterpise Wide Backup 15,992 11 117 FL Highway Grant Match 291,592 7 119 Major League Amended Verotown Lease 1,300,000 6 119 Purchase Dodgertown Golf Course 250,000 8 120 Computer Network Upgrade 10,374 6 120 Enterpise Wide Backup 1,279 11 121 IRC Problem Solving Courts 25,000 6 123 Computer Network Upgrade 3,112 6 123 Enterpise Wide Backup 384 11 124 Computer Network Upgrade 2,075 6 124 Enterpise Wide Backup 256 11 128 Computer Network Upgrade 4,149 6 128 Beach Sectors Semi-annual monitoring 51,150 6 128 Emergency Beach Acess at Round Island 37,250 3 128 Enterpise Wide Backup 512 11 133 Demolition and Disposal of Wabasso Fishing Pier 944,824 10 204 Partial Payoff of Series 2001 Spring Training Bonds 1,125,000 5 245 Property Appraiser budget reallocation 4,425 12 308 Major League Baseball 1,600,000 2 315 Major League Amended Verotown Lease 300,000 3 315 Purchase Flight Safety & Dodger Road parcels 105,000 3 315 Purchase Dodgertown Golf Course 2,200,000 8 315 Purchase Closed Caption Equipment 107,070 3 315 Water & Sewer Construction/SR 60& 43rd Avenue 1,869,852 10 411 Indian River Shores Recycling Carts/Service 184,094 3 411 Computer Network Upgrade 10,374 6 411 Cell Phone Allowance 600 7 411 Employye Health Insurance 10,500 8 411 Pension Expense 30,000 8 411 Enterpise Wide Backup 1,279 11 418 Computer Network Upgrade 8,299 6 418 Pension Expense 26,000 8 418 Enterpise Wide Backup 1,023 11 441 Computer Network Upgrade 36,308 6 441 Pension Expense 110,000 8 27 Fund Item Description Budget Amendment 441 Enterpise Wide Backup 4,478 11 441 Fund Private Providers/new position 270,028 12 471 Computer Network Upgrade 113,073 6 471 Electric costs higher due to delay in COVB sale to FP&L 5,991 3 471 Utility Amnesty Program 2,329,075 8 471 Utility/Data Flow Tack Pack 412,500 6 471 Pension Expense 400,000 8 471 Enterpise Wide Backup 13,433 11 501 Computer Network Upgrade 7,262 6 501 Pension Expense 20,000 8 501 Enterpise Wide Backup 768 11 502 Computer Network Upgrade 2,075 6 502 Pension Expense 7,000 8 502 Enterpise Wide Backup 256 11 504 Pension Expense 7,000 8 I 504 Computer Network Upgrade 1,037 6 504 Health Insurance Claims 600,000 8 504 Employee Health Pharrmacy Rebates 1,400,000 8 504 Enterpise Wide Backup 128 11 505 Pension Expense 45,000 8 Total - All Amendments 18,923,297 63,665,241 Total Budget as of June 30, 2019 $ 403,544,109 28 • 7k INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 6, 2019 SUBJECT: Distinguished Budget Presentation Award Fiscal Year 2018/2019 FROM: Kristin Daniels Director, Management & Budget Following is notification received from the Government Finance Officers Association (GFOA) awarding Indian River County, Florida, the Distinguished Budget Presentation Award for the current fiscal year 2018/2019. A Certificate of Recognition has also been presented to the Office of Management & Budget as the department designated as being primarily responsible for having achieved the award. This is the twenty-eighth consecutive year that the Office of Management & Budget has received this award. 29 Government Finance Officers Association 203 North LaSalle. Street, Suite 2700 Chicago, Illinois 60601-1210 31 2.977.9700 ,fax: 312.977.4806 July 17, 2019 Kristin Daniels Budget Director Indian River County 1801 27th Street, Bldg A Vero Beach, FL 32960-3388 Dear Ms. Daniels: We are pleased to inform you, based on the examination of your budget document by a panel of independent reviewers, that your budget document has been awarded the Distinguished Budget Presentation Award from Government Finance Officers Association (GFOA) for the current fiscal period. This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant achievement by your organization. The Distinguished Budget Presentation Award is valid for one year. To continue your participation in the program, it will be necessary to submit your next annual budget document to GFOA within 90 days of the proposed budget's submission to the legislature or within 90 days of the budget's final adoption. A Distinguished Budget Program application is posted on GFOA's website. This application must be completed and accompany your next submission. (See numbers 12 and 13 on page 2 of the application for fee information and submission instructions.) Each program participant is provided with confidential comments and suggestions for possible improvements to the budget document. Your comments are enclosed. We urge you to carefully consider the suggestions offered by our reviewers as you prepare your next budget. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for its having achieved the award. Enclosed is a Certificate of Recognition for Budget Preparation for: Office of Management & Budget Continuing participants will find a brass medallion enclosed with these results. First-time recipients will receive an award plaque that will be mailed separately and should arrive within eight to ten weeks. Also enclosed is a camera-ready reproduction of the award for inclusion in your next budget. If you reproduce the camera-ready image in your next budget, it should be accompanied by a statement indicating continued compliance with program criteria. The following standardized text should be used: Washington, DC Office Federal Liaison Center, 660 North Capitol Street, NW, Suite 410 ° Washington, DC 20001 • 202.393.8020 fax: 202.393.0780 www.gfoa•org 30 Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fax: 312.977.4806 Kristin Daniels July 17, 2019 Page 2 Government Finance Officers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to Indian River County, Florida, for its Annual Budget for the fiscal year beginning October 1, 2018. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as a financial plan, as an operations guide, and as a communications device. This award is valid for a period of one year only. We believe our current budget continues to conform to program requirements, and we are submitting it to GFOA to determine its eligibility for another award. A press release is enclosed. Upon request, GFOA can provide a video from its Executive Director congratulating your specific entity for winning the Budget Award. We appreciate your participation in this program, and we sincerely hope that your example will encourage others in their efforts to achieve and maintain excellence in governmental budgeting. The most current list of award recipients can be found on GFOA's website at www.gfoa.org. If we can be of further assistance, please contact the Technical Services Center at (312) 977-9700. Sincerely, Michele Mark Levine Technical Services Center Enclosure Washington, DC Office Federal Liaison Center, 660 North Capitol Street, NW, Suite 410 • Washington, DC 20001 • 202.393.8020 fax: 202.393.0780 www. gfoa. org 31 of the United States and Canada #� .."Zr \ k E \ L. [ L. o%$ Executive Director July 17, 2019 k Q Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fax: 312.977.4806 FOR IMMEDIATE RELEASE July 17, 2019. For more information, contact: Technical Services Center Phone: (312) 977-9700 Fax: (312) 977-4806 E-mail: budgetawards@gfoa.org (Chicago, Illinois)—Government Finance Officers Association is pleased to announce that Indian River County, Florida, has received GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the goveming body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: • a policy document • a financial plan • an operations guide • a communications device Budget documents must be rated "proficient" in all four categories, and in the fourteen mandatory criteria within those categories, to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for having achieved the award. This has been presented to Office of Management & Budget. There are over 1,600 participants in the Budget Awards Program. The most recent Budget Award recipients, along with their corresponding budget documents, are posted quarterly on GFOA's website. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. Government Finance Officers Association is a major professional association servicing the needs of more than 19,000 appointed and elected local, state, and provincial -level government officials and other finance practitioners. It provides top quality publications, training programs, services, and products designed to enhance the skills and performance of those responsible for government finance policy and management. The association is headquartered in Chicago, Illinois, with offices in Washington D.C. Washington,:DC Office Federal Liaison Center, 660 North Capitol Street, NW, Suite 410 •: Washington, DC 20001 • 202.393.8020 'ax: 20.393.0780 www.gfoa.org 71. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: August 1, 2019 Subject: Department of Economic Opportunity (DEO) Florida Job Growth Public Infrastructure Grant 2019 From: Phil Matson, MPO Staff Director At the request of the Indian River County Chamber of Commerce, staff has submitted an application for reconstruction of 98th Avenue to collector/arterial standards to accommodate anticipated future heavy-duty truck traffic for existing and future industrial tenants. If approved by the Florida Department of Economic Opportunity, Indian. River County Public Works will construct the improvements in a 6-9 month timeframe. The County is requesting a total of $750,000 from the Florida Job Growth grant program. There is no cash match required for the application. Staff will provide in-kind design and construction management services. The application is included as back-up. Recommendation: This is an informational item only. No action is needed. Attachment: Grant Budget Form DEO FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY /AI ENTERPRISE ►I FLORIDA® 2019-2020 Florida Job Growth Grant Fund Public Infrastructure Grant Proposal Proposal Instructions: The Florida Job Growth Grant Fund Proposal (this document) must be completed by the governmental entity applying for the grant and signed by either the chief elected official, the administrator for the governmental entity or their designee. Please read the proposal carefully as some questions may require a separate narrative to be completed. If additional space is needed, attach a word document with your entire answer. Governmental Entity Information Name of Governmental Entity: Indian River County Government Federal Employer Identification Number Primary Contact Name: Phil Matson, AICP Title: MPO Staff Director Mailing Address: 1801 27th Avenue Vero Beach FL 32960 Phone Number: (772)226-1455 Email: pmatson@ircgov.com Secondary Contact Name: Richard Szpyrka, PE Title: Public Works Director Phone Number: (772)226-1234 Public Infrastructure Grant Eligibility Pursuant to section 288.101, F.S., the Florida Job Growth Grant Fund was created to promote economic opportunity by improving public infrastructure and enhancing workforce training. Eligible entities that wish to access this grant fund must submit public infrastructure proposals that:. • Promote economic recovery in specific regions of the state, economic diversification or economic enhancement in a targeted industry (View Florida's Targeted Industries here). • Are not for the exclusive benefit of any single company, corporation or business entity. • Are for infrastructure that is owned by the public and is for public use or predominately benefits the public. 35 III 2019 2020 FLORIDA JOB GROWTH GRANT FUND 1. Program Requirements: (If additional space is needed, attach a word document with your entire answer.) Each proposal must include the following information describing how the project satisfies eligibility requirements listed on page 1. A. Provide a detailed description of the public infrastructure improvements. Capacity and access improvements to 2,600 ft. of road to accommodate expansion by existing & pros- pective employers. Improvements include construction/reconstruction to collector/arterial standards. B. Provide location of public infrastructure, including physical address and county of project. 98th Avenue from SR -60 to 1,200' south of 18th Street in Indian River County. C. Is this infrastructure currently owned by the public? Yes allo If no, is there a current option to purchase or right of way provided to the County? D. Provide current property owner. Indian River County E. Is this infrastructure for public use or does it predominately benefit the public? 2 Yes No The project is on 98th Avenue, a public road, and will benefit the public by providing infrastructure needed for access and to attract businesses and support local economic development efforts. Will the public infrastructure improvements be for the exclusive benefit of any single company, corporation or business entity? 4 Yes No Although not an improvement that benefits a single employer, the proposed infrastructure improvement is necessary to accommodate the types of industry, existing and future, that have expressed an interest in expanding in Indian River County. The project is consistent with multiple goals of the Florida Transportation Plan, especially "Providing transportation infrastructure to Support Job Growth." The project's strategic location at the intersection of 1-95 and. SR 60 will benefit Florida by maximizing the state's investment in those critical state economic corridors. 36 PUBLIC INFRASTRUCTURE GRANT PROPOSAL G. Provide a detailed description of, and quantitative evidence demonstrating, how the proposed public infrastructure project will promote: • Economic recovery in specific regions of the state; • Economic diversification; or • Economic enhancement of a Targeted Industry (View Florida's Targeted Industries here). o Describe how the project will promote specific job growth. Include the number of jobs that will be retained or created, and in which industry(ies) the new net jobs will be created using the North American Industry Classification System (NAICS) codes. Where applicable, you may list specific businesses that will retain or create jobs or make capital investment. o Provide a detailed explanation of how the public infrastructure improvements will connect to a broader economic development vision for the community and benefit additional current or future businesses. See Attachment 1. 2. Additional Information: (If additional space is needed, attach a word document with your entire answer.) A. Provide the proposed commencement date and number of days required to complete construction of the public infrastructure project. Construction of the project can begin within 6 months of receiving funding. It is anticipated that it will require 9 months to construct the required capacity and access improvements. B. What permits are necessary for the public infrastructure project? Since the project is a reconstruction and improvement to an existing facility, we anticipate permit exemptions will be issued for the project. 37 2019 2020 FLORIDA JOB GROWTH GRANT FUND C. Detail whether required permits have been secured, and if not, detail the timeline for securing these permits. Additionally, if any required permits are local permits, will these permits be prioritized? State permit exemptions will be applied for during the design phase of the project. D. What is the future land use and zoning designation on the proposed site of the infrastructure improvements, and will the improvements conform to those uses? The Future Land Use is Commercial/Industrial (C/I), and the zoning is Light Industrial and General Commercial. The proposed infrastructure is needed to attract and retain conforming businesses. E Will an amendment to the local comprehensive plan or a development order be required on the site of the proposed project or on adjacent property to accommodate the infrastructure and potential current or future job creation opportunities? If yes, please detail the timeline. a Yes " No F. Is the project ready to commence upon grant fund approval and contract execution? If no, please explain. 0 Yes No G. Does this project have a local match amount? 0 Yes a No If yes, please describe the entity providing the match and the amount. The County will match the grant in-kind with labor, design and inspection services. H. Provide any additional information or attachments to be considered for this proposal. Maps and other supporting documents are encouraged. 4 The project will support and encourage exactly the kind of development, in precisely the correct location, that will enhance Florida's competitiveness while providing employment in an area of critical economic concern (see location map, Attachment 2). The project enjoys widespread support by the Indian River County Board of County Commissioners, Indian River Chamber of Commerce, as well as local business and community leaders. Finally, the project is consistent with State and Local Comprehensive, Transportation, and Economic Development plans. 38 PUBLIC INFRASTRUCTURE GRANT PROPOSAL 3. Program Budget (If additional space is needed, attach a word document with your entire answer.) Estimated Costs and Sources of Funding: Include all applicable public infrastructure costs and other funding sources available to support the proposal. 1.) Total Amount Requested Florida Job Growth Grant Fund $ 750,000 A. Other Workforce Training Project Funding Sources: City/County $ 100,000 Private Sources $ Other (grants, etc.) $ Please Specify: In -Kind Total Other Funding $ 100,000 B. Public Infrastructure Project Funding Sources: Construction $ 250,000 Reconstruction $ 500,000 Design & Engineering $ 100,000 Land Acquisition $ Land Improvement $ Other $ Please Specify: Total Project Costs $ 850,000 Note: The total amount requested must equal the difference between the workforce training project costs in 3. and the other Public infrastructure project funding sources in 2.. 39 2019 2020 FLORIDA JOB GROWTH GRANT FUND C. Provide a detailed budget narrative, including the timing and steps necessary to obtain the funding and any other pertinent budget -related information. Once grant funding is obtained, the County will commence design and permitting which is expected to take 5 months to complete. The County will be using in-kind County services to supplement the design, permitting, and construction process. Once designed and permitted, the County anticipates 6 months to complete construction. 4. Approvals and Authority (If additional space is needed, attach a word document with your entire answer.) A. If the governmental entity is awarded grant funds based on this'proposal, what approvals must be obtained before it can execute a grant agreement with the Florida Department of Economic Opportunity (e.g., approval of a board, commission or council)? The grant funding agreement will be approved by the Board of County Commissioners, the sponsors of this application. This can be done at any regular weekly meeting. If board authorization is not required, who is authorized to sign? B. If approval of a board, commission, council or other group is needed prior to execution of an agreement between the governmental entity and the Florida Department of Economic Opportunity: i. Provide the schedule of upcoming meetings for the group for a period of at least six months. ii. State whether entity is willing and able to hold special meetings, and if so, upon how many days' notice. i. The Board of County Commissioners meets three times per month on Tuesday mornings throughout the year. ii. The Board of County Commissioners is willing to hold a special call meeting with a week's notice. C. Attach evidence that the undersigned has all necessary authority to execute this proposal on behalf of the governmental entity. This evidence may take a variety of forms, including but not limited to: a delegation of authority, citation to relevant laws or codes, policy documents, etc. The County Administrator has authority to execute proposals and apply for grant funds on behalf of the Board of County Commissioners of Indian River County. 40 PUBLIC INFRASTRUCTURE GRANT PROPOSAL I, the undersigned, do hereby certify that I have express authority to sign this proposal on behalf of the above-described entity and to the best of my knowledge, that all data and information submitted in proposal is truthful and accurate and no material fact has been omitted. Name of Governmental Entity: Name and Title of Authorized Representative: Representative Signature: Signature Date: 41 PUBLIC INFRASTRUCTURE GRANT PROPOSAL — INDIAN RIVER COUNTY G. Provide a detailed description of, and quantitative evidence demonstrating, how the proposed public infrastructure project will promote: • Economic recovery in specific regions of the state; • Economic diversification; or • Economic enhancement of a Targeted Industry o Describe how the project will promote specific job growth. Include the number of jobs that will be retained or created, and in which industry(ies) the new net jobs will be created using the NAICS codes. Where applicable, you may list specific businesses that will retain or create jobs or make capital investment. Existing Business/Job Retention Currently, there are four manufacturers located on 98th Ave., with a total employment base of 171 workers or 14% of our local manufacturing employment of 1,214 (not including Piper Aircraft's 1,000 employees). Most of these employers are in hiring mode. WORK- NAICS COMPANY NAME FORCE CODE PRODUCT DESCRIPTION Float -On Boat Trailers 20 336214 aluminum boat trailers; locally owned M.A. Ford 50 333515 carbide cutting tools (drill bits); headquartered in Iowa Nylacarb Corp. 40 326100 plastic injection molding; locally owned Parker Hannifin 61 326220 industrial hoses; headquartered in Ohio New Business/Job Creation • On 98th Ave., south of the existing cluster of manufacturers, Florida Power & Light is planning a new Service Center. The project will include: 25,436- sf of office space, a 10,232-sf fleet services garage, 8,584-sf of warehouse space, a 1,100-sf storm shelter, and a 6,000 gallon AST fuel system. • There are three prospective companies considering locations within the Vero Beach Business Park, totaling 185 workers: o Pre -cast concrete wall manufacturing — 150 new jobs, $16 -million capital investment o Housing infrastructure assembly operations —10 new jobs anticipated o Expansion of a local manufacturing operation — 10 new jobs added to the company's existing workforce of 15 42 Reconstruction of 98th Avenue, south of State Road 60, will bring the road up to industrial standards. This will improve transportation of raw material delivery and the shipping of finished products for the existing manufacturers on 98th Ave., while providing an enhanced travel route for the existing workforce. The improvements will also provide a safer entrance into the Vero Beach Business Park for west -bound vehicles on SR60, including employees, vendors, and the empty trucks returning to their home base. The Business Park is located directly west of 98th Ave., on the south side of SR60, with secondary access from 98th Ave. via 18th Street, an east -west roadway. SR60 is a 4 -lane divided road with no break for left turns into the Park's main entrance on SR60 for vehicles travelling west. There is an existing traffic signal at the intersection of 98th Ave. and SR60, providing a much safer entry to the Business Park for commercial use and for future employees. \Exit 147 Proposed FPL=. acihity.r• Goo • ,. aItrwaery Das:.4/23/2012 -2 38'16.23"-14 StP3136.99' W elev 24 ft eve'a1c 3;47.ti ft 43 o Provide a detailed explanation of how the public infrastructure improvements will connect to a broader economic development vision of the community and benefit additional current or future businesses. Funds from the FL Jobs Growth Grant Fund will benefit Indian River County and the Treasure Coast region by providing the necessary road improvements for the Vero Beach Business Park, located on the south side of State Road 60, 1/2 mile west of 1-95. This will open the Park for further development by employers within the manufacturing and wholesale/distribution industry sectors, both of which are included in the state's targeted industries list. The Business Park's location, in close proximity to 1-95, provides easy access for future employees throughout the region as well as shipments of raw materials and finished product for prospective employers. In December 2017, President Trump signed The Federal Tax Cuts and Jobs Act, designed to encourage investment and economic growth in certain low- income communities. In Indian River County, all properties located west of I- 95, including the Vero Beach Business Park, are designated as "qualified opportunity zones". This designation offers federal income tax incentives to a taxpayer who invests in a business located within these zones. The pre -cast concrete manufacturing firm, with its anticipated employment of 150 new jobs, is pursuing investment funds via the Opportunity Zone initiative, soley seeking out properties with this designation. In 2016, Indian River County was included in Governor Scott's 12 -County Initiative, "Opportunities for Improved Economic Outcomes". The designation was based on high unemployment, wages lower than the state average, and minimal labor force growth. Though the county has seen vast economic improvements since the recession, our unemployment rate of 4.2% is much higher than Florida's rate of 3.5%. With our local economy currently and historically dependent on tourism and agriculture (citrus), economic diversification is the key to better livelihoods for area residents. 44 w w O 1- 2 Z UM wO W U 0 GRANT NAME: Florida Job Growth Grant Fund GRANT #: NA AMOUNT OF GRANT: $750,000 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: Phil Matson PHONE #: (772) 226-1455 1. How long is the grant for? One Year Starting Date: July 1, 2019 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? X Yes No If yes, does the grant allow the match to be In Kind Services? X Yes No 4. Percentage of grant to match: Varies 5. Grant match amount required: $100,000 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Local match consists of $100,000 In -Kind from Indian River County 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) $0 (Capital portion also being applied for) 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 $850,000 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching TOTAL What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $100,000 46 Grant Amount Other Matching Costs Match Total First Year $750,000 $ $100,000 In -Kind $850,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 46 7 August 13, 2019 INFORMATIONAL ITEMS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: August 2, 2019 Subject: Letter of Thanks from Laura (Riding) Jackson Foundation Board From: Bob Solari, Chairman, Commissioner District 5 A letter was received by the Laura (Riding) Jackson Foundation Board, thanking the County for use of County land for past 25 years. The letter is included as back-up. 47 ^n 7E13 is\ ',gree- 1/.- ,4 , clKla�z r 0 U N P. AT 1f O N July 30, 2019 Mr. Bob Solari, County Commission Chair Indian River County Board of Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Commissioner Solari, For the last 25 years, the Laura (Riding) Jackson Foundation has been very fortunate to have had use of county land on the campus of the 64=acre. Environmental Learning Center (ELC) on Wabasso Island. We moved and have maintained and preserved the residence of noted writer, Laura (Riding) Jackson, who lived in Wabasso from 1943 until her death in 1991. After her death, the Foundation moved the circa 1910s structure to the ELC campus. It has been both a literary landmark and structure that shows how people lived in the county's pioneering times. Today's visitor appreciates seeing how much our use of the environment has changed. After being notified by the ELC Board that our lease was cancelled, we have been doing extensive fundraising to move the house again. We are fortunate to have been offered a new location: a site at Indian River. Community College's Mueller Campus: We look forward to the partnership with IRSC and the continued preservation of this historic author residence museum for the useof our citizens and visitors. We didn't want to depart without expressing our deep gratitude tothe county for keeping a large part of Wabasso Island available for public use. It is our hope that the county will continue to cherish that land and ensure that it is kept for public benefit and multiple non-profit uses. Thank you, again, and please feel free tocontact me if you have any questions. Respectfully, ` 162A.<'.e_.. Marie Stiefel, President Laura (Riding) Jackson Foundation Board P.O. Box 643786 I Vero Beach, Florida 32964 I P: 772.569.6718 1 LauranidingJackson.org a Indian River County; Florida Solid Waste Disposal District Board Memorandum Date: August 2, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Landfill Closure and Collection Service Changes for the Labor Day Holiday 7A/ In observance of Labor Day, the Main County Landfill and the five Customer Convenience Centers will be closed on Monday, September 2, 2019. In addition, there will be no residential curbside services for recycling, garbage or yard waste on that day. The chart below provides information regarding collection services in unincorporated county and the municipalities. Residents may visit the Solid Waste Disposal District website at ircrecycles.com for more information. Location Garbage and Yard Waste Services Recycling Services Unincorporated IRC City of Fellsmere Garbage and Yard Waste Services will be shifted by one day. Mon. customers will be serviced on Tue. Sep. 3. Fri. customers will be serviced on Sat. Sep. 7. If you have questions regarding your service schedule, please call Waste Management at 569-1776. Recycling services will be shifted by one day. Mon. customers will be serviced on Tue. Sep. 3. Fri. customers will be serviced on Sat. Sep. 7. If you have questions regarding your service schedule, please Cell Waste Management at 569-1776. City of Sebastian Garbage services for Mon. customers will be serviced on Wed. Sep. 4 Yard waste services for Mon. customers will be serviced on Mon. Sep. 9. If you have questions regarding your service schedule, please call Waste Management at 569-1776. City of Vero Beach Garbage services for Mon. customers will be serviced on Thur. Sep.5. No changes to yard waste services. If you have questions regarding your service schedule, please call the City of Vero Beach at 978-5300. Town of Orchid No changes No changes Indian River Shores Garbage services for Mon. customers will be serviced on Thur. Sep.5. No changes to yard waste services. If you have questions regarding your service schedule, please call Republic Services at 562-6620. No changes If you have questions, please call Republic Services at 562-6620. 49 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 11, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 5, 2019 to July 11, 2019 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of July 5, 2019 to July 11, 2019. 50 TRANS NBR 384032 384033 384034 384035 384036 384037 384038 384039 384040 384041 384042 384043 384044 384045 384046 384047 384048 384049 384050 384051 384052 384053 384054 384055 384056 384057 384058 384059 384060 384061 384062 384063 384064 384065 384066 384067 384068 384069 384070 384071 384072 384073 384074 384075 384076 384077 384078 384079 384080 384081 384082 384083 384084 384085 384086 384087 384088 384089 DATE 07/09/2019 07/10/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 CHECKS WRITTEN VENDOR TREASURE COAST HOMELESS SERVICES CORNELIA H LAHEY UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 3,246.00 2,721.00 30.18 33.92 53.51 86.35 236.44 58.40 16.02 71.92 93.12 30.95 13.46 63.02 76.56 60.54 85.48 55.92 41.01 38.77 85.59 162.49 40.16 38.44 15.98 39.06 45.05 381.58 36.49 25.68 18.39 34.61 70.44 83.65 74.86 86.50 80.00 89.76 95.97 80.50 45.04 65.17 75.29 42.89 118.83 74.84 38.45 59.18 5.23 17.72 43.82 93.12 40.44 63.57 85.69 14.22 356.30 70.65 1 51 TRANS NBR 384090 384091 384092 384093 384094 384095 384096 384097 384098 384099 384100 384101 384102 384103 384104 384105 384106 384107 384108 384109 384110 384111 384112 384113 384114 384115 384116 384117 384118 384119 384120 384121 384122 384123 384124 384125 384126 384127 384128 384129 384130 384131 384132 384133 384134 384135 384136 384137 384138 384139 384140 384141 384142 384143 384144 384145 384146 384147 384148 384149 DATE 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS COMMUNICATIONS INTERNATIONAL TEN -8 FIRE EQUIPMENT INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC RICOH USA INC 'KIMLEY HORN & ASSOC INC HENRY SCHEIN INC DATA FLOW SYSTEMS INC GRAINGER KELLY TRACTOR CO SAFETY KLEEN SYSTEMS INC HACH CO LFI FORT PIERCE INC SWE INC NATIONAL FIRE PROTECTION ASSOC SCHULKE BITTLE & STODDARD LLC PETES CONCRETE VERO INDUSTRIAL SUPPLY INC EXPRESS REEL GRINDING INC TIRESOLES OF BROWARD INC BARTH CONSTRUCTION INC CITY ELECTRIC SUPPLY CARTER ASSOCIATES INC CHILDCARE RESOURCES OF IRC INC DELL MARKETING LP BLAKESLEE SERVICES INC BAKER & TAYLOR INC AMOUNT 36.05 36.03 108.19 127.73 28.77 30.92 82.80 33.18 9.48 79.74 2.85 79.35 31.20 31.37 41.86 44.74 17.42 70.00 79.14 47.11 37.07 86.83 40.39 72.06 73.10 1.70 80.76 73.02 85.82 8.68 36.74 220.54 75.07 396.00 2,438.46 917.30 209.24 165.37 2,403.94 3,569.88 745.25 93.96 7,022.36 488.89 678.69 789.20 325.00 175.00 450.00 1,850.00 414.84 2,100.00 7,700.69 2,160.00 148.61 1,540.00 25,479.22 2,975.38 645.00 3,233.20 2 52 TRANS NBR 384150 384151 384152 384153 384154 384155 384156 384157 384158 384159 384160 384161 384162 384163 384164 384165 384166 384167 384168 384169 384170 384171 384172 384173 384174 384175 384176 384177 384178 384179 384180 384181 384182 384183 384184 384185 384186 384187 384188 384189 384190 384191 384192 384193 384194 384195 384196 384197 384198 384199 384200 384201 384202 384203 384204 384205 384206 384207 384208 384209 DATE 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019, 07/11/2019 07/11/2019 07/11/2019 VENDOR AMOUNT MIDWEST TAPE LLC 1,542.40 BAKER DISTRIBUTING CO LLC 559.45, CENGAGE LEARNING INC 539.71 PALM TRUCK CENTERS INC 95.43 JIMMYS AIR & REFRIGERATION INC 127.00 BOYS & GIRLS CLUB OF INDIAN 7,500.00 ROGER J NICOSIA 240.00 FLORIDA DEPARTMENT OF BUSINESS AND 16,359.32 INDIAN RIVER COUNTY SHERIFF 30.00 FLORIDA GOVERNMENT FINANCE 200.00 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 27.45 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 633.10 JANITORIAL DEPOT OF AMERICA INC 535.21 FLORIDA FISH & WILDLIFE 5,149.76 PUBLIX SUPERMARKETS 43.06 ACUSHNET COMPANY 465.41 GEOSYNTEC CONSULTANTS INC 18,973.75 FEDERAL EXPRESS CORP 62.73 FEDERAL EXPRESS CORP 129.01 CITY OF SEBASTIAN 25,111.14 RED VALVE COMPANY INC 1,330.36 CALLAWAY GOLF SALES COMPANY 431.93 FLORIDA POWER AND LIGHT 102,520.66 FLORIDA POWER AND LIGHT 500.00 MELECH BERMAN 350.00 IRC HOUSING AUTHORITY 300.00 KENNETH CAMPBELL SENIOR 40.00 US KIDS GOLF LLC 65.33 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 1,500.00 TREASURE COAST SPORTS COMMISSION INC 4,089.24 THE ROOF AUTHORITY 4,750.00 BE SAFE SECURITY ALARMS INC 125.00 ESRI INC 7,150.00 ALAN C KAUFFMANN 220.00 ARNOLD AIR CONDITONING INC 372.00 CHILDRENS HOME SOCIETY OF FL 5,352.62 FLORIDA DEPT OF FINANCIAL SERVICES 11,860.36 KEEP INDIAN RIVER BEAUTIFUL INC 4,998.51 NORTHERN TOOL & EQUIPMENT CO 1,889.97 SCOTT SEELEY 53.00 NATIONAL ASSOC OF ENVIRONMENTAL 230.00 INDIAN RIVER COUNTY HOUSING AUTHORITY 328.00 BRIDGESTONE AMERICAS INC 1,933.48 SHRIEVE CHEMICAL CO 4,148.94 ARCADIS U S INC 7,209.15 US DEPT OF THE TREASURY -FMS 6,952.51 THE AVANTI COMPANY INC 1,931.11 BRENNAN & KRETSCHMER 2,100.00 TRANE US INC 2,561.22 CELICO PARTNERSHIP 1,556.50 ANN RANKIN 250.62 ANIXTER INC 650.00 VAN WAL INC 360.00 BIG BROTHERS AND BIG SISTERS 8,551.77 FLORIDA RURAL LEGAL SERVICES INC 2,237.27 THE SHERWIN WILLIAMS CO 207.84 SOUTHERN JANITOR SUPPLY INC 2,268.59 J C RENTALS & INVESTMENTS INC 400.00 JOHNS EASTERN COMPANY INC 53,045.00 MBV ENGINEERING INC 3,515.00 3 53 TRANS NBR 384210 384211 384212 384213 384214 384215 384216 384217 384218 384219 384220 384221 384222 384223 384224 384225 384226 384227 384228 384229 384230 384231 384232 384233 384234 384235 384236 384237 384238 384239 384240 384241 384242 384243 384244 384245 384246 384247 384248 384249 384250 384251 384252 384253 384254 384255 384256 384257 384258 384259 384260 384261 384262 384263 384264 384265 384266 384267 384268 384269 DATE 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 VENDOR MASTELLER & MOLER INC STAPLES CONTRACT & COMMERCIAL INC GLOVER OIL COMPANY INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT AMERICAN WATER WORKS ASSOCIATION 1ST FIRE & SECURITY INC KELLY J TURNER JR NORTH CAROLINA CHILD SUPPORT PETER OBRYAN EARLY LEARNING COALITION OF INDIAN RIVER SUMMERLINS MARINE CONST LLC GLOBALSTAR USA REDLANDS CHRISTIAN MIGRANT ASSOC GUARDIAN COMMUNITY RESOURCE MANAGEMENT CHERYL SCRANTON LESLIE SWAN EQ THE ENVIRONMENTAL QUALITY COMPANY HOWARD WOODROW & ASSOCIATES INC CWS COMMUNITIES LP ECMC MURPHY & WALKER P L FLORIDA COAST EQUIPMENT INC KEITH GROCHOLL HEATHER HATTON JOSHUA HARVEY GHIZ JENKINS TRUCKING INC THOMAS C QUINA LOWES HOME CENTERS INC CARDINAL HEALTH 110 INC KYLE ANDERSON LEARNING ALLIANCE FAMILY SUPPORT REGISTRY MONA MOSHKI FEDERICI THE LAW OFFICES OF BERNARD EGAN & COMPANY FOUNDATION FOR AFFORDABLE RENTAL SYLIVIA MILLER HAWKINS INC FLORITURF SOD INC ANDERSEN ANDRE CONSULTING ENGINEERS INC SCRIPPS NP OPERATING LLC CATHEDRAL CORPORATION UNIFIRST CORPORATION JOHNSON-DAVIS INCORPORATED CDA SOLUTIONS INC SCHUMACHER AUTOMOTIVE DELRAY LLC HYDROMAX USA LLC ADVANCE STORES COMPANY INCORPORATED NORTH AMERICAN OFFICE SOLUTIONS INC EZLINKS GOLF LLC AC VETERINARY SPECIALTY SERVICES ALL WEBBS ENTERPRISES INC COVERALL NORTH AMERICA INC MATHESON TRI -GAS INC PEOPLE READY INC WILLIS SPORTS ASSOCIATION INC COLE AUTO SUPPLY INC NORTH CAROLINA DEPARTMENT OF REVENUE AMOUNT 6,314.00 380.25 35,448.18 299.36 303.42 169.30 238.00 204.00 60.00 105.69 15.31 8,771.97 9,732.50 188.87 4,999.15 6,250.00 2,140.00 161.73 13,989.23 200.00 500.00 295.62 13,868.00 86,284.45 40.00 20.00 8,247.67 462.08 450.00 5,527.62 1,676.14 225.00 47,948.31 9.66 230.00 481.00 35,897.05 450.00 158.00 2,968.15 87.00 6,786.50 378.87 506.59 707.32 348,403.47 5,266.73 180.52 46,733.50 379.96 50.00 300.00 827.60 85,695.21 2,015.00 4,057.95 2,469.12 2,156.78 2,954.90 86.67 4 54 TRANS NBR 384270 384271 384272 384273 384274 384275 384276 384277 384278 384279 384280 384281 384282 384283 384284 384285 384286 384287 384288 384289 384290 384291 384292 384293 384294 384295 384296 384297 384298 384299 384300 384301 384302 384303 384304 384305 384306 384307 384308 384309 384310 384311 384312 384313 384314 384315 384316 384317 384318 384319 384320 384321 384322 384323 384324 384325 384326 384327 384328 384329 DATE 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 VENDOR BETH NOLAN DAY DREAMS UNIFORMS INC THOMAS R PILIERO CORE & MAIN LP JOE PAYNE INC WOERNER AGRIBUSINESS LLC DJD EQUIPMENT HOLDINGS LLC ABISCOM INC BOTTOMS UP BEVERAGE OF FLORIDA LLC TYKES & TEENS INC DANE CONTRACTING INC CHANGE HEALTHCARE LLC DIRECTV GROUP INC TAYLOR ANNE HATTON THE PERMIT GROUP BOCORP INC AMERICAN JANITORIAL INC RAMONA MURPHY AMAZON CAPITAL SERVICES INC VERONIQUE ORY STURIALE PIRATE PEST CONTROL LLC COMMONWEALTH OF MASSACHUSETTS AMERIGAS PROPANE LP KANSAS PAYMENT CENTER JOHN J DRISCOLL JORDAN POWER EQUIPMENT CORP MULLINAX FORD OF VERO BEACH JUDITH A BURLEY GOLF PIPELINE INC HAMRICKS AUTOMOTIVE INC ABIGAILLE CAPOBIANCO SPECIALTY POP UP EVENTS LLC ELAINE STRAW ABDIEL REYES SAMUEL KING MULTICULTURAL RESOURCE CENTER BONNIE WEBER JUSTYNA BARCYNSKA MEGAN KENNEDY WILDWOOD ANTIQUE MALL LLC UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 51.00 166.80 25.00 48,003.26 8,721.44 146.50 7,324.39 618.57 2,053.50 7,483.20 3,788.00 44,533.59 51.99 50.00 125.00 3,050.74 30.50 1,638.32 30.00 224.00 154.00 1,457.14 219.69 60.00 1,219.63 656.93 63.00 20.30 1,460.08 60.00 200.00 59.15 450.00 140.00 3.84 14.80 80.00 80.00 200.00 2.85 42.08 29.86 46.29 23.79 264.08 32.80 66.51 74.03 63.56 91.51 93.23 183.67 40.54 39.25 3,462.69 89.99 51.09 15.92 63.12 36.75 5 55 TRANS NBR 384330 384331 384332 384333 384334 384335 384336 384337 384338 384339 384340 384341 384342 384343 384344 384345 384346 384347 384348 384349 384350 384351 384352 384353 384354 384355 Grand Total: DATE 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS FLORIDA POWER AND LIGHT FLORIDA EMERGENCY PREPAREDNESS HAMPTON INN JOSEPH E FLESCHER KRISTIN DANIELS LESLIE N MUNROE AMOUNT 60.02 64.83 85.66 86.89 85.37 72.52 34.64 57.51 272.93 35.12 44.28 71.80 37.83 83.25 85.71 92.05 326.86 8.55 684.22 32.38 2,364.76 25.00 178.00 168.80 234.58 8.40 1,358,276.65 6 56 TRANS. NBR 1015229 1015230 1015231 1015232 1015233 1015234 1015235 1015236 1015237 1015238 1015239 1015240 1015241 1015242 1015243 1015244 1015245 1015246 1015247 1015248 1015249 1015250 1015251 1015252 1015253 1015254 1015255 1015256 1015257 1015258 1015259 1015260 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 07/09/2019 07/09/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 VENDOR AT&T WASTE MANAGEMENT INC PARKS RENTAL & SALES INC ROBINSON EQUIPMENT COMPANY INC COPYCO INC COLD AIR DISTRIBUTORS WAREHOUSE SUB AQUATICS INC INDIAN RIVER BATTERY RING POWER CORPORATION DEMCO INC MIKES GARAGE & WRECKER SERVICE INC APPLE INDUSTRIAL SUPPLY CO SMITH BROTHERS CONTRACTING EQUIP MEEKS PLUMBING INC ST LUCIE BATTERY & TIRE CO ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC SOUTHERN COMPUTER WAREHOUSE INC APPLE MACHINE & SUPPLY CO TOTAL TRUCK PARTS INC COMO OIL COMPANY OF FLORIDA PRIDE ENTERPRISES COMPLETE ELECTRIC INC METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC PROTRANSMASTERS II INC L&L DISTRIBUTORS RADWELL INTERNATIONAL INC GUARDIAN ALARM OF FLORIDA LLC NEXAIR LLC EFE INC AMOUNT 1,909.05 995.85 82.00 178.08 54.90 1,009.60 22.00 763.05 3,060.71 72.73 195.00 48.09 1,195.00 1,000.80 159.65 16,448.61 209.30 3.32 48,087.22 615.84 282.50 1,326.92 981.56 210.00 80.50 745.73 702.31 221.81 399.00 1,150.00 907.38 642.05 83,760.56 1 57 TRANS NBR 6906 6907 6908 6909 6910 6911 6912 6913 6914 6915 6916 6917 6918 6919 6920 6921 6922 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 07/05/2019 07/05/2019 07/05/2019 07/08/2019 07/08/2019 07/08/2019 07/08/2019 07/08/2019 07/09/2019 07/09/2019 07/10/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 07/11/2019 VENDOR MUTUAL OF OMAHA CLERK OF CIRCUIT COURT THALLE CONSTRUCTION CO INC VEROTOWN LLC C E R SIGNATURE CLEANING CLERK OF CIRCUIT COURT TOWN OF INDIAN RIVER SHORES. VEROTOWN LLC RX BENEFITS INC FLORIDA DEPARTMENT OF BUSINESS AND THALLE CONSTRUCTION CO INC TOTAL ADMINISTRATIVE SERVICES CORP IRS -PAYROLL TAXES FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE AMOUNT 7,367.96 3,785.12 323,051.70 3,971.21 5,250.00 2,480.63 5,993.57 20,000.00 240,574.81 12,226.50 2,031,821.58 11,941.59 10,593.19 709.40 4,925.85 9,899.70 2,141.21 2,696,734.02 1 58 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 18, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 12, 2019 to July 18, 2019 gg In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of July 12, 2019 to July 18, 2019. 59 TRANS NBR 384356 384357 384358 384359 384360 384361 384362 384363 384364 384365 384366 384367 384368 384369 384370 384371 384372 384373 384374 384375 384376 384377 384378 384379 384380 384381 384382 384383 384384 384385 384386 384387 384388 384389 384390 384391 384392 384393 384394 384395 384396 384397 384398 384399 384400 384401 384402 384403 384404 384405 384406 384407 384408 384409 384410 384411 384412 384413 DATE 07/12/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 CHECKS WRITTEN VENDOR THE NAPLES BEACH HOTEL & GOLF CLUB UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS PORT CONSOLIDATED INC COMMUNICATIONS INTERNATIONAL COMMUNICATIONS INTERNATIONAL SSES INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC HENRY SCHEIN INC THOMAS P WHITE GRAINGER KELLY TRACTOR CO SAFETY KLEEN SYSTEMS INC GRAYBAR ELECTRIC HACH CO LFI FORT PIERCE INC AMOUNT 645.00 66.77 59.32 72.61 75.91 88.11 59.80 81.39 16.75 89.76 77.03 55.86 369.45 47.21 17.37 166.67 11.87 79.13 77.55 160.66 70.65 29.17 77.43 46.69 55.87 86.29 32.27 95.79 87.42 34.66 57.02 58.10 14.28 9.26 18.95 82.01 34.40 100.00 47.90 23.46 67.65 86.24 39.78 1,138.62 24,108.20 130.00 1,245.28 847.42 126.50 140.84 2,472.63 8.00 2,685.74 8,364.17 335.39 93.13 90.35 789.20 1 60 TRANS NBR 384414 384415 384416 384417 384418 384419 384420 384421 384422 384423 384424 384425 384426 384427 384428 384429 384430 384431 384432 384433 384434 384435 384436 384437 384438 384439 384440 384441 384442 384443 384444 384445 384446 384447 384448 384449 384450 384451 384452 384453 384454 384455 384456 384457 384458 384459 384460 384461 384462 384463 384464 384465 384466 384467 384468 384469 384470 384471 384472 384473 DATE 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 VENDOR AMOUNT CLIFF BERRY INC 80.50 FLOWSERVE US INC 10,362.03 DEEP SIX DIVE SHOP INC 14.00 ECOTECH CONSULTANTS INC 2,666.00 EXPRESS REEL GRINDING INC 7,600.00 TIRESOLES OF BROWARD INC 2,586.99 CITY ELECTRIC SUPPLY 166.04 BLAKESLEE SERVICES INC 65.00 BARNEYS PUMP INC 54,795.00 PRIZE POSSESSIONS 834.64 HARRINGTON INDUSTRIAL PLASTICS LLC 256.50 BAKER DISTRIBUTING CO LLC 56.08 CENGAGE LEARNING INC 460.33 COMMUNITY ASPHALT CORP 2,734.35 RIVER PARK ASSOCIATES LIMITED 153.00 CREATIVE CHOICE HOMES XVI LTD 750.00 CLERK OF CIRCUIT COURT 77.54 CLERK OF CIRCUIT COURT 2,124.00 INDIAN RIVER COUNTY HEALTH DEPT 19,481.39 CITY OF VERO BEACH 4,066.77 UNITED PARCEL SERVICE INC 17.03 FLORIDA GOVERNMENT FINANCE 60.00 LIVINGSTON PAGE 120.00 PUBLIX SUPERMARKETS 152.70 WAL MART STORES EAST LP 161.39 INTERNATIONAL GOLF MAINTENANCE INC 1,980.00 FEDERAL EXPRESS CORP 18.01 MELVIN EVERETT 39,300.00 MORGAN & EKLUND INC 6,681.51 RED VALVE COMPANY INC 5,180.64 TIMOTHY ROSE CONTRACTING INC 23,226.64 FLORIDA POWER AND LIGHT 106.77 FLORIDA POWER AND LIGHT 49,743.59 INDIAN RIVER COUNTY TAX COLLECTOR 116.55 PUBLIC DEFENDER 4,368.75 CITY OF FELLSMERE 237.16 PEACE RIVER ELECTRIC COOP INC 279.31 LANGUAGE LINE SERVICES INC 69.86 TOCOMA RUBBER STAMP & MARKING SYSTEM 102.19 TROY FAIN INSURANCE INC 123.00 FLORIDA STATE GOLF ASSOCIATION 897.00 THE FLORIDA BAR 150.00 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 18.48 FORESTRY SUPPLIERS INC 31.15 PINNACLE GROVE LTD 400.00 CAROLINA SOFTWARE INC 500.00 VERO BEACH ROOFING INC 64,513.00 SHRIEVE CHEMICAL CO 7,691.76 ECONOLITE CONTROL PRODUCTS INC 728.00 ARCADIS U S INC 18,541.00 PERKINS COMPOUNDING PHARMACY 30.13 CENTURY INDUSTRIES LLC 1,145.31 RUSSELL PAYNE INC 677.03 TRANE US INC 1,088.00 CINTAS CORPORATION NO 2 80.44 MICHAEL WYATT 57.00 ELECTRONIC ACCESS SPECIALIST 844.50 SYNAGRO-WWT INC 59,335.53 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 THE CLEARING COMPANY LLC 2,249.50 2 61 TRANS NBR 384474 384475 384476 384477 384478 384479 384480 384481 384482 384483 384484 384485 384486 384487 384488 384489 384490 384491 384492 384493 384494 384495 384496 384497 384498 384499 384500 384501 384502 384503 384504 384505 384506 384507 384508 384509 384510 384511 384512 384513 384514 384515 384516 384517 384518 384519 384520 384521 384522 384523 384524 384525 384526 384527 384528 384529 384530 384531 384532 384533 DATE 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 VENDOR PARGAS FRANK BLAKE SOUTHERN JANITOR SUPPLY INC M T CAUSLEY INC OCLC ONLINE COMPUTER LIBRARY CENTER JACKS COMPLETE TREE SERVICE INC MBV ENGINEERING INC CENTRAL PUMP & SUPPLY INC STAPLES CONTRACT & COMMERCIAL INC GLOVER OIL COMPANY INC GERELCOM INC PAK MAIL JOHNNY B SMITH DANE MACDONALD CEMEX INC GUARDIAN COMMUNITY RESOURCE MANAGEMENT MADESSIA FLOWERS PERUZZI, AMANDA TREASURE COAST FOOD BANK INC KWACKS INC DAVID KIERNAN LARIAT ENTERPRISES INC HELPING ANIMALS LIVE -OVERCOME IMAGINE SCHOOLS AT SOUTH VERO COMMUNICATIONS LABORATORIES INC OVERDRIVE INC VERO BEACH PARTNERSHIP ALAN JAY CHEVROLET CADILLAC CITRIX ONLINE LLC GFA INTERNATIONAL INC DAVID RATTRAY ALTERATIONS BLESSED CLEAN SWEEP & VAC LLC REPROGRAPHIC SOLUTIONS INC LOWES HOME CENTERS INC CARDINAL HEALTH 110 INC MUNICIPAL EMERGENCY SERVICES INC BURNETT LIME CO INC ATLANTIC ROOFING II OF VERO BEACH INC W&G MAINTENANCE PENGUIN RANDOM HOUSE LLC STEWART & STEVENSON FDDA LLC DEBORAH CUEVAS FLORIDA TRAVEL VACATIONS INC CHEMTRADE CHEMICALS CORPORTATION BERNARD EGAN & COMPANY ARROW INTERNATIONAL FOUNDATION FOR AFFORDABLE RENTAL SYLIVIA MILLER THE TRANSIT GROUP INC SCRIPPS NP OPERATING LLC JENNIFER E PROPER CATHEDRAL CORPORATION UNIFIRST CORPORATION GOTTA GO GREEN ENTERPISES INC ADVANCE STORES COMPANY INCORPORATED CROSSOVER MISSION AC VETERINARY SPECIALTY SERVICES COVERALL NORTH AMERICA INC MATHESON TRI -GAS INC AMOUNT 516.25 300.00 1,842.82 30,822.00 453.03 1,900.00 3,435.00 76.60 75.57 17,568.87 13,102.73 260.44 120.00 40.00 2,147.00 5,250.00 30.00 30.00 67.50 17,894.08 36.00 302.92 15.00 12.00 963.00 5,090.49 1,000.00 21,098.00 1,080.00 9,865.80 36.00 109.00 6,206.00 9.00 2,075.58 235.65 286.90 3,197.60 83,569.30 9,490.00 107.10 2,525.00 100.00 500.00 2,861.99 4,890.36 1,665.50 1,200.00 296.00 11,665.81 375.46 140.00 1,393.56 2,209.07 109.92 3,355.72 2,531.25 180.11 215.00 3,831.75 3 62 TRANS NBR 384534 384535 384536 384537 384538 384539 384540 384541 384542 384543 384544 384545 384546 384547 384548 384549 384550 384551 384552 384553 384554 384555 384556 384557 384558 384559 384560 384561 384562 384563 384564 384565 384566 384567 384568 384569 384570 384571 384572 384573 384574 384575 384576 384577 384578 384579 384580 384581 384582 384583 384584 384585 384586 384587 384588 384589 384590 384591 384592 384593 DATE 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 VENDOR PEOPLE READY INC COLE AUTO SUPPLY INC YSI INC BETH NOLAN THOMAS R PILIERO FLORIDA BULB & BALLAST INC RELX INC ENVIRONMENTAL OPERATING SOLUTION INC CALVIN GIORDANO & ASSOCIATES INC AUTOMATED DIRECT MAIL SERVICE CENTER INC CORE & MAIN LP WOERNER AGRIBUSINESS LLC BIKE WALK INDIAN RIVER COUNTY INC RAMONA MURPHY BURRIS COMPUTER FORMS KENYATTA JOHNSON AMAZON CAPITAL SERVICES INC PREMIER LANDSCAPE SOLUTIONS OF IR LLC PIRATE PEST CONTROL LLC ALL RITE WATER PURIFICATION INC CALITEN LLC AMERIGAS PROPANE LP JORDAN POWER EQUIPMENT CORP CIT BANK NA LIBERTY TIRE RECYCLING LLC AUTOMATED METAL PRODUCTS INC MULLINAX FORD OF VERO BEACH JUDITH A BURLEY JOSEPH F BREAULT NETCENTRIC TECHNOLOGIES INC HAMMOND & HAMMOND DIANA L STILLMAN SAFEWARE INC LINDSEY GARDENS SWIM 2 GUARD LLC PALM BEACH COUNTY HOUSING AUTHORITY CIVICPLUS LLC KENNETH FASS JR SAMUEL KING STEVEN QUINLIVAN WILLIAM HERRINGTON JOSEPH KOVALESKI ORCHID ISLAND RENTALS INC MATHEW RAULERSON INC UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 19,114.08 2,198.54 13,914.17 40.00 10.00 2,388.75 400.00 8,259.06 25,743.75 1,069.00 7,470.92 413.50 1,625.00 34.50 228.20 100.00 1,020.30 3,390.00 18.00 1,664.00 33.28 5,456.48 2,356.94 372.42 1,930.06 9,556.76 138.47 128.50 50.00 45.00 381.12 25.00 3,495.00 750.00 330.00 724.36 22,417.48 60.00 120.00 57.00 36.00 36.00 300.00 225.00 73.91 46.11 172.22 33.40 81.79 86.48 102.57 79.90 221.07 19.64 56.92 47.69 43.52 58.71 34.89 41.97 4 63 TRANS NBR 384594 384595 384596 384597 384598 384599 384600 384601 384602 384603 384604 384605 384606 384607 384608 384609 384610 384611 384612 384613 384614 384615 384616 384617 384618 384619 384620 384621 384622 384623 384624 384625 384626 Grand Total: DATE 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 i VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS FLORIDA POWER AND LIGHT AMOUNT 75.91 80.00 38.91 40.03 14.39 82.26 48.15 14.10 13.13 19.69 53.04 71.95 25.49 33.68 44.60 72.92 4.87 68.93 23.16 14.74 5.04 26.08 81.18 107.41 5.81 37.53 39.33 80.32 89.68 34.29 83.65 13.35 153.93 868,250.78 5 64 TRANS. NBR 1015261 1015262 1015263 1015264 1015265 1015266 1015267 1015268 1015269 1015270 1015271 1015272 1015273 1015274 1015275 1015276 1015277 1015278 1015279 1015280 1015281 1015282 1015283 1015284 1015285 1015286 1015287 1015288 1015289 1015290 1015291 1015292 1015293 1015294 1015295 1015296 1015297 1015298 1015299 1015300 1015301 1015302 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 07/12/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 07/18/2019 VENDOR AT&T AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC WASTE MANAGEMENT INC PARKS RENTAL & SALES INC ROBINSON EQUIPMENT COMPANY INC HELENA CHEMICAL COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC RING POWER CORPORATION MIKES GARAGE & WRECKER SERVICE INC MEEKS PLUMBING INC ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC HILL MANUFACTURING CO INC GROVE WELDERS INC RECORDED BOOKS LLC SOUTHERN COMPUTER WAREHOUSE INC COMPLETE RESTAURANT EQUIPMENT LLC FIRST HOSPITAL LABORATORIES INC THYSSENKRUPP ELEVATOR APPLE MACHINE & SUPPLY CO TOTAL TRUCK PARTS INC COMO OIL COMPANY OF FLORIDA PERKINS INDIAN RIVER PHARMACY COMPLETE ELECTRIC INC SOUTHERN PLUMBING INC HARCROS CHEMICALS, INC. GREEN EQUIPMENT COMPANY CONSOLIDATED ELECTRICAL DISTRIBUTORS INC AUTO PARTNERS LLC L&L DISTRIBUTORS STAT MEDICAL DISPOSAL INC COUNTY MATERIALS CORPORATION ALLIED DIVERSIFIED OF VERO BEACH LLC GUARDIAN ALARM OF FLORIDA LLC NEXAIR LLC EFE INC PACE ANYALYTICAL LLC AMOUNT 907.79 7,573.86 1,269.73 8,709.84 4,166.17 733.50 168.10 1,552.00 72.25 883.80 212.50 929.68 65.00 376.00 10,830.00 7,509.84 136.34 842.87 244.80 99.00 28.64 183.75 516.00 750.00 29.01 268.77 253.95 70.05 11,900.00 2,889.00 2,577.52 741.00 799.75 195.20 6.44 580.00 13,396.56 3,450.00 1,666.50 51.88 3,922.78 6,383.00 97,942.87 1 65 TRANS NBR 6923 6924 6925 6926 6927 6928 6929 6930 6931 6932 6933 6934 6935 6936 6937 6938 6939 6940 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 07/12/2019 07/12/2019 07/12/2019 07/12/2019 07/12/2019 07/12/2019 07/12/2019 07/12/2019 07/12/2019 07/12/2019 07/12/2019 07/16/2019 07/16/2019 07/16/2019 07/16/2019 07/16/2019 07/17/2019 07/17/2019 VENDOR AMOUNT I R C HEALTH INSURANCE - TRUST 84,909.11 KIMLEY HORN & ASSOC INC 3,392.54 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,850.00 MUTUAL OF OMAHA 2,548.47 HIGHMARK STOP LOSS 127.08 NATIONWIDE SOLUTIONS RETIREMENT INC 77,604.79 IRC FIRE FIGHTERS ASSOC 9,789.28 NATIONWIDE SOLUTIONS RETIREMENT INC 5,334.09 KIMLEY HORN & ASSOC INC 10,089.42 CDM SMITH INC 95,991.97 NATIONWIDE SOLUTIONS RETIREMENT INC 27,135.00 FL SDU 5,766.12 IRS -PAYROLL TAXES 484,855.46 VERO HERITAGE INC 1,880.50 RUSSELL PAYNE INC 86,081.52 SCHOOL DISTRICT OF I R COUNTY 124,516.00 WRIGHT EXPRESS FSC 20,537.14 IRC CHAMBER OF COMMERCE ` 15,035.04 1,067,443.53 1 66 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 25, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 19, 2019 to July 25, 2019. gc In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of July 19, 2019 to July 25, 2019. 67 TRANS NBR 384627 384628 384629 384630 384631 384632 384633 384634 384635 384636 384637 384638 384639 384640 384641 384642 384643 384644 384645 384646 384647 384648 384649 384650 384651 384652 384653 384654 384655 384656 384657 384658 384659 384660 384661 384662 384663 384664 384665 384666 384667 384668 384669 384670 384671 384672 384673 384674 384675 384676 384677 384678 384679 384680 384681 384682 384683 384684 DATE 07/22/2019 07/23/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019. 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 CHECKS WRITTEN VENDOR TC ENTERPRISE OF THE TREASURE COAST INC FLORIDA POWER AND LIGHT FLORIDA RECREATION & PARK ASSOC INC FLORIDA RECREATION & PARK ASSOC INC FLORIDA RECREATION & PARK ASSOC INC FLORIDA RECREATION & PARK ASSOC INC FLORIDA RECREATION & PARK ASSOC INC MICHAEL ZITO WILLIAM RICE OMNI ORLANDO RESORT OMNI ORLANDO RESORT OMNI ORLANDO RESORT SUSAN ADAMS PAIGE LESTER LINDA CAGGIANO SUNCOAST WELDING SUPPLIES INC COMMUNICATIONS INTERNATIONAL TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC RICOH USA INC RICOH USA INC AT&T WIRELESS DATA FLOW SYSTEMS INC LINDEN-BEALS CORP THOMAS P WHITE E -Z BREW COFFEE & BOTTLE WATER SVC GRAINGER KELLY TRACTOR CO GRAYBAR ELECTRIC REPUBLIC SERVICES INC LFI FORT PIERCE INC DEEP SIX DIVE SHOP INC VERO INDUSTRIAL SUPPLY INC TIRESOLES OF BROWARD INC BARTH CONSTRUCTION INC CITY ELECTRIC SUPPLY BAKER & TAYLOR INC MIDWEST TAPE LLC BAKER DISTRIBUTING CO LLC ATKINS NORTH AMERICA INC CENGAGE LEARNING INC GO COASTAL INC SUNSHINE REHABILATION CENTER OF IRC INC CREATIVE CHOICE HOMES XVI LTD CITY OF VERO BEACH UNITED WAY OF INDIAN RIVER COUNTY UNITED WAY OF INDIAN RIVER COUNTY AT&T LIVINGSTON PAGE TREASURE COAST HOMELESS SERVICES HENRY FISCHER & SONS INC FEDERAL EXPRESS CORP CITY OF SEBASTIAN TIMOTHY ROSE CONTRACTING INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT GIFFORD YOUTH ACHIEVEMENT CENTER INC STATE ATTORNEY AMOUNT 29,124.00 1,873.46 300.00 300.00 300.00 300.00 925.00 185.80 1,816.65 556.00 556.00 556.00 43.97 639.79 391.25 112.80 1,030.00 4,406.25 852.00 100.62 1,443.30 2,748.99 1,924.68 236.34 786.00 61.38 628.36 51.44 205.40 454,315.89 1,721.20 28.89 82.66 1,662.12 28,370.00 213.61 4,086.66 2,202.27 88.50 11,080.32 173.45 119.00 120.00 478.00 1,976.70 657.00 563.19 139.41 120.00 21,860.50 1,110.00 13.28 29,106.55 123,697.73 66,282.80 16,599.78 8,094.76 15,281.07 1 68 TRANS NBR 384685 384686 384687 384688 384689 384690 384691 384692 384693 384694 384695 384696 384697 384698 384699 384700 384701 384702 384703 384704 384705 384706 384707 384708 384709 384710 384711 384712 384713 384714 384715 384716 384717 384718 384719 384720 384721 384722 384723 384724 384725 384726 384727 384728 384729 384730 384731 384732 384733 384734 384735 384736 384737 384738 384739 384740 384741 384742 384743 384744 DATE 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 VENDOR CITY OF FELLSMERE KENNETH CAMPBELL SENIOR MEDICARE PART B FINANCIAL SERVICES TRICARE AARP INSURANCE WALKER PROCESS EQUIPMENT GREY HOUSE PUBLISHING PITNEY BOWES INC ALAN C KAUFFMANN VETERANS ADMINISTRATION ARNOLD AIR CONDITONING INC BLUE CROSS BLUE SHIELD BLUE CROSS BLUE SHIELD HUMANA VERO CLUB PARTNERS LTD SHRIEVE CHEMICAL CO MICHAEL QUIGLEY RUSSELL PAYNE INC BRENNAN & KRETSCHMER TRANE US INC CELICO PARTNERSHIP VAN WAL INC JOSEPH W VASQUEZ FLORIDA RURAL LEGAL SERVICES INC NATIONAL NOTARY ASSOCIATION OTC DIRECT INC THE SHERWIN WILLIAMS CO SOUTHERN JANITOR SUPPLY INC MBV ENGINEERING INC E W SIVER & ASSOCIATES INC MASTELLER & MOLER INC STAPLES CONTRACT & COMMERCIAL INC W F MCCAIN & ASSOCIATES INC PELICAN ISLES LP ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT GERELCOM INC KELLY J TURNER JR SUNCOAST REALTY & RENTAL MGMT LLC NORTH CAROLINA CHILD SUPPORT JOHNNY B SMITH FOSTER, STUART & ELIZABETH DANE MACDONALD CHARLES A WALKER FISHER & PHILLIPS LLP STANLEY, ELLEN E KATHLEEN P DOUGHERTY KWACKS INC HEAVY EQUIPMENT SERVICES OF VERO BEACH NICOLACE MARKETING INC EQ THE ENVIRONMENTAL QUALITY COMPANY HMA-SOLANTIC JOINT VENTURE LLC SANDY ARACENA FLORIDA MEDICAID WEST CONSTRUCTION INC DE LA HOZ BUILDERS INC ATLANTIC COASTAL LAND TITLE CO LLC CLOVERLEAF CORPORATION ECMC AMOUNT 396.83 170.00 1,302.71 339.20 92.72 1,321.82 515.90 484.86 240.00 160.93 455.00 481.78 580.40 287.13 560.00 3,924.94 150.00 493.10 2,800.00 16,887.43 3,026.70 175.00 120.00 2,126.81 130.00 6.97 35.81 3,093.89 822.50 956.25 13,950.00 153.88 602.25 291.00 299.36 303.42 169.30 553.70 100.00 202.00 105.69 420.00 93.79 300.00 220.00 252.00 79.57 170.00 1,149.00 500.00 3,322.05 24,647.73 455.00 100.00 102.16 136,980.01 30,816.70 85.00 3,164.00 295.62 TRANS NBR 384745 384746 384747 384748 384749 384750 384751 384752 384753 384754 384755 384756 384757 384758 384759 384760 384761 384762 384763 384764 384765 384766 384767 384768 384769 384770 384771 384772 384773 384774 384775 384776 384777 384778 384779 384780 384781 384782 384783 384784 384785 384786 384787 384788 384789 384790 384791 384792 384793 384794 384795 384796 384797 384798 384799 384800 384801 384802 384803 384804 DATE 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 VENDOR AMOUNT OVERDRIVE INC 3,904.24 KEITH GROCHOLL 140.00 ABC CLIO LLC 143.61 ALAN JAY CHEVROLET CADILLAC 67,218.00 HEATHER HATTON 250.00 ALTISOURCE SOLUTIONS 42.89 NEWSOM OIL COMPANY 669.41 WILD TURKEY ESTATES OF VERO LLC 1,744.04 LOWES HOME CENTERS INC 1,628.77 CARDINAL HEALTH 110 INC 3,552.90 ALEX MIKLO 160.00 BURNETT LIME CO INC 6,305.60 PENGUIN RANDOM HOUSE LLC 182.55 STRAIGHT OAK LLC 59.85 SCADA SOLUTIONS LLC 5,579.50 SOUTHERN MANAGEMENT LLC 317.75 C E R SIGNATURE CLEANING 850.00 DEBORAH CUEVAS 100.00 SAMBA HOLDINGS INC 1,436.60 BRUCE SABOL 260.00 BERNARD EGAN & COMPANY 1,132.16 FOUNDATION FOR AFFORDABLE RENTAL 1,038.00 SYLIVIA MILLER 660.00 FLORITURF SOD INC 94.00 PRESTIGE HEALTH CHOICE 174.49 CAREFREE RANCH 1,000.00 CATHEDRAL CORPORATION 16,492.92 UNIFIRST CORPORATION 1,100.30 SUNSHINE HEALTH PLAN MEDICAID 724.05 SITEONE LANDSCAPE SUPPLY LLC 103.97 BARSALOU VENTURES LLC 483.00 ADVANCE STORES COMPANY INCORPORATED 391.42 EASTERN PIPELINE CONSTRUCTION INC 3,350.00 AC VETERINARY SPECIALTY SERVICES 59.15 EDWARD ILLIDGE 280.00 COLTON PARKER 40.00 MATHESON TRI -GAS INC 4,057.95 PEOPLE READY INC 925.92 EMILY GOUGE 60.00 COLE AUTO SUPPLY INC 2,273.87 NORTH CAROLINA DEPARTMENT OF REVENUE 86.67 SECURITAS ELECTRONIC SECURITY INC 1,045.06 NESTLE WATERS NORTH AMERICA 45.89 ENVIRONMENTAL OPERATING SOLUTION INC 8,182.09 LOCKTON COMPANIES 22,375.00 STUART RUBBER STAMP & SIGN CO INC 151.07 SOMMER PARTNERSHIP 650.00 INDIAN RIVER DOCKS LLC 23,122.50 GOMEZ BROTHERS IRRIGATION LLC 6,931.00 ACTION RENTALS VRB LLC 418.59 DUVAL FORD LLC 31,772.00 ENGINEERED SERVICES INC 45.00 STEPHEN STONE 140.00 JOSEPH LORINO 80.00 DIRECTV GROUP INC 56.31 JSG AMATEUR SPORTS CORP 150.00 TETRA TECH INC 8,807.00 TAYLOR ANNE HATTON 40.00 JACK KLEIN ASSOCIATES INC 12,273.83 RAMONA MURPHY 41.00 3 70 TRANS NBR 384805 384806 384807 384808 384809 384810 384811 384812 384813 384814 384815 384816 384817 384818 384819 384820 384821 384822 384823 384824 384825 384826 384827 384828 384829 384830 384831 384832 384833 384834 384835 384836 384837 384838 384839 384840 384841 384842 384843 384844 384845 384846 384847 384848 384849 384850 384851 384852 384853 384854 384855 384856 384857 384858 384859 384860 384861 384862 384863 384864 DATE 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 VENDOR AMOUNT THE SOUND OF KNOWLEDGE INC 334.00 KENYATTA JOHNSON 100.00 AMAZON CAPITAL SERVICES INC 2,016.52 VERONIQUE ORY STURIALE 30.00 PIRATE PEST CONTROL LLC 18.00 COMMONWEALTH OF MASSACHUSETTS 154.00 TMG UTILITY ADVISORY SERVICES INC 780.00 AMERIGAS PROPANE LP 532.48 KANSAS PAYMENT CENTER 219.69 PSI TECHNOLOGIES INC 4,275.00 SEBASTIAN RIVER FARMS 4,300.00 JOHN J DRISCOLL 240.00 GREEN CONSTRUCTION TECHNOLOGIES INC 14,250.00 JORDAN POWER EQUIPMENT CORP 462.03 JAMES ROMANEK 380.00 DEANGELO BROTHERS LLC 813.00 HEALTHSTAT INC 6,250.00 EE&G RESTORATION SERVICES LLC 3,440.00 DERECK R PRINCE 250.00 MULLINAX FORD OF VERO BEACH 836.19 JUDITH A BURLEY 219.50 UNDERWATER ENGINEERING SERVICES INC 573,002.80 TAMI FEATHERSTON 25.00 PHEAK SOLUTIONS LLC PSP 3,506.12 DIANA L STILLMAN 25.00 JENNIFER TORCHALSKI 720.00 LINDSEY GARDENS 429.00 LEMMON LINES LLC 100.00 TREASURE COAST TREE NINJAS LLC 10,600.00 SWIM 2 GUARD LLC 40.00 ABIGAILLE CAPOBIANCO 590.00 KEEGAN MC COLLOM 390.00 HAILEY LYNN GABRIELLA WILSON 290.00 NICOLE ANTOSIA 180.00 CIRQUE DU JOUR 500.00 SANTO THOMAS GAGLIANO 105.72 NORMAN CHRISTENSEN 96.81 PLAYCORE WISCONSIN INC 1,777.13 KENNETH FASS JR 180.00 SAMUEL KING 160.00 CHARLES RIEGGER 500.00 TAMAR ZION 50.00 SOUTH CENTRAL PLANNING & DEVELOPMENT COMM 1,178.62 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 2,636.00 AMANDA GILL 18.19 RANDIE RENICK 160.05 LIZ CHARLES 53.35 JULIE MC FARLANE 53.35 BRANDY RHODES 106.70 LAUREN NEELY 40.00 MARK MAHONEY INC 146.00 CHEYENNE MARSHALL 150.00 JENNIFER D JAMES 280.00 DESK SPINCO INC 3,242.67 THERESA BRIDIE 179.26 CRAFT CLUB OF SEBASTIAN 240.00 BARBARA A DEFOREST 68.87 ESTATE OF EVA A FAGAN 479.20 ROBERT CROUCH 75.00 PIERCE BENDER 110.00 4 71 TRANS NBR DATE VENDOR AMOUNT 384865 07/25/2019 UTIL REFUNDS 57.83 384866 07/25/2019 UTIL REFUNDS 49.61 384867 07/25/2019 UTIL REFUNDS 52.33 384868 07/25/2019 UTIL REFUNDS 88.86 384869 07/25/2019 UTIL REFUNDS 46.15 384870 07/25/2019 UTIL REFUNDS 34.03 384871 07/25/2019 UTIL REFUNDS 33.85 384872 07/25/2019 UTIL REFUNDS 91.21 384873 07/25/2019 UTIL REFUNDS 25.55 384874 07/25/2019 UTIL REFUNDS 35.95 384875 07/25/2019 UTIL REFUNDS 48.71 384876 07/25/2019 UTIL REFUNDS 33.38 384877 07/25/2019 UTIL REFUNDS 92.43 384878 07/25/2019 UTIL REFUNDS 69.99 384879 07/25/2019 UTIL REFUNDS 42.62 384880 07/25/2019 UTIL REFUNDS 30.57 384881 07/25/2019 UTIL REFUNDS 44.99 384882 07/25/2019 UTIL REFUNDS 37.70 384883 07/25/2019 UTIL REFUNDS 27.13 384884 07/25/2019 UTIL REFUNDS 50.03 384885 07/25/2019 UTIL REFUNDS 69.46 384886 07/25/2019 UTIL REFUNDS 60.88 384887 07/25/2019 UTIL REFUNDS 43.40 384888 07/25/2019 UTIL REFUNDS 44.15 384889 07/25/2019 UTIL REFUNDS 65.30 384890 07/25/2019 UTIL REFUNDS 20.92 384891 07/25/2019 UTIL REFUNDS 62.60 384892 07/25/2019 UTIL REFUNDS 79.67 384893 07/25/2019 UTIL REFUNDS 13.53 384894 07/25/2019 UTIL REFUNDS 19.59 384895 07/25/2019 UTIL REFUNDS 206.37 384896 07/25/2019 UTIL REFUNDS 43.17 384897 07/25/2019 UTIL REFUNDS 38.95 384898 07/25/2019 UTIL REFUNDS 23.28 384899 07/25/2019 UTIL REFUNDS 63.00 384900 07/25/2019 UTIL REFUNDS 32.44 384901 07/25/2019 UTIL REFUNDS 25.10 384902 07/25/2019 UTIL REFUNDS 40.77 384903 07/25/2019 UTIL REFUNDS 36.14 384904 07/25/2019 UTIL REFUNDS 30.08 384905 07/25/2019 UTIL REFUNDS 44.06 384906 07/25/2019 UTIL REFUNDS 44.30 384907 07/25/2019 UTIL REFUNDS 44.06 384908 07/25/2019 UTIL REFUNDS 86.79 384909 07/25/2019 UTIL REFUNDS 63.80 384910 07/25/2019 UTIL REFUNDS 36.88 384911 07/25/2019 UTIL REFUNDS 72.44 384912 07/25/2019 UTIL REFUNDS 94.43 384913 07/25/2019 UTIL REFUNDS 493.19 384914 07/25/2019 UTIL REFUNDS 40.04 Grand Total: 1,995,539.61 5 72 TRANS. NBR 1015303 1015304 1015305 1015306 1015307 1015308 1015309 1015310 1015311 1015312 1015313 1015314 1015315 1015316 1015317 1015318 1015319 1015320 1015321 1015322 1015323 1015324 1015325 1015326 1015327 1015328 1015329 1015330 1015331 1015332 1015333 1015334 1015335 1015336 1015337 1015338 1015339 1015340 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/24/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 07/25/2019 VENDOR AT&T WASTE MANAGEMENT INC COMCAST POLYDYNE INC COLKITT SHEET METAL & AJC INC INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC DEMCO INC SMITH BROTHERS CONTRACTING EQUIP ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC FIRST HOSPITAL LABORATORIES INC COMO OIL COMPANY OF FLORIDA CONSOLIDATED ELECTRICAL DISTRIBUTORS INC PARKS RENTAL & SALES INC METAL CULVERTS MIKES GARAGE & WRECKER SERVICE INC MEEKS PLUMBING INC RECORDED BOOKS LLC SOUTHERN COMPUTER WAREHOUSE INC THYSSENKRUPP ELEVATOR PRIDE ENTERPRISES COMPLETE ELECTRIC INC RECHTIEN INTERNATIONAL TRUCKS GREAT SOUTHERN EQUIPMENT CO CUMMINS INC METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC STAT MEDICAL DISPOSAL INC HYDRA SERVICE (S) INC FPS OFFICE SOLUTIONS LLC ALLIED DIVERSIFIED OF VERO BEACH LLC GUARDIAN ALARM OF FLORIDA LLC NEXAIR LLC EFE INC PACE ANYALYTICAL LLC AMOUNT 12,729.04 381.42 483.60 2,576.00 306.53 1,141.55 3,304.75 78.60 76.34 201.00 6,584.74 4,792.73 484.32 580.50 35.00 6.02 541.06 11,970.00 472.00 1,848.41 99.00 2,190.06 9,066.00 21.75 10,217.80 51.24 40.48 1,483.65 2,293.51 475.10 260.00 9,741.00 87.72 85.00 98.75 79.44 1,469.71 1,753.00 88,106.82 1 73 TRANS NBR 6941 6942 6943 6944 6945 6946 6947 6948 6949 6950 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 07/19/2019 07/23/2019 07/23/2019 07/23/2019 07/23/2019 07/23/2019 07/24/2019 07/24/2019 07/25/2019 07/25/2019 VENDOR RX BENEFITS INC CULTURAL COUNCIL OF IRC IRC CHAMBER OF COMMERCE IRC CHAMBER OF COMMERCE INDIAN RIVER COUNTY SHERIFF SENIOR RESOURCE ASSOCIATION BANK OF NEW YORK RX BENEFITS INC INDIAN RIVER COUNTY SHERIFF VEROTOWN LLC AMOUNT 2,430.22 3,720.50 6,787.00 12,515.03 1,080.26 353,971.06 8,163,005.15 250,874.87 1,795.15 31,232.72 8,827,411.96 1 74 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 1, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 26, 2019 to August 1,2019 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of July 26, 2019 to August 1, 2019. 75 TRANS NBR 384915 384916 384917 384918 384919 384920 384921 384922 384923 384924 384925 384926 384927 384928 384929 384930 384931 384932 384933 384934 384935 384936 384937 384938 384939 384940 384941 384942 384943 384944 384945 384946 384947 384948 384949 384950 384951 384952 384953 384954 384955 384956 384957 384958 384959 384960 384961 384962 384963 384964 384965 384966 384967 384968 384969 384970 384971 384972 DATE 07/26/2019 07/26/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 08/01/2019 08/01/2019 CHECKS WRITTEN VENDOR AMOUNT FLORIDA POWER AND LIGHT 69,531.91 FLORIDA POWER AND LIGHT 884.42 INDIAN RIVER COUNTY HEALTH DEPT 58,022.25 VICTIM ASSISTANCE PROGRAM 5,746.83 ROGER J NICOSIA 1,500.00 CITY OF VERO BEACH 2,169.15 CITY OF VERO BEACH 11,787.50 ST LUCIE COUNTY BOCC 37,863.91 PAUL CARONE 5,026.00 LARRY STALEY 593.00 PINNACLE GROVE LTD 3,142.00 VERO CLUB PARTNERS LTD 4,001.00 DAVID SPARKS 1,407.00 THE PALMS AT VERO BEACH 1,879.00 JOHN OLIVIERA 856.00 ARTHUR PRUETT 756.00 MICHAEL JAHOLKOWSKI 547.00 STEVEN RENNICK 661.00 LUCY B HENDRICKS 807.00 WILLIE REAGAN 2,313.00 ROBERT L BRACKETT 780.00 SUNCOAST REALTY & RENTAL MGMT LLC 641.00 SYLVESTER MC 1NTOSH 365.00 PAULA WHIDDON 553.00 JAMES W DAVIS 372.00 MISS INC OF THE TREASURE COAST 1,748.00 DANIEL CORY MARTIN 3,355.00 PAULA ROGERS & ASSOCIATES INC 660.00 FIVE STAR PROPERTY HOLDING LLC 830.00 VAL APTS LLC 818.00 AUGUSTUS B FORT JR 641.00 H&H SHADOWBROOK LLC 563.00 VERO BEACH PLACE LLC 2,133.00 GNS REAL ESTATE HOLDINGS LLC 1,135.00 COALITION FOR ATTAINABLE HOMES INC 3,217.00 HELPING HANDS REAL ESTATE & INVESTMENT CO 4,729.00 ALIX DENEAU 750.00 MCLAUGHLIN PROPERTIES LLC 750.00 NKW PIP HOLDINGS I LLC 2,868.00 MAXIPLEX LLC 2,264.00 RANDY BETHEL 751.00 WATSON REALTY GROUP 758.00 KARL POKRANDT 747.00 BRANDON ROUER 1,948.00 HUDSON CONSULTING & MANAGEMENT LLC 552.00 PALMETTO PROPERTY MANAGEMENT CORP 935.00 LUCIAN LEWIS 856.00 HAMID SILMANE 750.00 PAMELA CHAVEZ 744.00 PHILIPPE ALEXANDER 700.00 STANLEY L JENNINGS 795.00 STANLEY L JENNINGS 750.00 SHARON P BRENNAN 556.00 JANINA M GIORGIO 885.00 CORNELIA H LAHEY 1,126.00 IXORIA LLC 2,550.00 VERO BEACH EDGEWOOD PLACE LP 582.00 GRACES LANDING LTD 8,371.00 76 TRANS NBR 384973 384974 384975 384976 384977 384978 384979 384980 384981 384982 384983 384984 384985 384986 384987 384988 384989 384990 384991 384992 384993 384994 384995 384996 384997 384998 384999 385000 385001 385002 385003 385004 385005 385006 385007 385008 385009 385010 385011 385012 385013 385014 385015 385016 385017 385018 385019 385020 385021 385022 385023 385024 385025 385026 385027 385028 385029 385030 385031 385032 DATE 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 VENDOR WILLIE C REAGAN RIVER PARK ASSOCIATES LIMITED CREATIVE CHOICE HOMES XVI LTD DAVID YORK ST FRANCIS MANOR OF VERO BEACH TREASURE COAST HOMELESS SERVICES FLORIDA POWER AND LIGHT VENETIAN APARTMENTS OF VERO BEACH PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVID SPARKS INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY CRAIG MERRILL HAGGERTY FAMILY LTD THE PALMS AT VERO BEACH DAVID CONDON HILARY MCIVOR PELICAN ISLES LP SUNCOAST REALTY & RENTAL MGMT LLC OAK RIVER PROPERTIES INC SONRISE VILLAS LTD ADINA GOLDMAN INDIAN RIVER RDA LP GEORGE THUYNS LAZY J LLC JESSE LEWIS SKOKIE HOLDINGS INC OSLO VALLEY PROPERTIES INC SAID S MOOBARK OSCEOLA COUNTY SECTION 8 ANTHONY ARROYO DANIEL CORY MARTIN YVONNE KOUTSOFIOS ALAN R TOKAR VERO BEACH VILLAS I LLC BRIAN E GALLAGHER STEPHANIE WATCHEK FOUNTAIN TRUST SCOT WILKE THEODORE BARTOSIEWICZ FOUNDATION FOR AFFORDABLE RENTAL RICHARD KUSSEROW ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY 11` JOHN T STANLEY WEDGEWOOD RENTALS LLC ALMA LUCKETT MCLAUGHLIN PROPERTIES LLC MYRIAM MELENDEZ WATSON REALTY GROUP SHEJI LLC LAWRENCE C SALTER LINDSEY GARDENS COASTAL DOORS INC COMMUNICATIONS INTERNATIONAL TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC KIMLEY HORN & ASSOC INC HENRY SCHEIN INC AMOUNT 446.00 12,751.00 18,363.00 596.00 286.00 1,907.00 163.00 377.00 1,618.00 17,199.00 370.00 3,459.00 3,683.00 616.00 367.00 14,246.00 718.00 702.00 7,648.00 4,445.00 317.00 1,998.00 615.00 5,141.00 438.00 2,329.00 667.00 703.00 205.00 1,517.00 683.73 481.00 1,476.00 20.00 679.00 449.00 540.00 122.00 510.00 497.00 22,717.00 459.00 509.00 776.00 1,495.00 646.00 1,137.00 522.00 2,619.00 439.00 470.00 12,964.00 1,900.00 734.80 937.50 426.00 2,357.20 342.83 33,305.00 5,803.77 77 TRANS NBR 385033 385034 385035 385036 385037 385038 385039 385040 385041 385042 385043 385044 385045 385046 385047 385048 385049 385050 385051 385052 385053 385054 385055 385056 385057 385058 385059 385060 385061 385062 385063 385064 385065 385066 385067 385068 385069 385070 385071 385072 385073 385074 385075 385076 385077 385078 385079 385080 385081 385082 385083 385084 385085 385086 385087 385088 385089 385090 385091 385092 DATE 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 VENDOR SAFETY PRODUCTS INC AT&T WIRELESS DELTA SUPPLY CO GRAINGER KELLY TRACTOR CO WILD LAND ENTERPRISES INC HACH CO CLIFF BERRY INC DEEP SIX DIVE SHOP INC BOUND TREE MEDICAL LLC VERO INDUSTRIAL SUPPLY INC DIVE RESCUE INC TIRESOLES OF BROWARD INC CALL ONE INC H C WARNER INC CITY ELECTRIC SUPPLY CARTER ASSOCIATES INC CHILDCARE RESOURCES OF IRC INC DELL MARKETING LP BLAKESLEE SERVICES INC BAKER & TAYLOR INC BRANDTS APPLIANCE SERVICE INC MIDWEST TAPE LLC NORTHERN SAFETY CO INC HUDSON PUMP & EQUIPMENT BAKER DISTRIBUTING CO LLC ATKINS NORTH AMERICA INC CENGAGE LEARNING INC PALM TRUCK CENTERS INC SOFTWARE HARDWARE INTEGRATION VOCELLE & BERG LLP CITY OF VERO BEACH CITY OF VERO BEACH FLORIDA GOVERNMENT FINANCE FLORIDA GOVERNMENT FINANCE TREASURE COAST HOMELESS SERVICES UNIVERSITY OF FLORIDA ACUSHNET COMPANY INTERNATIONAL GOLF MAINTENANCE INC GEOSYNTEC CONSULTANTS INC FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP TRAFFIC PARTS INC CALLAWAY GOLF SALES COMPANY SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT THOMAS S LOWTHER FUNERAL HOME CORP GIFFORD YOUTH ACHIEVEMENT CENTER INC NEW HORIZONS OF THE TREASURE COAST KENNETH CAMPBELL SENIOR GLOBAL GOLF SALES INC SUNSHINE STATE ONE CALL OF FL INC STRUNK FUNERAL HOMES & CREMATORY TOCOMA RUBBER STAMP & MARKING SYSTEM FLORIDA DEPT OF ENVIRONMENTAL PROTECTION TREASURE COAST SPORTS COMMISSION INC BE SAFE SECURITY ALARMS INC GIFFORD COMMUNITY CENTER ALAN C KAUFFMANN AMOUNT 595.65 1,058.62 68.02 467.08 2,061.50 6.15 4,272.70 311.50 22.79 6,597.93 673.08 20,194.17 5,084.00 670.00 245.07 548.65 385.00 31,118.86 1,578.00 645.00 1,116.13 119.00 615.49 250.53 3,478.00 330.61 10,871.00 68.25 336.24 982.98 52.50 742.60 790.69 20.00 40.00 7,595.61 3,096.30 279.41 88,148.43 496.98 13.28 104.45 1,420.33 3,102.79 247.50 64,163.03 3,459.38 850.00 8,090.12 25,881.33 130.00 124.67 1,130.33 1,275.00 247.99 6,250.00 5,066.06 449.40 3,086.62 200.00 78 TRANS NBR 385093 385094 385095 385096 385097 385098 385099 385100 385101 385102 385103 385104 385105 385106 385107 385108 385109 385110 385111 385112 385113 385114 385115 385116 385117 385118 385119 385120 385121 385122 385123 385124 385125 385126 385127 385128 385129 385130 385131 385132 385133 385134 385135 385136 385137 385138 385139 385140 385141 385142 385143 385144 385145 385146 385147 385148 385149 385150 385151 385152 DATE 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 VENDOR AMOUNT WESTSIDE REPROGRAPHICS OF VERO BEACH INC 55.50 KEEP INDIAN RIVER BEAUTIFUL INC 4,861.39 BRIDGESTONE AMERICAS INC 2,882.37 ECONOLITE CONTROL PRODUCTS INC 2,600.00 ARCADIS U S INC 8,980.60 GLOBAL EQUIPMENT CO INC 238.90 RUSSELL PAYNE INC 429.85 U S BANK NATIONAL ASSOCIATION 1,889.38 FLORIDA DEPT OF JUVENILE JUSTICE 37,280.72 VAN WAL INC 300.00 ELECTRONIC ACCESS SPECIALIST 307.26 SYNAGRO-WWT INC 57,961.90 FASTENAL COMPANY 16.10 OTC DIRECT INC 149.80 COASTAL TECHNOLOGY CORPORATION 10,000.00 SOUTHERN JANITOR SUPPLY INC 3,953.00 CENTRAL PUMP & SUPPLY INC 327.05 ETR LLC 725.73 HEVERON GROUP INC 19,039.00 GLOVER OIL COMPANY INC 74,555.89 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 5,978.50 GERELCOM INC 680.00 JOHNNY B SMITH 100.00 MENTAL HEALTH ASSOCIATION IRC INC 6,791.24 GLOBALSTAR USA 192.53 CHARLES A WALKER 100.00 CEMEX INC 12,201.00 EXTREME SHUTTER SYSTEMS 12,736.71 RACIEL & ROXANA GOVEA 103.06 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 2,964.79 MADESSIA FLOWERS 90.00 DANA SAFETY SUPPLY INC 76.00 VERO BEACH BROADCASTERS LLC 100.00 YOUTH GUIDANCE DONATION FUND 833.33 NICOLACE MARKETING INC 1,889.00 WINSUPPLY OF VERO BEACH 129.36 LAKESIDE EQUIPMENT CORPORATION 213,944.00 TREASURE COAST SWIMMING LLC 1,500.00 ATLANTIC COASTAL LAND TITLE CO LLC 170.00 GUETTLER BROTHERS CONSTRUCTION LLC 27,325.78 KEITH GROCHOLL 40.00 HI TECH CYCLES 2,997.00 ALAN JAY CHEVROLET CADILLAC 26,350.00 MOORE MOTORS INC 429.95 NEWSOM OIL COMPANY 1,569.83 WILD TURKEY ESTATES OF VERO LLC 5,569.89 LOWES HOME CENTERS INC 3,239.70 CARDINAL HEALTH 110 INC 198.30 MUNICIPAL EMERGENCY SERVICES INC 1,313.27 ALEX MIKLO 160.00 BURNETT LIME CO INC 15,832.60 SOUTHWIDE INDUSTRIES INC 19,563.92 ATLANTIC ROOFING II OF VERO BEACH INC 953.72 STRAIGHT OAK LLC 254.80 SOUTHERN MANAGEMENT LLC 27,579.12 DEBORAH CUEVAS 120.00 EXTREME GOLF INC 444.00 NAPIER & ROLLIN PLLC 97.50 COBRA GOLF INCORPORATED 849.17 SYLIVIA MILLER 1,192.00 79 TRANS NBR 385153 385154 385155 385156 385157 385158 385159 385160 385161 385162 385163 385164 385165 385166 385167 385168 385169 385170 385171 385172 385173 385174 385175 385176 385177 385178 385179 385180 385181 385182 385183 385184 385185 385186 385187 385188 385189 385190 385191 385192 385193 385194 385195 385196 385197 385198 385199 385200 385201 385202 385203 385204 385205 385206 385207 385208 385209 385210 385211 385212 DATE 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 VENDOR AMOUNT HAWKINS INC 1,870.50 SHOWER TOWER INC 312.95 ANFIELD CONSULTING GROUP INC 10,000.00 ANDERSEN ANDRE CONSULTING ENGINEERS INC 1,691.50 CATHEDRAL CORPORATION 2,314.30 UNIFIRST CORPORATION 986.02 JDS GRAPHICS DESIGN INC 102.69 CDA SOLUTIONS INC 647.33 SITEONE LANDSCAPE SUPPLY LLC 134.14 GOTTA GO GREEN ENTERPISES INC 54.96 BARSALOU VENTURES LLC 264.32 PATRIOT PRODUCTIONS LLC 250.00 NORTH AMERICAN OFFICE SOLUTIONS INC 41.00 WURTH USA INC 312.94 STEVES FROZEN CHILLERS OF FLORIDA SPACE COAS' 1,032.00 EDWARD ILLIDGE 100.00 COALITION FOR ATTAINABLE HOMES INC 195.58 ALL WEBBS ENTERPRISES INC 14,644.25 MATHESON TRI -GAS INC 2,872.35 PEOPLE READY INC 39,368.43 EMILY GOUGE 60.00 COLE AUTO SUPPLY INC 952.57 LIFESTYLE HOMES BUILDERS INC 18,347.53 DAY DREAMS UNIFORMS INC 175.80 RECYCLING ROCKS LLC 200.00 FLORIDA BULB & BALLAST INC 660.00 ENVIRONMENTAL OPERATING SOLUTION INC 8,368.25 STEWART MATERIALS LLC 535.90 CLASSY CHRIS GRAY PROMOTIONS LLC 310.07 GOMEZ BROTHERS IRRIGATION LLC 1,109.00 TYKES & TEENS INC 2,185.63 REXEL USA INC 3,343.24 STEPHEN STONE 120.00 BEST VERSION MEDIA LLC 244.00 TETRA TECH INC 68,160.00 Al ASSETS INC 3,686.11 VIKING LANDSCAPING LLC 7,500.00 DAN WILD LLC 720.00 SHAWN CONBOY 240.00 RAMONA MURPHY 41.00 KENYATTA JOHNSON 120.00 AMAZON CAPITAL SERVICES INC 59.14 AMAZON CAPITAL SERVICES INC 1,645.11 VERONIQUE ORY STURIALE 30.00 W&J CONSTRUCTION CORP 74,454.81 PIRATE PEST CONTROL LLC 2,343.00 AMERIGAS PROPANE LP 1,979.58 HOPPING GREEN & SAMS PA 243.00 ALL AMERICAN TRAILER CONNECTION INC 3,525.00 METROPOLITAN COMMUNICATION SERVICES INC 317.75 JOHN J DRISCOLL 100.00 BANYAN RECYCLING INC 420.00 JORDAN POWER EQUIPMENT CORP 381.08 JAMES ROMANEK 180.00 GREAT SOUTHERN PUMP 6,088.00 JUDITH A BURLEY 171.50 APTIM CORP 102,958.31 EDGEWATER GARAGE INC 3,000.00 RIDGE EQUIPMENT CO INC 35,283.00 AMERICAN AUTO GLASS 208.73 80 TRANS NBR 385213 385214 385215 385216 385217 385218 385219 385220 385221 385222 385223 385224 385225 385226 385227 385228 385229 385230 385231 385232 385233 385234 385235 385236 385237 385238 385239 385240 385241 385242 385243 385244 385245 385246 385247 385248 385249 385250 385251 385252 385253 385254 385255 385256 385257 385258 385259 385260 385261 385262 385263 385264 385265 385266 385267 385268 385269 385270 385271 385272 DATE 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 VENDOR KENNETH FASS JR PIERCE BENDER BRYAN D BLAIS & DIANE S BLAIS TRUST HOGGERCAP LAND LLC INTERIOR SPECIALISTS INC INDIAN RIVER COMMUNITY FOUNDATION INC PORT CONSOLIDATED INC JACOBS GROUP INC PARKSON CORPORATION NEWMANS POWER SYSTEMS PUBLIX SUPERMARKETS PUBLIX SUPERMARKETS ROGER CLEVELAND GOLF INC STATE ATTORNEY US KIDS GOLF LLC WASTE MANAGEMENT INC FLORIDA UC FUND MUSCO SPORTS LIGHTING LLC SHRIEVE CHEMICAL CO PERKINS COMPOUNDING PHARMACY PRO -CO INC PUKKA INC TRANE US INC TRANE US INC STAPLES CONTRACT & COMMERCIAL INC NATIONAL LIFT TRUCK SERVICE INC RF CONCRETE CONSTRUCTION INC ORCHID ISLAND PROPERTY MGMT II INC RANGE SERVANT AMERICA INC JOSHUA HARVEY GHIZ TAW ORLANDO SERVICE CENTER INC SOUTHERN MANAGEMENT LLC STEWART & STEVENSON FDDA LLC REI ENGINEERS INC TRINOVA -FLORIDA INC AMERITAS RHOADES AIR & HEAT RECYCLING ROCKS LLC TOTAL ADMINISTRATIVE SERVICES CORP STANTEC CONSULTING SERVICES INC DIGITAL GOLF TECHNOLOGIES INC SOLAR ELECTRIC POWER COMPANY GELCO SUPPLY INC POS SUPPLY SOLUTIONS INC SWIM 2 GUARD LLC SAMUEL KING KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC CHEYENNE MARSHALL DESK SPINCO INC THERESA PANGBURN ALMA M PHIPPS MARY L OWEN KATHRYN A KAIM JOAN MORGAN HELEN PRINOS HARVEY E TAYLOR DANIEL L MOSLEY CRAVATH SWAINE AND MOORE LL TERRENCE R MARTIN SHIRLEY KILKELLY MILTON B BARTLETT AMOUNT 240.00 240.00 500.00 450.00 4,500.00 150.00 1,239.96 93,808.89 1,839.10 630.00 13.06 17.35 59.50 8,500.36 90.54 196,425.18 1,650.00 49.38 4,035.29 71.43 600.00 1,564.80 6,644.50 7,708.75 331.20 250.00 21,900.00 1,200.00 191.39 2,296.55 8,649.32 6,475.00 16,856.81 1,432.50 203.00 27,515.70 5,316.00 2,000.00 764.40 31,335.75 507.00 2,776.00 1,655.39 110.95 40.00 180.00 99.00 190.00 1,629.38 32.97 91.53 94.84 685.41 454.00 88.13 94.77 101.34 93.59 97.57 250.00 8'1 TRANS NBR 385273 385274 385275 385276 385277 385278 385279 385280 385281 385282 385283 Grand Total: DATE 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 VENDOR SATARA SCOTT CLARENCE SPRADLING JR SCOTT MCADAM SANDESTIN GOLF & BEACH RESORT STEPHEN GREER BRIAN FREEMAN KRISTIN DANIELS JAMES W ENNIS KRISTIN LEIENDECKER JESSE ROLAND ERIKA LUNDEEN AMOUNT 150.00 125.00 247.68 620.00 652.84 27.09 35.00 308.42 3.70 275.00 28.78 2,304,624.57 82 TRANS. NBR 1015341 1015342 1015343 1015344 1015345 1015346 1015347 1015348 1015349 1015350 1015351 1015352 1015353 1015354 1015355 1015356 1015357 1015358 1015359 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 07/26/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 VENDOR AMOUNT OFFICE DEPOT BSD CUSTOMER SVC 3,152.91 COLKITT SHEET METAL & AJC INC 99.95 INDIAN RIVER BATTERY 51.45 INDIAN RIVER OXYGEN INC 808.40 APPLE INDUSTRIAL SUPPLY CO 173.62 GALLS LLC 155.52 ABCO GARAGE DOOR CO INC 222.50 ALLIED UNIVERSAL CORP 10,107.71 IRRIGATION CONSULTANTS UNLIMITED INC 711.82 GROVE WELDERS INC 150.71 APPLE MACHINE & SUPPLY CO 54.00 COMO OIL COMPANY OF FLORIDA 437.40 DYNAMIC BRANDS LLC 211.40 COMPLETE ELECTRIC INC 793.88 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,577.27 COMPLETE ALARM INC. 250.00 HYDRA SERVICE (S) INC 13,951.00 GUARDIAN ALARM OF FLORIDA LLC 120.00 EFE INC 11,595.57 44,625.11 83 TRANS NBR 6951 6952 6953 6954 6955 6956 6957 6958 6959 6960 6961 6962 6963 6964 6965 6966 6967 6968 P -CARD Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 07/26/2019 07/26/2019 07/26/2019 07/26/2019 07/26/2019 07/26/2019 07/26/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/29/2019 07/30/2019 07/31/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 08/01/2019 VENDOR TOTAL ADMINISTRATIVE SERVICES CORP HUMANE SOCIETY NATIONWIDE SOLUTIONS RETIREMENT INC IRC FIRE FIGHTERS ASSOC NATIONWIDE SOLUTIONS RETIREMENT INC TEAMSTERS LOCAL UNION #769 I R C HEALTH INSURANCE - TRUST IRS -PAYROLL TAXES FL SDU BLUE CROSS & BLUE SHIELD OF FLORIDA INC HIGHMARK STOP LOSS HIGHMARK STOP LOSS VEROTOWN LLC SCHOOL DISTRICT OF I R COUNTY INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS INDIAN RIVER COUNTY SHERIFF CLERK OF CIRCUIT COURT ST LUCIE BATTERY & TIRE CO TD BANK, N.A. AMOUNT 11,945.59 23,680.00 51,791.24 9,709.04 5,016.73 5,282.00 626,746.75 418,687.38 5,678.26 36,250.00 7,561.26 23,033.25 5,000.00 4,687.95 92,596.64 4,076,513.98 86,776.25 1,030.00 10,622.35 5,502,608.67 84 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: August 6, 2019 SUBJECT: Acceptance and Approval of Expenditures of Emergency Management Federally - Funded Subgrant Agreement (EMPG) Agreement Number: G0002 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully maintain and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. EMPG Base Grant funding is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). The Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The State of Florida, Division of Emergency Management provides funding to Indian River County Emergency Management. The total funding allocated with this agreement G0002) is $78,722.00. EMPG allowable costs are divided into the following categories as referenced in the 2019-2022 Emergency Management Strategic Plan: organizational, planning, training, exercise & equipment. FUNDING: This is a 100% funded agreement with a non-federal match provided by the Emergency Management Preparedness Assistance (EMPA- approved by the BCC on July 16, 2019) grant, there are no additional funds required from Indian River County. The term of the agreement is from July 1, 2019 through June 30, 2020. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. 85 RECOMMENDATION: Staff recommends approval of the Federally Funded Subgrant Agreement (G0002), associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Item Amount Account Number Software Services (Annual recurring costs - "Sole Source") • ShareFile (Citrix Online LLC) • WebEOC (ESI Acquisition, Inc.) $34,114.00 00120825-035120-05050 Emergency management related training activities $24,008.00 00120825-033190-05050 Travel to emergency management conferences Registration fees for emergency management conferences $2,000.00 $600.00 00120825-039020-05050 00120825-035430-05050 EOC Enhancements $10,000.00 00120825-035290-05050 Public Outreach $5,000.00 00120825-035290-05050 Public Shelter Storage Carts $3,000.00 00120825-035290-05050 TOTAL $78,722.00 ATTACHMENTS: 1. Three (3) Original Copies of EMPG Agreement (G0002) 2. Indian River County Office of Budget and Management Grant Form 86 GRANT NAME: EMPG Grant AGREEMENT# G0002 AMOUNT OF GRANT: $ 78,722.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3859 1. How long is the grant for? 1 year Starting Date: July 1, 2019 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? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match 100% 5. Grant match amount required $ 78,722.00 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? EMPA Grant 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? (Attach a detail listing of costs) $ N/A 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 N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages (PT) N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 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 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Tad Stone Date: July 19, 2019 87 Grant Other Match Costs First Year $ N/A $ N/A $ N/A $ N/A Second Year $ N/A $ N/A $ N/A $ N/A Third Year $ N/A $ N/A $ N/A $ N/A Fourth Year $ N/A $ N/A $ N/A $ N/A Fifth Year $ N/A $ N/A $ N/A $ N/A Signature of Preparer: Tad Stone Date: July 19, 2019 87 Agreement Number: G0002 FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non -Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub - Recipient for the Sub -Recipient tocarry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Indian River County Sub -Recipient's unique entity identifier (DUNS): Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: $78,722.00 Total Amount of the Federal Award committed to the Sub -Recipient by the pass-through entity: $78,722.00 July 1, 2019 July 1, 2019 to June 30, 2020 $78,722.00 Federal award project description (see FFATA): The purpose of the Emergency Management Performance Grant (EMPG) Program is to provide federal funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards, as authorized by Section 662 of the Post Katrina Emergency Management Reform Act (6 U.S.C. & 762) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. && 5121 et seq.). Title VI of the Stafford Act authorizes DHS/FEMA to make grants for the purpose of providing a system of emergencv preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government, states, and their political subdivisions. The Federal Government, through the EMPG Program, provides necessary direction, coordination, and guidance, and provides necessary assistance, as authorized in this title, to support a comprehensive all hazards emergency preparedness system. The FY 2019 EMPG will provide federal funds to assist state, local, tribal, and territorial emergency management agencies to obtain the resources required to support the National Preparedness Goal's (the Goal's) associated mission areas and core capabilities. The EMPG program supports the Quadrennial Homeland Security Review Mission to Strengthen National Preparedness and Resilience. Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: 1 The Department of Homeland Security (DHS) FL Division of Emergency Mgmt. 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 97.042 No (NA) 29.26% 88 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 2 89 vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in the Scope of Work (Attachment B). Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Kizzy K. Caban 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 815-4348 Email: kizzy.caban(cr�ein.myflorida.com c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Tad Stone 4225 43rd Avenue Vero Beach, FL 32967 Telephone: (772) 226-3859 Email: tstone@ircgov.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3 90 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub -Recipient shall perform the work in accordance with the Budget (Attachment A) and Scope of Work (Attachment B) of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin July 1, 2019 and shall end on June 30, 2020, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in the Budget (Attachment A) and Scope of Work (Attachment B) of this Agreement. The maximum reimbursement amount for the entirety of this Agreement is $ $78,722.00 . d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any 4 91 false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in the Budget (Attachment A) and Scope of Work (Attachment B), that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - 5 92 Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of. the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or 6 93 consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5 -year retention requirement is not applicable to the Sub -Recipient. v. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub-Recipientshall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. 7 94 g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget (Attachment A) and Scope of Work (Attachment B) and all other applicable laws and regulations. J. 8 95 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: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non- compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 9 96 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are September 30, December 31, March 31 and June 30. c. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Quarterly Reports (Attachment D). (13)MONITORING. a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A 10 97 review shall be done for each function or activity in the Budget (Attachment A) and Scope of Work (Attachment B) to this Agreement, and reported in Quarterly Reports (Attachment D). b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by. Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any 11 98 previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or 12 99 waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18)PROCUREMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient 13 100 chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business 14 101 day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. f. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. 15 102 i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A— Proposed Program Budget Detail Worksheet iii. Attachment B — Scope of Work iv. Attachment C — Allowable Costs and Eligible Activities v. Attachment D — Quarterly Reports vi. Attachment E — Justification of Advance Payment vii. Attachment F — Certification Regarding Debarment viii. Attachment G — Warranties and Representations ix. Attachment H — Statement of Assurances x. Attachment I — Mandatory Contract Provisions (20)PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Justification of Advance (Attachment E) will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a 16 103 reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty (30) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. 17 104 c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment F) for each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. 18 105 i. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. m. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or 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, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23)LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 19 106 i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in 20 107 connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub - Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: 21 108 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. ii. 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, sexual orientation, gender identity, or national origin. iii. The contractor 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 contractor's legal duty to furnish information. iv. 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. v. 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. vi. 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. vii. In the event of the contractor's noncompliance with the nondiscrimination clausesof 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 may be imposed and remedies invoked as provided in Executive Order 22 109 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor 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 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. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. 23 110 (27)COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance 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 contractor 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. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to 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), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 24 (30)SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. 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 (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). ii. 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. iii. This certification is a material representation of fact relied upon by the Division. 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 the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. 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. (31)BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: 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. 25 112 (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. 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; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33)ASSURANCES. The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 26 113 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: By: INDIAN RIVERCOUNTY Name and Title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Jared Moskowitz, Division Director Date: 27 114 EXHIBIT —1 I. FEDERAL RESOURCES AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Sub -Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. II. FEDERAL PROGRAM Federal agency: Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD) Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number): 97.042 Notice of Funding Opportunity Title: Emergency Management Performance Grants NOFO Number: DHS -19 -GPD -042-04-01 Authorizing Authority for Program: Section 662 of the Post -Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C. § 762); the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42 U.S.C. §§ 5121 et seq.); the Earthquake Hazards Reduction Act of 1977, as amended (Pub. L. No. 95-124) (42 U.S.C. §§ 7701 et seq.); and the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90- 448) (42 U.S.C. §§ 4001 et seq.). Appropriation Authority for Program: Department of Homeland Security Appropriations Act, 2019 (Pub. L. No. 116-6) Award amount: $ $78,722.00 III. COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Federal Program: List applicable compliance requirements as follows: 1. 2 C.F.R. 200, Uniform Administrative Requirements for Federal Grants 2. Chapter 252, Florida Statutes 3. Fiscal Year 2019 Notice of Funding Opportunity NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 28 115 ATTACHMENT A PROPOSED PROGRAM. BUDGET DETAIL WORKSHEET Funding from the Emergency Management Performance Grant is intended for use by the Sub -Recipient to perform eligible activities as identified in the Fiscal Year 2019 Notice of Funding Opportunity (NOFO) and must be consistent with 2 C.F.R. Part 200 and Chapter 252, Florida Statutes. The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Sub -Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment B). Prior to execution of this Agreement, the Sub -Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. If the Sub -Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Sub -Recipient may change the allocation amounts in the "Proposed Program. Budget Detail Worksheet." If the Sub -Recipient changes the "Proposed Program Budget Detail Worksheet", then the Sub -Recipient's quarterly report must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. Grant Recipient Agency Category Amount Allocated FY 2019-2020 Emergency Management Performance Grant INDIAN RIVER COUNTY Planning Organization Equipment Training Exercise. Management & Administration (Up to 5% of total award) Total Award $78,722 29 116 FY 2019-2020 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES (Not limited to activities below) Allowable Planning Costs Quantity Unit Cost Total Cost Development of Emergency Plans Salaries Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ Allowable Organization Costs Quantity Unit Cost Total Cost Salaries I Utilities (electric, water and sewage) 1 Service/Maintenance agreements Office Supplies/Materials IT Software Upgrades Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES $ Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment CBRNE Reference Materials 30 117 31 118 CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Other authorized equipment costs 21GN-00-OCEQ - EOC equipment & supplies (provide description of EOC equipment & supplies) TOTAL EQUIPMENT EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Salaries Develop, Deliver Training Workshops and Conferences Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits — Hiring of contractors or consultants Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration Costs (Up to'5% of total award) Quantity Unit Cost Total Cost 31 118 Salaries and Fringe Benefits TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $78,722 REVISION DATE: 32 119 ATTACHMENT. B SCOPE OF WORK The Emergency Management Performance Grant (EMPG) subgrant agreement authorizes reimbursement for eligible activities as identified in the Fiscal Year 2019 Notice of Funding Opportunity (NOFO). FY2019 allowable costs are divided into the following categories: • Planning; • Organization; • Equipment; • Training; • Exercise; and, • Management and Administration. Eligible activities are outlined in Allowable Costs and Eligible Activities. The EMPG's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program by enhancing county emergency management plans and programs that are consistent with the State and Local Comprehensive Emergency Management Plans and Chapter 252, Florida Statutes. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. Each Emergency Management staff person must work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within their jurisdiction. By signing this Agreement, the Sub -Recipient certifies that it will use these funds to enlhance the county's Emergency Management Program. 33 120 Tasks & Deliverables: The Sub -Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly Tasks (Form1 B) will need to be provided each quarter to show completion or working towards the completion of each task. Quarterly deliverables must be uploaded into the Division's SharePoint portal at https://portal.floridadisaster.orq each quarter as stated in the scope of work. The Sub -Recipient must also provide a certification of completion on the deliverable checklist. 1. Match. Throughout the period of performance for this Agreement, the Sub -Recipient shall use non - Federal funds to match dollar for dollar all funds provided under this Agreement. Deliverables (due each quarter): • Provide Quarterly Match Form 3A to identify the non-federal match amount; • Supporting documentation is required if the federal obligation exceeds the EMPA award amount or using local funds to satisfy the match requirement. If using EMPA as match no additional supporting documentation is required. Supporting documentation must include invoices, receipts, paystubs, earning statements, cancelled checks, credit card statements, bank statements for proof of paymentat least equal to the amount of reimbursement requested for that quarter. 2. Validating Capabilities - National Incident Management System (NIMSI. All EMPG-funded personnel shall complete either the Independent Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute (EMI). or at a sponsored state, local, tribal, territorial, regional or other designated location. Further information on the National Emergency Management Basic Academy and the Emergency Management Professional Program can be found at: https://training.fema.gov/empp/. Previous versions of the IS courses meet the NIMS training requirement. A complete list of Independent Study Program Courses may be found at http://traininq.fema.gov/is. In addition to training activities aligned to and addressed in the Training and Exercise Plan (TEP), all EMPG funded personnel must complete the following training requirements and record proof of completion: NIMS Training, Independent Study (IS) -100 (any version), IS -200 (any version), IS -700 (any version), and IS -800 (any version), and Professional Development Series (PDS) or. the Emergency Management Professionals Program (EMPP) Basic Academy Deliverable (due each quarter): • The FDEM Form 4 - Staffing Detail for all funded EMPG personnel; • Position descriptions for funded EMPG personnel and any position being used as match; • Training certificates for funded EMPG personnel listed on the FDEM Form 4 — Staffing Detail. If certificates are uploaded into SERT TRAC, the Grant Manager will request a copy of the transcript from the Training and Exercise Unit (T&E). NOTE: For quarters 2, 3, and 4, additional course completion documentation is required only if: • New personnel are listed on the Staffing Detail Form. 34 121 3. Training and Exercises. The Sub -Recipient shall develop and maintain a Multi -Year Training and Exercise Plan (MYTEP) that identifies a combination of exercises and associated training requirements that address priorities identified in the TEPW and builds from training gaps identified in the county assessment process. Training activities must enhance the capabilities of emergency management personnel, including establishing, supporting, conducting, and attending training deliveries. Training activities should align to a current, MYTEP developed through an annual Training and Exercise Plan Workshop (TEPW) and should reflect efforts to address training capabilities gaps. Exercises play a vital role in national preparedness by enabling whole community stakeholders to test and validate plans and capabilities, and identify both capability gaps and areas for improvement. Exercises also test capabilities, familiarize emergency management personnel w'th roles and responsibilities, and foster meaningful interaction and communication across organizations. Exercises bring together and strengthen the whole community in its efforts to prevent, protect against, mitigate, respond to, and recover from all hazards. Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current, Multi -Year TEP developed through an annual TEPW. Deliverables: • Provide the percentage of completed training and exercise activities listed on the current MYTEP (due each quarter); Update the County 2021-2023 MYTEP by April 30, 2020 (due 4th quarter); • Provide sign in sheet or certificate of participation in at least three (3) exercises for funded EMPG personnel during the period of performance (due 2nd through 4th quarter) 4. Inventory Management -Distribution Management Plan. All EMPG Sub -Recipients must provide an Inventory Management component to the Division's Distribution Management Plan to include the identification of resources including commodities, equipment and supplies in the event of a disaster. Section 252.35 (2)(g), Florida Statutes, requires the Division to: • Ascertain the requirements of the state and its political subdivisions for supplies and equipment of all kinds in the event of a disaster; and • Plan for and either procure supplies, medicines, materials, and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability. Completion of this requirement ensures statewide resource requirements are identified. Deliverable (due 4th quarter): Provide an inventory list of resources on the Logistics Distribution Inventory Management form. All fields must be completed, items must be "typed" appropriately, and physical location recorded. The Logistics Distribution Inventory Management form can be located in the. Division's SharePoint portal. 35 ATTACHMENT C ALLOWABE COSTS AND ELIGIBLE ACTIVITIES I. Categories and Eligible Activities The 2019 EMPG Funding Guidance allowable costs are divided into the following categories: planning, organization, equipment, training, exercise, and management and administration. Allowable Costs A. Planning Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. EMPG Program funds may be used to develop or enhance emergency management planning activities. Some examples include, but not limited to: • Emergency Operation Plans • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans • Local Comprehensive Emergency Management Planning Planning Costs Supporting Documentation: Provide copies of completed plan, contracts, Memorandum of Understanding or agreements with consultants or sub -contractors providing services and documenting hours worked and proof employee was paid (paystubs, earning i,statements, payroll expenditure reports). Copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. B. Organization EMPG Program funds may be used for all -hazards emergency management operations, staffing, and other day-to-day activities in support of emergency management. Personnel costs, including salary, overtime and backfill, compensatory time off, and associated fringe benefits, are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E — Cost Principles. Eligible "Organization Cost" items include, but are not limited to: • Salaries and Fringe Benefits - provide copies of certified timesheets with employee and supervisor signature documenting hours worked or FDEM Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports). • Utilities (electric, water and sewage) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials 36 123 • IT Software Upgrades • Memberships • Publications • Postage • Storage • Other Personnel/Contractual Services • Reimbursement for services by a person(s) who is not a regular or full time employee filling established positions. This includes but is not limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. • Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. • Maintenance and Enhancement • Major repairs to the County Emergency Operations Center (Need prior EHP approval) • Central Heat/Air (Need prior EHP approval) • Out buildings for storage of Emergency Management Equipment (Need prior EHP approval) • Security Improvements (i.e. Cameras and equipment to operate) • Generators and Installation (Need prior EHP approval) Maintenance and Sustainment The use of FEMA preparedness grants funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide Sub -Recipients the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/media-library/assets/documents/32474. Organization Costs Supporting Documentation: For salaries, provide copies of certified timesheets with: employee and supervisor signature documenting hours worked or FDEM Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, payroll expenditure reports). Expense items need to have copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). The Quarterly Tasks (Form 1 B) is due every quarter with the quarterly financial report. This is to identify emergency management personnel, all EMPG funded employees and the completion of the required tasks and deliverables as outlined in the scope of work during the agreement period. 37 124 C. Equipment Allowable equipment categories for the EMPG Program are listed on the web -based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA -adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment: Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) In addition to the above, general purpose vehicles are allowed to be procured in order to carry out the responsibilities of the EMPG Program. If Sub -Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification. Sub -Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) must comply with Information Bulletin (IB) 426 and must include the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties in the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPG. DHS/FEMA must approve a state's five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000. Equipment Acquisition Costs Supporting Documentation: Provide copies of i f voices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. Provide the Authorized Equipment List (AEL) # for each equipment purchase. D. Training EMPG Program funds may be used for a range of emergency management -related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current, Multi -Year TEP developed through an annual TEPW. Training should foster the development of a community 38 125 oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. All EMPG-funded personnel are expected to be trained emergency managers. In addition to training activities aligned to and addressed in the TEP, all EMPG -funded personnel (including full- and part- time state, local, tribal and territorial (SLTT) recipients and subrecipients) shall complete the following training requirements and record proof of completion: (1) NIMS Training, Independent Study (IS) -100 (any version), IS -200 (any version), IS -700 (any version), and IS -800 (any version) AND; (2) Professional Development Series (PDS) OR the Emergency Management Professionals Program (EMPP) Basic Academy listed in the chart below. Professional Development Series or Basic Academy PDS Professional Development Series OR Basic Academy Basic Academy Pre -requisites and Courses IS -120.a An Introduction to Exercises IS -100 (any version) Introduction to the Incident Command System IS -230.d Fundamentals of Emergency Management IS -700 (any version) National Incident Management System (NIMS)-An Introduction IS -235.b Emergency Planning IS -800 (any version) National Response Framework, An Introduction IS -240.b Leadership and Influence IS -230.d Fundamentals of Emergency Management IS -241.b Decision Making and Problem Solving E/L101 Foundations of Emergency Management IS -242.b Effective Communication E/L102 Science of Disasters IS -244.b Developing and Managing Volunteers E/L103 Planning Emergency Operations E/L104 Exercise Design E/L105 Public Information & Warning Additional types of training or training related activities include, but are not limited to, the following: • . Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute (EMI) training or delivering EMI train -the -trainer courses • Attending other FEMA -approved emergency management training 39 126 • State -approved, locally -sponsored CERT training • Mass evacuation training at local, state, and tribal levels Allowable training -related costs include the following: • Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Multi -Year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analyze, Design, Develop, Implement and Evaluate (ADDIE) model for instruction design. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related toapproved training. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. • Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. When conducting a training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the FDEM State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro - rata basis for any training with less than 15 participants. Conferences The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." 40 127 Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: [T]he coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. In order for travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states "No public funds shall be expended for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the particular conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules." Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state."). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. 41 128 Class A, Class B, and Class C Travel: • Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). • Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. • Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: • $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.); • $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); and, • $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed: • The authorized per diem for each day of travel; or, • If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates: The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: • For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see https://www.qsa.qov/portal/content/104877). Hotel Accommodations: A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one- way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. 42 129 Training Costs Supporting Documentation: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services. Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment and a copy of the agenda, certificates and sign in rosters (if using pre populated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPG activities, copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference. If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub - Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and participation of the individual in the travel is necessary to the Federal award. E. Exercises Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current, Multi -Year Training and Exercise Plan (MYTEP) developed through an annual Training and Exercise Planning Workshop (TEPW). Allowable exercise -related costs include: • Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Sub -Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). 43 130 • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Sub -Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division at least twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Unauthorized exercise -related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage. • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs) • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct Exercise Costs Supporting Documentation: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services. Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment and a copy of Exercise Plan (EXPLAN), After -Action Report/Improvement Plan (AAR/IP) and sign in sheets for conducted exercises (if using pre populated sign in sheets they must be certified by the Emergency Management Director or Lead Exercise Planner verifying attendance). F. Management and Administration (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Management and Administrative Costs Supporting Documentation: For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or FDEM Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports). Costs for M&A activities are allowed up to 5% of the total award amount. Indirect Costs Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the exception of Sub -Recipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(f), Sub -Recipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this award. A copy of the approved rate (a fully executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time of application, and must be provided to FEMA before indirect costs are charged to the award. 44 131 I. Construction and Renovation Construction and renovation projects for a state, local, territorial, or Tribal government's principal Emergency Operations Center (EOC) as defined by the SAA are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (located in the Related Documents tab of the EMPG grants.gov posting) to their Regional EMPG Manager for review. Additionally, recipients are required to submit a SF -424C Form and Budget detail citing the project costs. When applying for funds to construct communication towers Sub -Recipients must submit evidence that the Federal Communication Commission's (FCC) Section 106 review process has been completed and submit all documentation resulting from that review to GPD prior to submitting materials for EHP review. Sub -Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all state and EHP laws and requirements). Projects for which the Sub -Recipient believes an Environmental Assessment (EA) may be needed, as defined in as defined in DHS Instruction Manual 023-01-001-01, Revision 01, FEMA Directive 108-1 and FEMA Instruction 108-1-1, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award, and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to gpdehpinfo(a)fema.gov. EMPG Program Sub -Recipients using funds for construction projects must comply with the Davis - Bacon Act (40 U.S.C. §§ 3141 et seq.). Grant Sub -Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website: https://www.dol.qov/whd/govcontracts/dbra.htm Unallowable Costs • Unallowable Equipment: Grant funds must comply with IB 426 and may not be used for the purchase of the following equipment: firearms, ammunition, grenade launchers, bayonets, or weaponized aircraft, vessels, or vehicles of any kind with weapons installed. • Expenditures for weapons systems and ammunition • Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities • Activities and projects unrelated to the completion and implementation of the EMPG Program In general, Sub -Recipients should consult with their Grant Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Guidance. II. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants - funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub - Recipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting 45 132 documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Additionally, all Sub -Recipients are required to comply with DHS/FEMA EHP Policy Guidance, FEMA Policy #108-023-1. The EHP screening form is located https://www.fema.gov/media- Preparedness Grants Manual I April 2019 Page 19 library/assets/documents/90195, and further EHP guidance can be found at https://www.fema.gov/media-library/assets/documents/118323. Procurement All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. FINANCIAL CONSEQUENCES: Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, may result in the following penalty: • A 10% reduction of the overall amount authorized by this Agreement. The Division shall apply the penalty each quarter during which the Recipient fails to successfully complete each of the required tasks. During this Agreement, up to four penalties may be imposed; and, each penalty shall be applied cumulatively. If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task required by this Agreement, then the Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition of a financial consequence. 46 133 ATTACHMENT D QUARTERLY REPORTS Sub -Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year; and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. Reporting Period Report due to FDEM no later than July 1 through September 30 October 30 October 1 through December 31 January 30 January 1 through March 31 April 30 April 1 through June 30 July 30 The Sub -Recipient shall provide the Division with full support documentation for the quarterly financial reports. A. The Quarterly Tasks Form 1B is due with your quarterly financial report each quarter. This form identifies the required tasks and deliverables as outlined in the scope of work and identifies funded EMPG personnel during the agreement period. B. The Quarterly Match Form (Form 3A) is due each quarter for Sub -Recipients to identify funds being used to match the federal obligation. If the federal obligation exceeds EMPA or using local funds supporting documentation is required. The Sub -Recipient must identify the non-federal match on Form 3A and provide supporting documentation if applicable (i.e. invoices, cancelled checks, earning statements, payroll expense reports, credit card statements, bank statements, etc.). Cost -matching requirements must be in accordance with 2 C.F.R. 200.306. To meet matching requirements, the Sub -Recipient contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. C. The final Close Out report is due sixty (60) days after termination of this Agreement. Federal funds provided under this agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting documentation needs to be provided (i.e. invoices, canceled checks, earning statements, payroll expense reports, credit card statements, bank statements). 47 134 D. Programmatic Point of Contact: Contractual Point of Contact Programmatic Point of Contact Kizzy K. Caban FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4348 Kizzy.Caban@em.myflorida.com Karen Lyons FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4325 Karen.Lyons@em.myflorida.com 48 135 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ) ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20_-20_ Anticipated Expenditures for First Three Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that. clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 49 136 ATTACHMENT F Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub -Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Sub -Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 50 137 ATTACHMENT.G WARRANTIES AND REPRESENTATIONS Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.326). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient. 51 138 ATTACHMENT H STATEMENT OF ASSURANCES The Sub -Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et. seq.) 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's. (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for 52 139 inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its sub -recipients and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems. Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and: G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Sub -Recipient of funds, the Sub -Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 53 140 ATTACHMENTI MANDATORY CONTRACT PROVISIONS Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 54 141 OMB Guidance (D) Davis -flacon Act, as amended (40 U.S.C. 3141-8148). When required by Federal program legislation- all prime construction contracts In excess of 4000 awarded by non -Federal entities must include a provision for compli- ance with the Davis -Bacon Act (40 U.S.C. 3141-0144. and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5. "Labor Standards Provisions Appli- ceble to Contracts Covering Federally Fi- nanced and Assisted Construction"). In ac- cordance with the statute. contractors must be required to pay waw to laborers and me- chanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor_ Iin addition, contractors must be required to pay wages not Less than onoe a wee -k- The non -Federal entity must place a cow of the current pre- vailing wage determination Issued by the De- partment of Labor in each solicitation. The decision to award a contract or subcontract most be oondltaoned upon the acceptance of the wage determination_ The non -Federal en- tity must report all smapected or reported violations to the Federal awarding_ agency. The contracts must also include a provision for compliance with the Copeland "Anti - Kickback" Act (40 U.S.C. 3145), as supple- mented by Department of Labor rognlatlons (29 CNIt Part 3. "Contractors and Sub- contractors an Public Building or Public Work Financed In Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or sub - recipient must be prohibited from inducing. by an,, means. any person employed in the construction, completion, or repair of public work. to give up any part of the cainpensa- tion to which he or sire is otherwise entitled. The non -Federal entity must report all sus- pected or reported violations to the Federal awarding agency_ (E) Contract Work Flours and Safety Standards Act (40 U.S.C. 370108)_ Where applicable. all contracts awarded be the non - Federal entity in excess of 1100.000 that in- volve the employment of mechanics or labor- ers must include a provision for compliance with 40 U.S.C. 3702 and 3701- as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act. each contractor must be regmnnd to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in ear of the standard work week Is permissible provided that the worker is com- pensated at a rate of not less than one and a half timers the basic rate of pay for all hours worked In oxen s of 40 hours in the work week- The requirements of 40 U.S.C. 3704 are applicable to ccnstracteon work and provide that no laborer or mechanic must be re- quired to work in surroundings or under working conditions which are unsanitary. haeerdous or dangerous_ Time requirements do not apply to the purebeees of supplies or 55 Pt. 200, App. 11 materials or articles ordinarily available on the open market, or contracts for transpor- tation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "hairline agreeinent" under 37 CFR §401.2 (a) and the recipient or subreciplont wishes to enter into a. contract with a small business firm or nonprofit orea- nlration regarding the substitution of par- ties, assignment or performance of experi- mental, der-elopthental, or research work under that "funding agreement," the recipi- ent or subrecrplont must comply with the re- quirements of 37 CFR Part 401. "Rights to In- ventions Made by Nonprofit Organizations and. Small Business Firms Under Govern- ment Grants, Contracts and Cooperative Agreements." and any implementing regula- tions issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7171q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-121). as amended—Contracts and snbgrants of amounts in excess of M50.000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards. orders or regula- tions issued pursuant to the Clean Air Act (42 U.S.C. 7401-7271q) and the Federal Water PoUntlon Control Act as amended (23 U.S.C, 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (11) Mandatory standards and policies re- lating to energy efficiency which are con- tained in the state energy conservation plan issued in compliance with the Energy Folks .and. Conservation Act (42 U.S.C. 6201). (I) Debarment and Suspension (Executive Orders 1=49 and 12689)—A contract award (see 2 CPR 180220) must not be made to par- ties listed on the governmentwide Excluded Parties List System 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 19H6 Comp_, p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235). "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred. sus- pended, or otherwise excluded by agencies, as well as parties declared Ineligible under stat- utory or regulatory authority other than Ex- ecutive Order 12549. (.I) Byrd Anti -Lobbying Amendment (31 U.S.C. 12 2) --Contractors that apply or bid for an award of 8100000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated fends to pay ally person or organization for Influencing or at- tempting 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 ob- taining any Federal contract. grant or any 195 142 Pt. 200, App. t11 other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal Rinds that takes place In con- nection with obtttrnrw . any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (K) See §2130:322 Procurement of recovered materials. APPENDIX III TO - PART 202—INDIRECT (F&A) Cos7is IDENTIFICATION AND ASSIGNMENT, AND RATE DETERMINA- TION FOR INSTITUTIONS OF HIGHER EDL CATION (IHEs) A. Gm -Fp AT This appendix provides criteria for ldentl- $v1ng and campating .Indirect (or indirect (F&A)) rates at (institutions)_ Indirect (F&A) costs are those that are incurred for common or joint objectives and therefore cannot be Identified readily and specifically with a particnlar sponsored project, an In- structional acts Rte,, or any other Institu- tional acttvltly. See subsection B.1. Defini- tion of Facilities and Administration, for a discussion of the components of indirect (F&A) costs. f. dfefor Functions of an Institution, • Refers to instruction. organized research, ether sponsored activities and other institu- tional activities as defined in this section_ a. Instruction means the teaching and training activities of an institution_ Except fee research training, as provided In sub- section b. thts term Includes all teaching and teaming activities, whether they are offered for credits toward a degree or certificate. or on a mon-credit basis. and whether they are offered through regular academic depart, runts or separate divisions, such as a sum- mer school division or an extension division. Also considered part of this major tinction are departmental research. and. where agreed to. university research. (1) Sponsored instruction and tralntno means specific •mstructlonal or training activity. es- tablished by grant, contract, or cooperatite agreement For purposes of the cost prin- ciples. this activity, may be considered a major function even though an Institution's accounting treatment may include It In the instruction fimction. (2) Departmental research means research. devolopinent and scholarly activities 'that aro not organized research and, con- sequently. are not separately budgeted and accounted for. Departmental research. for parpases of this document, is not considered as a major function, but as a part of the in- struction function of the institution_ b. Organized research means all research and development activities of an Institution that are separately budgeted and accounted for_ It includes: 56 2 CFR Ch. 11(1-1-14 Edition) (1) Sponsored research means all research and development activities that are spon- sored by 'Federal and non -Federal agencies • and organizations. This term includes activi ties involving the training of individuals in research techniques (commonly called re- search training)'where such activities utilize the same faculties as other research and de- velopment activities and where such activi- ties are not included in the instruction iiinc- tion. (2) University research means all research and development activities that are sopa- rately budgeted and accounted for by the in- stitution under an internal application of in- stitutional funds. university research. for purposes of this document. must be com- bined with sponsored research under the function of organized research. c_ Othei sponsored actinides means programs • and projects financed by Federal and non - Federal agencies and organizations which in- volve the ,performance of Work oilier than in- struction and organized research. Examples of such programs and projects are health service.projects and community service pro- grams. However, when any of these activitles are undertaken by the institution without • outside support, they may be classified as other institutional activities. d_ Other institutional actinides means all ac- tivities of an institution except for instruc- tion, departmental research; organized re- search..and other sponsored activities. as de- fined In this section: indirect (F&A) cost ac- tivities identified In this Appendix para- graph B. Identification and assignment of In- direct (F&A) costs; and.spectallzed services facilities described 1n §200.4ti8 Specialized service facilities of this Part. Examples of other institutional activities include operation of residence halls, dining hails. hospitals and clinics, student unions. tntercollegiate athletics. bookstores, faculty housing. student apartments, guest houses, chapels, theaters, public.museums. and other similar auxiliary enterprises. This definition also Includes any Other categories of activi- ties. costs of which are "unallowable" to Federal awards, unless otherwise indicated In an award. 2:.Cri.terta for Distribution a_ Rase period_ A base ;period for distribu- tion of indirect (F&A) costs Is the period daring which the costs are incurred. The base period normally should coincide with the fiscal 'year established by the institution, but in any avant the base period should be so selected as to avoid inequities In the dis- tribution of casts_ b. Need for cost preuplrgs. The overall ob- jective of the Indirect (F&A). cost allocation process is to distribute the indirect (F&A) costs described to Section B. Identification and assignment of Indirect (F&A) costs. to 196 143 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: THROUGH: Tad Stone, Director Department of Emergency Services Honorable Board of County Commissioners Jason E. Brown, County Administrator FROM: DATE: SUBJECT: Erin Baskins, Staff Assistant IV Department of Emergency Services July 10, 2019 Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity for Senior Resource Association to Provide Wheelchair Services. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. Background: On August 15, 2017, the Indian River County Board of County Commissioners approved a renewal of Class "E" Certificate of Public Convenience and Necessity for Indian River County Senior Resource Association 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 and will expire October 2, 2019, and the renewalprocess should be accomplished prior to that date. 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 Senior Resource Association. 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: 144 Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "E" Certificate of Public Convenience and Necessity for the Senior Resource Association, to be effective for a period of two (2) years from October 2, 2019 to October 2, 2021. ATTACHMENTS: 1. Renewal Application From Senior Resource Association (Full application available in the office of Emergency Services) 145 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Senior Resource Association DATE: 7/1/2019 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 0 LIB LS ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B 0 ❑BLS DALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C 0 ❑BLS ❑ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D 0 BLS IALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E II / Wheelchair ❑ Wheelchair/Stretcher fl 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 Ambulatory 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. 146 II. COMPANY DETAILS 1. NAME OF AMBULANCE SERVICE: Senior Resource Association, Inc. MAILING ADDRESS: 4385 43rd Avenue CITY Vero Beach COUNTY Indian River ZIP CODE: 32967 BUSINESS PHONE: 772-469-3151 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): Private Non -Profit MANAGER'S NAME: Karen Deigl ADDRESS: 694 14th Street Vero Beach Florida 32960 PHONE #: 772-473-2935 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME Karen Deigl ADDRESS 694.14th Street POSITION CEO Jennifer Johnson 1876 Grey Falcon Cir SW CFO Cheryl Stephens 8132 NW Greenbank Cir CPO 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME Phil Matson ADDRESS 1801 27th Street PHONE # 772-226-1455 Sharyne Wishard 4225 43rd Avenue 772-226-3857 Beth Martin 1800 27th Street 772-226-1287 147 FUNDING SOURCE: Federal Transit Administration, FDOT, Local County Govt. BOCC 7. RATE SCHEDULE ATTACHED? YES {Z1 NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: 4385 43rd Avenue Vero Beach FL 32967 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: XG-25M Front Mounted Mobile Radio 1. RADIOFREQUENCY (ies) 2. RADIO CALL NUMBER(s) T2500 700 Megahurtz Goline & Community Coach Vehicle # Edx 800 Megahurtz (will be going away) Goline & Community Coach Vehicle # LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION 9-1-1 Emergency Dispatch 9-1-1 Emergency Dispatch 148 1V. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: 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 accidents and injuries, system for providing Y handling Y p 9 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: a. Make, Model, Year, Manufacturer b. Mileage c. VIN# d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 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 149 v. NOTARIZED STATEMENTS Fill in Statements as applicable. E or El APPLICANTS Karen DeigI , the representative of Applicant Name Senior Resource Association, 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 , 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 I 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_. My commission expires: NOTARY PUBLIC 150 Transportation Disadvantaged Trust Fund Service. Rates - Indian River County 201.9-2020 Community Transportation Coordinator: Senior Resource Association, Inc. Effective Date: 07/01/2019 Type of Service Provided Unit (Passenger . Mile or Trip) Cost per Unit Ambulatory Trip $24.64 Wheelchair Trip $42.24 Group Rate -Per Passenger Trip $18.22 Group Rate -Per Group Trip $23.84 151 Senior Resource Association VehiCle Inventory SRA Vehicle Number Year Make Model Till# VIN# Mileage 7/1/2019 Capacity 192 2006 FOR 16' VAN TERRA 2J1J74 . 1FDWEJ5L56HA26499 211,5J6 12Amb & 2WC 194 2006 FOR 16' VAN TERRA 2J1 J79 1 FDWEJ5L976HA4J742 • 249,206 12 Amb & 2 wC 197 2005 FOR 16' VAN TERRA 2J1J8J 1 FDWEJ5LX5HB248J2 2J0,482 12 Amb & 2WC 205 2007 CVY 16' TURTLE TOP X82999 1GBJGJ1UJ711J66J5 281,JJ5 12.Amb& 2 WC 206 2007 . CVY 16' TURTLE TOP X82997. 1GBJGJ1U0711J7760 277,807 12Amb &2WC 207 2007 CVY 16' TURTLE TOP X82998 1GBJGJ1U0711J8472 288,747 12 Amb & 2 wC 208 2007 CW GLAVAL J1'- Bus 220295 • 1GBE5V1947F42246J . JJ8,458 24Amb & 2 wC 209 2007 CVY GLAVAL J1'- Bus 220296 1GBE5V19X7F422676 . J24,0J0 24Amb & 2 WC 210 2009. GMC GLAVAL J1'- BUS 220J15 1GDE5V19J9F4027JJ 274,J40 24Amb&2 WC 211 2009 • GMC GLAVAL 31'- BUS 220J16 1GDE5V1999F4028J4 J94,859 24Amb&2 wc 21J 2009 . CVY 16' VAN TERRA X55956 1GBJGJ1K191166J01 2J1,6J8 12Amb & 2 w 214 2009 CW 16' VAN TERRA X5592B 1GBJGJ1K491167426 24J,J07 12 Amb & 2 we 216 2009 CVY 16' VAN TERRA X269JB 1GBJGJ1K491167460 258,88J 12Amb & 2 wc 217 2009 CVY 16' VAN TERRA X55946 1GBJGJ1K491166499 267,5J0 12Amb & 2 wc 218 2009 GMC GLAVAL J1'- BUS 2J0547 1GBE5V1929F407981 40J,J29 24Amb & 2 w 222 2009 GMC GLAVAL JI'- BUS 2J054J 1GBE5V1949F41J18J 429,578 24Amb& 2WC 228 201J • CHBU 27' International Bus TC6JJJ 5WEXWSKKODHJ8J661 24J,560 24Amb& 2 wc 2J0 201J CHBU 27' International Bus TC6JJ1 5WEXWSKK4DHJ8J66J 255,159 24Amb & 2 wc 2J2 201J GIL . 29' Gillig TD211J 15GGE2719D1092JJ9 . J18,670 26Amb & 2 w 2JJ 201J GIL . J5' Gillig TD2114 15GGB2712D1180870 . 214,911 JOAmb & 2 WC 2J4 201J. GIL J5' Gillig • TD2115 15GGB2714D1180871 258,764 JOAmb & 2 WC 2J5 2012 VPG MV1 X74746 52JMF1A65CM1012J0 68,599 JAmb & 1 WC 2J7 2012 VPG MV1 X74756 52JMF1A62CM101556 65,6J0 JAmb& 1 WC 2J8. 2012 VPG MVI X74796 52JMF1A60CM101572 70,J50 JAmb & 1 wc 2J9 201J FRD Champion X74816 1FDFE4FS6DDA92981 116,871 12Amb&2WC 241 2015 GIL 29' Gillig TD775J 15GGE2712F1092928 . 407,884 26Amb&2 wc 242 2015 GIL 29'Gillig . • TD7754 15GGE2712F1092929 J53,474 26Amb&2WC 24J 2015 FRD 16' TURTLE TOP . TF2J78 1FDWEJFLJFDA2806J 142,J99 12Amb&2WC 244 2015 FRD 16' TURTLE TOP • EF2R89 1FDWEJFL7FDA28065 114,675 12Amb & 2 w 245 2016 GIL 29' Gillig TE7J75 15GGE271JG1092986 145,022 26Amb & 2 wc 246 2016 FRD 24' Turtle Top TF2J21 1FDFE4FS6FDAJ5294 175,1J7 15Amb & 2 we 247 2016 FRD 24' Turtle Top TF2J20 1FDFE4FS8FDAJ5295 199,551 15Amb & 2 wc 248 2016 FRD 24' Turtle Top TF2J22 1FDFE4FSXFDAJ5296 274,625 15Amb &2wc 249 2016 FRD 29' Turtle Top Odyssey TF2J77 1FDGF5GYGEC06851 110,26J 24Amb&2 wc 250 2016 FRD 29' Turtle Top Odyssey EFSB41 1FDGF5GY7GEC06852 129,461 24Amb&2WC 251 . 2017 FRD Champion X42JOD . 1FDFE4FS2HDCOJ161 71,J49 12Amb & 2 wc • 252 2017 FRD Turtle Top X010JD 1FDWEJF6XHDC58874 56,812 12Amb &2wc 25J • 2018 Freightliner Defender TG1798 4UZADRFDOJCKC490J 51,974 24Amb&2 wc 254 2018 Freightliner Defender • . TG1799 4UZADRFD2JCKC4904 44,015 24Amb&2WC 255 2018 Freightliner Defender TG1796 4UZADRFD1JeKC41J4 59,881 24Amb&2WC 257 2018 Dodge Van X6066D 2C7WDGBG7HR8J85JJ 8,J06 5Amb & 1 wc 258 2018 FRD Champion X6740D ' 1FDFE4FS2HDC60797 • J5,682 12 Amb &2 we • 259 2018 CVY Defender X6745D 1HAJGRBGOHN008570 J4,172 8Amb&2WC 260 2018 CVY Defender X9244D 1HAJGRBG7HN008467 J8,926 8Amb&2WC 261 201J FRD Diamond IH81CT 1FDEEJFL9DDA5JOJ9 216,654 12Amb & 2 we 262 2014 FRD Diamond IH8JCT 1FDEEJFS1EDA17080 190,02J 12Amb & 2 w 152 Almedina, Luis A 4 53 5 2 1 7 9 4 1 5 0 8 11/15/2022 B elizaire, Leda B 4 2 6 5 2 0 6 9 8 6 6 1 E 10/6/2019 Blazuk, John Joseph 6 4 2. 2 4 7 0 5 0 3 7 5 0 8 10/15/202C Baranski, Robert B 61 52 7 616 412 2 6 9 0 E 7/29/2025 Brown, Thomas B 6 510 813 6 5 5 1 617 0 B. 5/7/2026 Bryant, Thalia B 6 5 3 8 0 0 6 8 5 5 8 0 E 2/18/2020 Bynoe, Katilya 6 5 0 0 5 1 4 7 4 8 3 2 0 B • 9/12/2021 Cantrell, Anthony C 5 3 6 8 0 3 6 3 3 3 8 0 8 9/18/2027 Cazeau, Hosny C 2 0 0 3 2 0 6 5 0 4 4 0 A 2/4/2021 Cicero, Frank C 2 6 0 2 5 6 4 6 3 3 4 0 8 9/14/2023 Collins, Iris C 4 5 2 4 0 2 6 5 7 9 7 0 8 8/17/2019 Eastup, Raymond E 2 3 1 7 2 6 3 4 2 1 2 0 E 6/12/2023 Edwards, Durval E 3 6 3 1 6 0 5 9 1 2 2 0 B 4/2/2023 Forste, Robert F 6 2 3 7 6 6 4 :7 3 6 3 0 C 10/3/2022 Francois, Pierre F 6 5 2 6 7 6 6 9 :0 9 5 0 E 3/15/2022 Freckleton, Tanya F 6 2 4 8 1 3 8 2 6 4 9 0 8 4/29/2022 Garcia, Luis G 6 2 0 5 3 4 6 6 3 3 8 0 A• 9/18/2019 Gonzalez, Hector G 5 2 4 3 2 6 5 9 0 1 8 0 E 1/18/2027 Gonzalez, Roberto G 5 2 4 7 2 0 6 3 4 6 2 1 B 12/22/2022 Grehan,Nancy • G 650 6 32726720 B 5/12/2019 Gutierrez Chavez,Glldardo G 3 6 2 2 8 0 7 7 1 6 4 0 8 5/4/2027 Heindl, Michael 11 5 3 4 5 5 0 5 8 2 8 6 0 8• 8/6/2021 Hill Claude H 4 0 0 1 0 3 5 6 0 5 4 0 A ,2/14/2020 Hamsher, Aaron H 5 2 6 0 1 3 6 0 0 1 8 0 B 1/18/2021 Houston, Richard H 2 3 5 7 514 4 7 313 2 0 A 9/12/2022 Jasper, Terri J 2 1 6 811 2 6 0 7 116 0 8 6/16/2024 Jean -Baptiste, Jean -Juste 7 5 2 2 4 2 0 6 3 2 5 7 0 A 7/17/2021 Keat, Steven K 3 0. 0 7 9 0 5 5 4 4 4 0 8 12/4/2022 Kline, John K 4 5 0 4 6 2 6 02040 A 6/4/2026 LaPuente-Zorilla, Nelson L 1 5 3 6 2 6 8 1 0 8 2 0 E 3/2/2022 Laster, Artatius L 2 3 6 0 0 5 6 9 5 1 8 0 8• 1/18/2027 Lawler, Jacquelyn L 4 6 0 4 2 7 5 6 54 7 0 8 2/7/2025 Lawrence, Rebecca L 6 5 2 7 3 1 6 4 7 8 2 0 B 8/2/2019 Mage, Christine M 2 0 0 1 1 3 6 E 6 2 4 0 8 4/4/2021 Mandara, George M 5 3 6 3 0 1 7 2 0 5 6 0 A 2/16/2027 Millar, Rosemary M460726588640 E 10/4/2025 Murphy, Charles M 6 1 0 1 5 2 4 3 1 0 1 0 B 3/21/2022 Normil, Pierre N 6 5 4 6 6 2 5 5 0 0 6 0 C 1/6/2024 Orsek, Robert J 0 6 2 2 7 7 0 4 7 4 1 2 0 C 11/12/2022 Perna!, Lyn p 6 5 4 5 2 1 6 9 9 0 1 0 B 11/1/2026 Powers, Clarissa p 6 2 0 1 0 6 6 9 5 8 5 0 A 3/5/2020 Radford, Jessica R 3 1 6 4 2 1 7 4 8 6 4 0 E 10/4/2025 Ramirez, Ricardo R 5 6 2 7 2 0 7 8 2 7 0 0 8 7/30/2024 Reed, Connie R 3 0 0 1 1 5 5 0 8 7 8 0 B 10/18/2020 Richards, Carrol R 2 6 3 1 1 56 3 9 1 9 0 8 11/19/2021 Robinson, Arnetha • R 1 5 2 0 0 4 5 8 9 1 8 0 8 11/18/2020 Ryan, Patricia R 5 0 0 6 9 3 5 8 8 0 9 0 A 8/29/2022 Scott, Barrington S 3 0 0 0 6 0 5 7 1 8 9 0 B .5/29/2020 Sears, Tony S 6 2 0 8 0 4 75 3 3 8 0 B '9/18/2022 Shelly, Annie S 4 0 0 0 4 7 6 0 8 1 0 0 8 8/30/2025 Simmons, Kimberly • S 5 5 2 5 1 2 8 8 6 6 8 0 E 5/8/2025 Stephenson, Chris S 3 1 5 1 0 2 8 8 1 0 0 0 E 3/20/2021 Storey, Joesceffis 5 3 6 0 4 2 0 6 0 3 7 50 A 10/15/2022 SzoykA, Robert S 2 0 0 7 6 1 6 5 0 1 5 0 B 1/15/2023 Terpak, Peter • T 6 1 2 6 6 0 4 6 2 5 5 0 8 7/15/2025 Urena, Pedro U 6150 6 615 614 :1 3 7 0 8 4/17/2023 Westcarth, Rudolph W 2 3 2 7 2 1 5 1 2 9 5 0 A 8/15/2024 Wheeler, James W 4 6 0 4 5 3 6 2 1 3 6 0 A 4/16/2025 Wright, Kathy W 6 2 3 5 1 7 7 0 9 3 0 0 E 11/30/2021 153 7c CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Baskins, Staff Assistant IV Department of Emergency Services DATE: August 5, 2019 SUBJECT: Invitation from John's Island Golf Club for Staff to Participate in a "Public Safety Day" Golf Outing It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: John's Island Club General Manager, Brian Kroh, has extended an invitation to the Emergency Services staff to attend the annual "Public Safety Day" scheduled for August 25, 2019. The inaugural golf outing was an expression of appreciation for assistance in suppressing a fire at John's Island West Clubhouse in 1990. Since that time, John's Island Club sponsors an annual public safety day for all county and municipal public safety agencies, including paramedics, firefighters, law enforcement officers, dispatchers, and administrative staff. Chapter 104.06 (5)(b)(8) of the County Code allows units of the county employees to participate in "Local outings...with prior approval of the Board of County Commissioners..." Emergency Services employees have participated in the annual outings for many years after receiving approval from the Board. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff respectfully requests favorable consideration by the Board regarding the invitation from John's Island Club for Emergency Services staff to participate in the golf outing. 154 SU 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 5, 2019 SUBJECT: OL73RD LLC's Request for Final Plat Approval for a Subdivision to be known as Orchid Landing [SD -04-02-08 / 2003010063-83225] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 13, 2019. DESCRIPTION & CONDITIONS: Orchid Landing consists of 45 single-family lots on 19.69 acres located on the south side 73rd Street just west of US Highway 1. The property is zoned RS -3 (Residential Single Family — up to 3 units per acre) and RM -3 (Residential Multi -Family up to 3 units per acre), and has an L-1 (Low Density 1 up to 3 units per acre) land use designation. The density for Orchid Landing is 2.31 units per acre. The final plat application is on file with the Planning Division. On January 8, 2004, the county granted preliminary plat approval for a project known as the. Warren Way subdivision. The owner obtained a land development permit and commenced construction, completed a substantial portion of the improvement and then abandoned construction. After construction was abandoned, the project was purchased by the current owner. The new owner has re -named the project Orchid Landing, and subsequently obtained approval for minor modifications to the preliminary plat, a revised land development permit, and re -commenced construction. The required subdivision improvements were constructed, and a Certificate of Completion is anticipated to be issued on August 12th so long as the warranty of road and drainage improvements are in place by August 12th. The applicant has submitted a final plat in general conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant conditional final plat approval for Orchid Landing. ANALYSIS: All of the required improvements for Orchid Landing have been completed and inspected, and it is anticipated that a Certificate of Completion will be issued prior to the August 13th Board meeting. All improvements (stormwater tracts, landscape easements, roadways) will be private; . with the exception of certain utility facilities which are anticipated to be dedicated and the warranty in place by the August 13th Board meeting, as required by the Utility Services Department. 155 RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Orchid Landing, with the condition that prior to plat recordation staff confirms that all required documents and/or financial security are in place. ATTACHMENTS: 1. Location Map 2. Final Plat Layout (updated graphics to be provided) 156 169 D n rnz o - 1-' . m C oo rl CL) IDA E. La) Q ti PLAT BOOK: 0 d (13 Lo 1.1 F -49 3 3 13, 3 D 5 II n o n n n A Il Il Y II it 0 Y II 30.0' 4/I 35 30 4/1 MN 40 0/I M 30 3167 1543 ,00'08 .00'0H 1 )0 o n n n n o o n n n II n n wu 9?< ( 0 Q 3 v o ow i�w ,G- C,,\ -kms✓ .bo OH -OU'O9 ----��b6'OB } .00.4130 3.00,01.00N { __ _x_04 3.00,01.0091 31VAI8d) 000-6 .003aVOOS O2lf£ {.4a812..'&4'.33. ---,it { 09160 3.,00,01.006 _.09 6 SB70 ,0276 , z'<o { U R.--, yea - uaw 1 ~r7 ~N0 ti dr OJT �- CJS 2 0a2 c a Hz 1- 0� 1 ,0'01 0 06 .0876 .0826 3.00,01.00 08J (4-)o1,-,_. !-N H -z 0r') OM - Jvwi rvi�_ �. L1'69 -07--II - su ▪ 1 3,05 0 9 .0926(.00 Ia W O 193113003 33N4N31or69—I 33101 .0'01. CSF J M o O .876.__.._ -?8'26• 6 } { .10100 M.08.0L00S ,16'004 M.08.01.000 (310AINd) M-0-8 .00 3aVIl0S 108££ 41___.___.__X00'090 M.03$1.00S 0_ P4,1 W o aN _,--j I- , (-) o U K a a O0 K 0 H 4/1 30 30 4/1 g 3.70.91.00N T 30 Z/I M130 31411 153M Z on7_1 63' 6°1 PLAT BOOK: O co TCH LINE SE 3 1'0001 WOR M.,00,01.0W /„05,51.005 .0009 .00"09 , ,00'09 CURVE TABLE CURVE 1 LENGTH 1 RADIUS 1 DELTA 1 CHORD BEARING 1 DISTANCE 129.29' 10.0'--� U.E. I (TMS) r 8i LOT P 40 P 5.0'N89'56'48"E ''' S9Zfi _ _ 5fi9B9,ps II^=1-� 9- ;'1 0,-)J in i f.2 _I .tom 0 ' __3;0091i00N j n 1—N 12 ° w 3 -W.FAIi 3 w w 3 N00'15'50"E • e0" N10'44'26"E 51613'09"W 505'34'30"W S10'22'491.: N16'44'53"W N07'39'02"W NOL '00.39"E NI9'16'25"E N5418.51"E N80'49'52"E 581'11'35"E u w 3 3 n w 3 zzTzin 3 w w 3 3;+ ii M,OS,S LOOS Ij M.S1.9£.OIN M„SL,O£. ION D,L£,ZO.SVN M,00,0S.80N 3"OS,SI.00N 3„I1,IZ.60N 3.1.4,18.60N M„£Z,LS.bbN M„L£,ZO.SbS 3 3 zz 3 3 z z ` . ---;51TZ5 ___ .09'09 -_.'5069-4V �� .M.Suu 8.EuuEuHuuuuuuHMF3M,PH.FA8gEHVI ,00'09 M,00,S1.00S Z 9 Q„ up Q i > - 4/1 35 30 4/1 MN S. 30 Z/1 M JO 3N11 15031 j ,14'0001 /.05,01005 .090009 M„05,51.005 .0009 00'09 .0 900 4 f0 ZO -- f_140____ • T 05j .7.9/09 13 0 w N F in Jw z 00'09 oe Zc0 � U ° d' O In 00 19363593 309003169011 3001,0'0 5F 00'0'3 ,09'•0£ 3,00,01.00 t9-900 3_00,01.00N (31vM14d M -o--14 ,0532ivfOS O2i££ N89'56'48'E +_ 889'56'48'E 1"'i .12.9.0S: - 128.95.___ oi i. hlo ° LOT 34 s LOT 41 -2lo (SEE NOTICE 8) i (SEE NOTICE 8) oiw i I 2I N89'56'48 -E 1 L 889'56'48"E. 129.29' 10.0'--� U.E. I (TMS) r 8i LOT P 40 P 5.0'N89'56'48"E ''' S9Zfi _ _ 5fi9B9,ps II^=1-� 9- ;'1 0,-)J in i f.2 _I .tom 0 ' __3;0091i00N j n 1—N 12 ° w 1--00 ,--r-..,,,, O6 _1� O26 _1� O,0 mP ZI z z ` . ---;51TZ5 ___ .09'09 -_.'5069-4V �� _ ,99'9£1 "tl 91„00.01.005 '0 ”' (319A91d) M-0-9 .00300000 aa££ 0 �? ,1491 99'•t£ M 0001.005 li_SLOP ,90109 00 M„00,000 003 .00 009 /_00.01.005 ,00 9- .00"051 M,00,51.00S ;50'£001 3.10,91.00N ,60_9Z0l 3,_Z09� 40011 �} I 0109 - 3,Z0,91.009 ,9009 .00'09 ^a ,60'0001 .65"9001 3,30,000099 3,Z0,91.00N .16'SZ1 .00.06 3 Z0,91.009 4/1 35 JO 4/1 MN JO 0/1 M JO 31191 153M 1936-593 39991900 .SZ Ido 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 1, 2019 SUBJECT: MG Heine Vero, LLC's Request for Final Plat Approval for Bridgehampton Residential Subdivision [SD -16-05-01 / 2002100165-83140] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 13, 2019. DESCRIPTION & CONDITIONS: Bridgehampton is a single-phase residential subdivision project that consists of 29 single-family lots on 9.43 acres with a proposed density of 3.10 units/acre. The project site is located on the north side of SR 60 in the 4900 block, is zoned RS -6, Residential Single -Family (up to 3 units/acre), has an L-2, Low -Density Residential -2 (up to 6 units/acre) land use designation. The application is on file with the planning division. On August 11, 2016, the Planning & Zoning Commission granted preliminary plat approval for the Bridgehampton subdivision. The developer obtained a land development permit for the overall project and commenced construction of the required subdivision improvements, but has not completed all required improvements. At this time, the applicant has constructed 89.59% of the required improvements, and is proposing to "bond -out" the remaining 10.41% of required improvements. The developer is now requesting final plat approval, and has submitted the following: 1. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; and 3. A Contract for Construction of remaining required improvements, with cash deposit and escrow agreement The Board is now to consider granting final plat approval for Bridgehampton. 161 ANALYSIS: Most, but not all, of the required improvements for Bridgehampton have been completed. As provide d for under the LDRs applicable to this final plat application, the developer is proposing to "bond -out" for the remaining 10.41% of required improvements (roadways, landscape, sidewalks). Public Works and Planning staff have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The County Attorney's Office has received a cash deposit and escrow agreement with supporting security in the amount of $87,634.13 to guarantee construction of the remaining required improvements. All improvements within Bridgehampton will be private, with the exception of certain utility facilities which will be serviced by the City of Vero Beach. It is noted that the City of Vero Beach Water and Sewer Department is not requiring any bonding with respect to utilities and has no objection to the final plat moving forward. In addition, a warranty and maintenance agreement for the roads and stormwater improvements, along with an acceptable 1 -year warranty security will be required prior to issuance of a Certificate of Completion. RECOMMENDATION: Staff recommends that the Board grant final plat approval for Bridgehampton. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 162 w. u) 1 V HIP r � Ad Hilt PI 0, 2 lO H1Sb �� 'AV H191? 1 - rig 33390400001007000001.0 211 H1.Lb GO al U U O O c%] z O AK•H109 a) q N n �J 0 m 0 d c rz C4 cn V 33390400001010000001.0 U U p 83 PLAT BOOK Lu 0 CLERKS FILE NUMBER (CFN) BRIDGEHAMPTON 3x31135.9 S53.Xt. arum Wx 3OBO6 ,YI) 5.100 wlo6ri OB 1-SS11 01a3us m02 �kl 3a.99orem•811JYNl. ,057[1 A ,BALM N A�. a if g 1 • .01323 -HANiO1-6, :9.,5560-0 ,16SSI M .01.0060 L s9mr FO3Inm FF .Y, 1JYNL g .01331 A ,8,0269 x AI in 3 .51,5069 5 ,510[1 A.00.069N gg M. A .0,51.69 N g� n PO 6965! 2 96.8060.1 31331 M .083060 N ,1Z 621 x A1,AOe x $: 11021 • .0I,A68 6 8 s a� I; .11601 x 310560 N q .01001 0 .003560 N q .16601 M .01,00600 ^ 8$ b .9 ,11601 M .0t...69 NL R et 6) u- 0 w 2 z 9 k CURVE TABLE CURVE ISCIH RADIUS DELTA CNORD [ARMOR L7 i21Y - 35.00. 4424'55 21/.16 R 24347f W 44 4344 5300' 44246 4)12 5 422176 F 05 .4446 5604 557756 3311' S 124805W N'a66'0 g3ak if AA :YIBr FF (6 le. nnui$ k''ak§kz��bN ' —''''=x.. -- g aaA'a r -AVE P3 v. 11.901 N 31,0060 R g1 19 9 b. u -- 003[11.— 3.9000041 ,16/41 A,131,5469x k N..1:1155.6,1 8 ,12101 3 10.A60 5 1 36 COI M .01,5069 k ,[1911 A ,01,5569 80 a .01'030 3.01.10.60 S 269 A .01,5060 x g O 5, 5, 59 • O W ATTACHMENT 2 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: July 22, 2019 SUBJECT: Consideration of the Indian River County SHIP Program 2019 Annual Report It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 13, 2019. DESCRIPTION AND CONDITIONS In the early 1990's, the State Housing Initiatives Partnership (SHIP) Program was created by the State of Florida. Through that program, the state collects documentary stamp tax revenue and allocates those funds to local governments to be used for affordable housing purposes. On April 6, 1993, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Plan (Ordinance #93-13). By adopting the plan and subsequently receiving Florida Housing Finance Corporation approval of the plan, Indian River County became eligible to receive State Housing Initiatives Partnership (SHIP) Program funds. The purpose of the SHIP program is to provide affordable housing for income qualified households. As structured, the . county's SHIP Program provides low interest, deferred payment, and subordinated loans to eligible extremely low income, very low income, low income, and moderate income households. Those loans are provided primarily for purchase assistance and rehabilitation assistance. As part of the SHIP purchase assistance program, private financial institutions provide principal mortgages, while SHIP loans are generally structured as soft second mortgages. Since SHIP is a state funded program, the SHIP program fiscal year (FY) is concurrent with the state 165 fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For example, in the past year the county has expended funds from the following SHIP program fiscal years: FY 16/17, FY 17/18, and FY 18/19. For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income consists of SHIP loan repayments and interest earned. Attachment #1 shows historic SHIP fund information. That includes the number of loans provided to eligible applicants by fiscal year and by income category. According to SHIP Program requirements, the county must submit an annual report for the closeout fiscal year (FY16/17) showing that all allocated SHIP funds were expended for that FY. That report must also include interim year data for interim year 1 and 2 (FY 17/18 & FY 18/19). A certification form for the report must be signed by the Chairman of the Board of County Commissioners or his designee. For all previous fiscal years, closeout reports were previously submitted to and approved by the state. Attachment #2 to this staff report is the county's SHIP Program FY 2016-2017 annual closeout report with interim year data for FY 2017-2018 and FY 2018-2019. The FY 2016-2017 final closeout annual report must be submitted to the state by September 15, 2019. ANALYSIS According to state regulations, SHIP funds must be utilized in such a manner that all state requirements and all requirements of the county's Local Housing Assistance Program are met. Among the SHIP requirements are the following: • At least 30% of funds must be utilized by very low income (VLI) households • At least 30% of funds must be utilized by low income (LI) households • At least 65% of funds must be utilized for homeownership • At least 75% of funds must be utilized for construction, rehabilitation or emergency repair • At least 20% of funds must be utilized for disabled applicants or household members • Not more than 10% of funds may be utilized for administration costs In administering the SHIP program, the county has met all of those requirements as well as all local requirements for home ownership, credit, employment, assets, and others. A copy of the attached annual report has been distributed to members of the county's Affordable Housing Advisory Committee, Affordable Housing Partnership Group, municipalities, and other interested persons for their review and comment. Also, a notice of the availability of the reports was posted on the county website. To date, staff has received no comments. The purpose of this staff report is to provide the Board of County Commissioners with background information and the attached SHIP annual report, and to obtain Board authorization for the Chairman to sign the Certification Form for the attached SHIP annual report (see attachment #3). FUNDING 166 The SHIP program is funded by documentary stamp tax revenues collected and distributed by the State. ALTERNATIVES The Board of County Commissioners has two alternatives with respect to the attached SHIP Annual Report. Those are: 1. Approve the attached SHIP Annual Report and authorize the Chairman to sign the attached Certification Form, allowing staff to submit the report to the Florida Housing Finance Corporation. 2. Reject the attached SHIP Annual Report. Choosing the second alternative, however, would cause the county to become ineligible to receive additional SHIP funds. Staff supports the first alternative. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. approve the attached SHIP 2019 annual report and authorize its submission to the Florida Housing Finance Corporation; and 2. authorize the Chairman to sign the attached Certification form; and 3. authorize staff to make any minor reporting changes to the annual report and Certification form that may be requested by the Florida Housing Finance Corporation. Attachments: 1. SHIP Funds and Applicants Information Summary 2. SHIP Annual Closeout Report for FY 2016-2017 with Interim Year 1 FY 2017-2018 Data, and Interim Year 2 FY 2018-2019 Data 3. SHIP Annual Report Certification Form f:\community development\ship\annual reports\2019ar\bcc staff report irc ship 2019 annual report - revised.doc 167 NFORMATION SUMMARY SHIP PROGRAM FUNDS AND APPLICANT INCOME Number and % of Loans Approved by Income Category by FY 0 e co 0 N,_cO e N 0 e O 0 N v 0 6 e A 6 e A r O e N o e a- es e N N 0 e O N Q e N Oj e CO cV e CO O N,...ui e N N e CO. co cMe),_csi e O 0 e 0 O ' O 0 N e ici Q e Q N e I+M) 0 e A Q .. O 0 e O 0 .N.- e co Q M e e Q a- O .....n.: r- O O cr, co •- rG r 0 'Q In r Q Y) " cor r 0 O 13 1 M M,, N 0 7 0 0 A e e V Q e 0 Co Q e M M Q e P4 O 0 e M n Q e C0% O 0 e CO 0 0 e 0 0 Q 47.30% 1 48.57% 42.86% 33.33% 1 33.33% 1 e CO 0 M F37.78% 1 e r M Q e CO 22 M Q e N 1O CO e R Q e tk4 CO 0 N 41.67% 1 e 22 CO M CO e 1 0 r Q e 0 O O e N Q M e e a- 0 14 O M CO o N . Q Q J h V M M n 74 erh N ON9 M P N 0 1- r fV N 0 N I- N r `,2 V M O 1: a a n monocle e V . N e fro 0 1 n N e 0 10 -come e W M e 0 0 e N N e O 0 M e a- r M e 0 r Q e V 0 Q e r O Q e 0 10 Q e 0 0 N e n M Q o 0 0 N e 000 0 M e N Q O e N 0 e 0 O(0 0 e 0 0 e 0 10 Q e v0) 19 M e N Q M e e f4 0 N O Q Q o . N Q ..I � ._C, N .._Di ‘_•- O � V M N N M N O) � r N co,. N M N N N ,,CN M ,_en N Q M N �- 0 M ID ,_to 0 M s.0 ID a N Number of Loans Approved by FY a- Q r 0) 0 M 0 If) Q r co ID Q ID N Q V r O r Q CO CO CO V 0 ID Q 0) Q CO Q 0 0 in Q O r ID N N a- a- N 0 Q N M N M 1— 10 141 M a- ON) N Total Budget $ 249,508.35 1 ID N N Q N W I $ 250,159.42.1 $ 580,473.571 0 00 co e- ID ID 69 N M W O r CO W 0, Icf I0D r CO O e9 IG o - 0 W I $ 1,296,028.68 1 $ 1,145,736.88 I $ 1,459,782.47 1 IOD 0 co N r M s- 0 I $ 1,705,889.64 $ 1,705,745.631 1$ 1,779,136.151 I $ 1,630,100.65 I $ 1,516,877.251 I$ 859,094.98 1 0 - 0 N Q a- 69 1$ 543,539.68 1 $ 288,315.98 1 1 $ 504,711.47 1 0 10 IND 1` 0) N 1 $ 838,336.82 1 IIDD 0 f0 OI 0 a- 69 1$ 968,528.04 $ 695,398.28 try m0 0 M 0 N N H Funds Transferred to Next FY co 0 e CO Q 69 O 0 O N N 69 $ 1,070.57 $ 728.95 N 010190 M CO 3-(11CO 0 N O O N 19 0 N N a- 69 N O CO N 69 1 $ 6,182.41 CO 1- 0 N r .- 0 $ 584.91 CO 0 O 0 O O fA CO 0 r 0 0 V) r 0 M r O a- 69 M 00 Q CO N M 69 $ 763.39 •- co O Q CO 0 N 0 M M 0 Q 69 N r N Q N. N d9 CO CO a- 0 0 $ 4,467.47 1 3,878.17 N m CO M M 0 $ 2,037.26 $ 5,065.10 $ 70,514.97 Fund Transferred From Previous FY ID c0 O Q 69 0 0 O N N H $ 1,070.57 1 $ 728.95 1 N 00 M 0 r 0 N N N 0 CO N 19 0O M N N N r- 0 $ 2,330.62 R N CO 0— 69 A 0 N I. 0 a- O Q 0 0) 0 1 $ 9,055.09 1 N CO 1- CO 0 O $ 1,573.97 M CO Q 0 N M 19 CO M M CO r 0 CO O Q CO N CO M M N O 69 N.- r N Q 0.- N 19 c0 0 CO 0 1 $ 4,467.47 3. 0 A CO M 69 $ 3,339.15 $ 2,037.261 O O 0 0 4) 69 0 $ '70,514.971 SHIP Re -payments and.. other Program Incomes 1 $ 14,358.95 $ 29,887.06 $ 50,489.83 0 0 0 N 0 r 0 L$ 62,361.431 1 $ 94,288.47 N 0 Q 0 r c- fA $ 263,472.591 1 $ 429,002.84 1 $ 780,843.50 $ -776,332.65 $ 571,296.01 N e e 0. 0 A MM f9 1 $ 137,282.47 1 $ 512,787.89 1 0 o 0 O O 0 1 200,065.07 $ 227,996.34 1$ 154,122.17 $ 219,527.48 1 CO of co 0 O 69 $ 182,785.47 1 m CO nm 0 0 u) M N N 0 Q co 0 69 $ 7,212,328.37 Amount of SHIP Allocations (State funding only) $ 250,000.00 O 0 0 O O OO O N 69 O 0 0 O O N N 0 $ 565,773.00 O 0 0 co e N M O 0 O O N ID Q N N 0 0 1 $ 903,723.00 $ 749,773.00 1 $ _ 1,205,592.00- O O 6 co co M N 0 0 1 $ 1,195,168.00 $ _ _ _ _ 955,048.00 O 0 I0D ) 0 0 0 O 69 O 0 6 19 co O M CO 19 $ 1,209,521.00 $ 1,238,998.00 1 1 $ 1,379,672.00 O 0 0 O O O 0 CO 69 0 $. 350,000.00 O O fA 0 N 0 0 1 $ 350,000.00 O O 00 co co r O f0 0 $ 706,401.001 O O O c0 O N CO fA $ 657,875.00 $ 350,000.00 $ 18,725,516.001 State FY (JULY 1 - JUNE 30 ) M O 0 O N 0 0 0 ID 0 0 0 1- r 0 0 0 1- 0 0 0 0 x- O 0 0• 0 x- 0 0 COO 2000-01 2001-02 12002-03 Q O 0 0 04 12004-05 2005-06 1, O 0 0 01 00 O 0 N 12008-09 _ O— 0 0 N r O 0 N 12011-12 12012-13 12013-14 12014-15 12015-16 c N 0 01 2017-18 2018-19 TOTAL F:\Community Development\SHIP\Annual Reports\2018AR\SHIP and other Summary DRAFT - To be Reviewed by BCC on August 13, 2019 Title: SHIP Annual. Report Indian River County FY 2016/2017 Closeout Form 1 Report Status: Unsubmitted SHIP Distribution Summary Homeownership Code Strategy Expended Amount Units Encumbered Amount Units Unencumbered Amount Units 1 Purchase Assistance with Rehabilitation Loan $189,060.13 10 2 Purchase Assistance without Rehabilitation Loan $67,680.00 3 3 Owner Occupied Rehabilitation Loans $734,789.49 19 6 Emergency Repair Loans $15,990.64 3 Homeownership Totals: Rentals $1,007,520.26 35 Rental Totals: Subtotals: $1,007,520.26 . Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds Expended $92,989.10 $.00 $9,139.27 $.00 35 Totals: $1,109,648.63 35 $.00 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount Expended $929,891.00 Encumbered $2,450.83 Unencumbered $180,334.64 Code Strategy Amount Units Amount Units Amount Units Rental Totals: Subtotals: $1,007,520.26 . Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds Expended $92,989.10 $.00 $9,139.27 $.00 35 Totals: $1,109,648.63 35 $.00 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $929,891.00 Program Income (Interest) $2,450.83 Program Income (Payments) $180,334.64 Recaptured Funds $.00 Disaster Funds Other Funds Page 169 DRAFT - To be Reviewed by BCC on August 13, 2019 Carryover funds from previous year $2,037.26 Total: $1,114,713.73 * Carry Forward to Next Year: $5,065.10 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Form 2 Rental Unit Information Description Eff. 1 Bed 2 Bed 3 Bed 4 Bed ELI 310 358 510 667 824 VLI 516 553 663 766 855 LOW 825 883 1,060 1,225 1,366 MOD 1,239 1,327 1,593 1,839 2,052 Up to 140% 1,445 1,548 1,858 2,145 2,394 No rental strategies are in use Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $1,007,520.26 38.05% Public Moneys Expended .00% Private Funds Expended $1,640,160.20 61.95% Owner Contribution .00% Total Value of All Units $2,647,680.46 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab Compliance Category SHIP Funds Trust Funds % of Trust Fund FL Statute Minimum % Homeownership $1,007,520.26 $929,891.00 108.35% 65% Construction / Rehabilitation $1,007,520.26 $929,891.00 108.35% 75% Program Compliance - Income Set -Asides 170 DRAFT - To be Reviewed by BCC on August 13, 2019 Income Category SHIP Funds Expended Total Available Funds % * Extremely Low $268,588.29 24.09% Very Low $75,887.19 6.81% Low $449,943.90 40.36% Moderate $213,100.88 19.12% Over 120%-140% Owner Occupied Rehabilitation Loans .00% Totals: $1,007,520.26 90.38% Project Funding for Expended Funds Only Income Category Total Funds Mortgages, Loans & DPL's Mortgages, Loans & DPL Unit #s Total Funds SHIP SHIP Grants Grant Unit #s Total SHIP Total # Funds Units Expended Extremely Low $268,588.29 8 0 $268,588.29 8 Very Low $75,887.19 4 0 $75,887.19 4 Low $449,943.90 12 0 $449,943.90 12 Moderate $213,100.88 1.1 0 $213,100.88 11 Over 120%-140% 0 0 $.00 0 Totals: $1,007,520.26 35 $.00 0 $1,007,520.26 35 Form 3 Number of Households/Units Produced Strategy List Unincorporated and Each Municipality ELI VLI Low Mod Over 140% Total Purchase Assistance with Rehabilitation Loan Unincorporated 1 7 - 8 Owner Occupied Rehabilitation Loans Unincorporated 6 2 8 1 17 Purchase Assistance with Rehabilitation Loan VERO BEACH 2 2 Owner Occupied Rehabilitation Loans SEBASTIAN 1 1 2 Purchase Assistance without Rehabilitation Loan Unincorporated 3 • 3 Emergency Repair Loans Unincorporated 1 1 1 3 Totals: Characteristics/Age (Head of Household) 8 4 12 11 35 171 DRAFT - To be Reviewed by BCC on August 13, 2019 Description List Unincorporated and Each Municipality 0 - 25 26 - 40 41 - 61 62+ Total Purchase Assistance with Rehabilitation Loan Unincorporated 1 5 2 Owner Occupied Rehabilitation Loans 8 Owner Occupied Rehabilitation Loans Unincorporated 1 10 6 17 Purchase Assistance with Rehabilitation Loan VERO BEACH 2 2 SEBASTIAN 2 2 Owner Occupied Rehabilitation Loans SEBASTIAN Purchase Assistance without Rehabilitation Loan Unincorporated 2 2 Purchase Assistance without Rehabilitation Loan Unincorporated Unincorporated 2 1 3 Emergency Repair Loans Unincorporated 2 1 3 Totals: Family Size 1 10 15 Description List Unincorporated and Each Municipality 1 Person 2- 4 People 5 + People Total Purchase Assistance with Rehabilitation Loan Unincorporated 2 4 2 8 Owner Occupied Rehabilitation Loans Unincorporated 8 9 17 Purchase Assistance with Rehabilitation Loan VERO BEACH 9 2 1 2 Owner Occupied Rehabilitation Loans SEBASTIAN 2 Purchase Assistance with Rehabilitation Loan VERO BEACH 2 Purchase Assistance without Rehabilitation Loan Unincorporated 2 1 3 Emergency Repair Loans Unincorporated 1 2 3 Totals: Race (Head of Household) 13 19 35 35 Description List Unincorporated and Each Municipality White Black Hisp- anic Asian Amer - Indian Other Total Purchase Assistance with Rehabilitation Loan Unincorporated 1 3 4 8 Owner Occupied Rehabilitation Loans Unincorporated 9 6 1 1 17 Purchase Assistance with Rehabilitation Loan VERO BEACH 2 2 172 DRAFT - To be Reviewed by BCC on August 13, 2019 Owner Occupied Rehabilitation Loans SEBASTIAN 1 Home - less Elderly Total Purchase Assistance with Rehabilitation Loan 1 2 Purchase Assistance without Rehabilitation Loan Unincorporated 0 2 Unincorporated 1994 1 3 Emergency Repair Loans Unincorporated 1 2 0 Owner Occupied Rehabilitation Loans SEBASTIAN 3 Totals: Demographics (Any Member of Household) 14 13 5 1 Description List Unincorporated and Each Municipality Farm Worker Home - less Elderly Total Purchase Assistance with Rehabilitation Loan Unincorporated Implemented, in LHAP 1994 Ongoing review process 0 Owner Occupied Rehabilitation Loans Unincorporated 1994 6 6 Purchase Assistance with Rehabilitation Loan VERO BEACH 0 Owner Occupied Rehabilitation Loans SEBASTIAN 2 2 Purchase Assistance without Rehabilitation Loan Unincorporated 0 Emergency Repair Loans Unincorporated 1 1 Totals: 9 9 2 35 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Description Special Target Group Expended Funds Total # of Expended Units Form 4 Status of Incentive Strategies Incentive . . Description (If Other) Category Status Year Adopted (or N/A) Expedited permitting Required Implemented, in LHAP 1994 Ongoing review process Required Implemented, in LHAP 1994 Support Services 173 DRAFT - To be Reviewed by BCC on August 13, 2019 DRAFT - To be Reviewed by BCC on August 13, 2019 Other Accomplishments Availability for Public Inspection and Comments Life -to -Date Homeownership Default and Foreclosure Mortgage Foreclosures A. Very low income households in foreclosure: B. Low income households in foreclosure: C. Moderate households in foreclosure: Foreclosed Loans Life -to -date: 0 SHIP Program Foreclosure Percentage Rate Life to Date: Mortgage Defaults A. Very low income households in default: B. Low income households in default: C. Moderate households in default: Defaulted Loans Life -to -date: 0 SHIP Program Default Percentage Rate Life to Date: Strategies and Production Costs Strategy Average Cost Emergency Repair Loans $5,330.21 Owner Occupied Rehabilitation Loans $38,673.13 Purchase Assistance with Rehabilitation Loan $18,906.01 Purchase Assistance without Rehabilitation Loan $22,560.00 Expended Funds Total Unit Count: 35 Total Expended Amount: $1,007,520.00 Strategy Full Name Address City Zip Expended FY if Unit Code Funds Already Counted Purchase Assistance with Rehabilitation Loan BASIL BALL 2546 86TH CT VERO BEACH 32966 $18,556.69 Owner Occupied Rehabilitation Loans ALBERTA BASS 4345 82ND ST VERO BEACH 32967 $43,897.95 Purchase Assistance with Rehabilitation Loan JASMINE BELL 1656 3RD CT SW VERO BEACH 32962 , $18,820.15 175 DRAFT - To be Reviewed by BCC on August 13, 2019 DRAFT - To be Reviewed by BCC on August 13, 2019 Purchase Assistance. with Rehabilitation Loan KITTIE RENEE BUSKIRK 1425 26TH AVE VERO BEACH 32960 $19,637.65 Owner Occupied Rehabilitation Loans VELMA CARTER 3620 44TH ST VERO BEACH 32967 $43,300.60 Owner Occupied Rehabilitation Loans TONILEE M CHRISTINO 4126 39TH DR VERO BEACH 32967 $41,298.00 Owner Occupied Rehabilitation Loans SHIGENO CLAYTON 4003 41ST SQ VERO BEACH 32967 $49,874.00 Owner Occupied Rehabilitation Loans ERNIE COUNCIL 4711 30TH AVE VERO BEACH 32967 $49,536.50 Owner Occupied Rehabilitation Loans OLGA CROWDER 775 BAYFRONT TER SEBASTIAN 32958 $8,003.44 Purchase Assistance with Rehabilitation Loan ALANCIA & VALCIUS, CLOTILDE DORVELIA 1555 22ND AVE SW VERO BEACH 32962 $24,641.45 Purchase Assistance with Rehabilitation Loan ROBERTO & MIRIAM GOMEZ 8776 102 CT VERO BEACH 32967 $16,749.85 Owner Occupied Rehabilitation Loans KARELINE GONZALEZ 1116 13TH AVE SW VERO BEACH 32962 $35,736.65 Owner Occupied Rehabilitation Loans LAWRENCE & SHARON B GOODWIN 805 35TH AVE VERO BEACH 32960 $44,497.50 Owner Occupied Rehabilitation Loans MARY L HEATH 6455 51ST AVE VERO BEACH 32967 $25,558.65 Owner Occupied Rehabilitation Loans SANDY HUBLER 4005 41ST SQ VERO BEACH 32967 $34,991.50 Purchase Assistance without Rehabilitation Loan ALLISON DENEEN HURST 2094 WATERSIDE LN SW VERO BEACH 32962 $22,560.00 Owner Occupied Rehabilitation Loans LINDA JACKSON 4059 42ND SQ VERO BEACH 32967 $42,601.50 Purchase Assistance without Rehabilitation Loan TRAYSHOND A JELKS 2025 WATERSIDE LN SW VERO BEACH 32962 $22,560.00 Purchase Assistance with Rehabilitation Loan CHARLIE ALLISON JOHNSON 2079 36TH AVE VERO BEACH 32960 $19,933.00 Owner Occupied Rehabilitation Loans BOLIN C LEE 448 15TH ST SW VERO BEACH 32962 $47,391.50 Purchase Assistance with Rehabilitation Loan MICHAEL MARTINEZ 525 20TH CT VERO BEACH 32962 $19,315.40 177 DRAFT - To be Reviewed by BCC on August 13, 2019 DRAFT - To be Reviewed by BCC on August 13, 2019 Owner Occupied Rehabilitation Loans KYLE WAYNE & JAMIE MILLER 450 11TH LN SW VERO BEACH 32962 $49,909.50 • $26,161.75 Purchase Assistance with Rehabilitation Loan SONIA & LLOYD MILLER 534 4TH PL SW VERO BEACH 32962 $11,987.16 Purchase Assistance with Rehabilitation Loan STEPHANIE MOURE 6246 6TH ST VERO BEACH 32968 $19,572.60 Purchase Assistance with Rehabilitation Loan JULIAN SEVERINO & ROCIO ORDAZ 8346 100TH CT VERO BEACH 32967 $19,846.18 Emergency Repair Loans WILLIAM SR PUGLIESE 3245 1ST ST VERO BEACH 32968 $4,184.70 Owner Occupied Rehabilitation Loans BONITA REED 4051 42ND SQ VERO BEACH 32967 $49,871.00 Owner Occupied Rehabilitation Loans LOIS G & JOHN R RICHARDS 145 44TH AVE VERO BEACH 32968 $43,510.90 Purchase Assistance without Rehabilitation Loan OSNEL & NOEL, JULIETTE SANON 2123 WATERSIDE LN SW VERO BEACH 32962 $22,560.00 Emergency Repair Loans LUCILLE SHUREN 8535 61ST DR SEBASTIAN 32967 $3,101.94 Owner Occupied Rehabilitation Loans LAVETTE J STEPHENS 663 5TH ST SW VERO BEACH 32962 $39,217.15 Owner Occupied Rehabilitation Loans JAMES A & DOROTHY J. STEWART 4610 34TH AVE VERO BEACH 32967 $34,686.10 Emergency Repair Loans DANIEL THOMPSON 703 5TH ST SW VERO BEACH 32962 $8,704.00 Owner Occupied Rehabilitation Loans BETTY J WARD 916 LOUISIANA AVE SEBASTIAN 32958 $12,540.50 Owner Occupied Rehabilitation Loans DEBORAH S YATES 2035 5TH ST VERO BEACH 32962 $38,366.55 Administration by Entity Name Business Type Strategy Covered Responsibility Amount Program Income Program Income Funds Loan Repayment: $6,598.12 Refinance: $.00 Foreclosure: $26,161.75 179 DRAFT - To be Reviewed by BCC on August 13, 2019 DRAFT - To be Reviewed by BCC on August 13, 2019 Sale of Property: $147,574.77 Interest Earned: $2,450.83 Total: Exp anation of Recaptured funds $182,785.47 Description Amount Total: Rental Developments $.00 Development Owner Address City Name Zip SHIP Amount SHIP Compliance Code Units Monitored By Single Family Area Purchase Price The average area purchase price of single family units: Or Not Applicable Form 5 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 2 Purchase Assistance without Rehabilitation Loan $22,560.00 1 3 Owner Occupied Rehabilitation Loans $273,679.35 7 6 Emergency Repair Loans $7,286.64 2 Special Needs Category Breakdown by Strategy Strategies Special Needs Category Expended Amount Units Encumbered Amount Units (3) Owner Occupied Rehabilitation Loans Receiving Social Security Disability Insurance $273,679.35 7 (2) Purchase Assistance without Rehabilitation Loan Receiving Social Security Disability Insurance $22,560.00 1 (6) Emergency Repair Loans Receiving Social Security Disability Insurance $7,286.64 2 Provide a description of efforts to reduce homelessness: Priority is given to Welfare to Work program applicants. 181 DRAFT - To be Reviewed by BCC on August 13, 2019 Interim Year Data Interim Year Data Interim Year 1 State Annual Distribution $657,875.00 Program Funds Expended $809,351.65 Program Funds Encumbered $78,109.50 Total Administration Funds Expended $809,351.65 Total Administration Funds Encumbered $78,109.50 Homeownership Counseling $0.00 65% Homeownership Requirement 75% Homeownership Requirement $887,461.15 30% Very & Extremely Low Income Requirement $207,806.90 30% Low Income Requirement $362,408.84 20% Special Needs Requirement $257,169.41 Carry Forward to Next Year Interim Year 2 State Annual Distribution ( $350,000.00 Program Funds Expended $287,650.33 Program Funds Encumbered $184,117.65 182 DRAFT - To be Reviewed by BCC on August 13, 2019 LG Submitted Comments: 183 State Housin: Initiatives Partnershi• SHIP Pro: ram Annual Report and Local Housing Incentives Certification On Behalf of Indian River County (Local Government), I hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year 2016/2017 and interim years 2017-2018 & 2018-2019 2. The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented. Including, at a minimum: a Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be$ 0.00 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be $ 0.00 Staff Member responsible for submitting annual report to FHFC: Bill Schutt Witness Signature Date Chief Elected Official or Designee Signature Date Bob Solari, Chairman Witness Printed Name Chief Elected Official or Designee Printed Name Witness Signature Date Witness Printed Name ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller ATTEST (Seal) Signature Date 420.9075 (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government's chief elected official or his or her designee. Transmittal of the annual report by a county's or eligible municipality's chief elected official, or his or her designee, certifies that the local housing incentive strategies, or, if applicable, the local housing incentive plan, have been implemented or are in the process of being implemented pursuant to the adopted schedule for implementation. Attachmenft INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland M. DeBlois, AICP; Interim Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: August 2, 2019 SUBJECT: Vero 53 Landings, LLC's Request for Final Plat Approval to Replat Parcel "A", Lot 3, and Tract 1 of The Landings. Commercial Subdivision [SD -18-02-04 / 98060121- 81957] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 13, 2019. DESCRIPTION & CONDITIONS: The proposed commercial subdivision is a replat of Parcel "A", Lot 3, and Tract 1 of The Landings Commercial Subdivision into 3 new commercial lots, and will convert a portion of previous Tract 1 into an access easement. The project site is located at the northeast corner of 53rd Street and US Highway 1, is zoned CG, General Commercial, and has a C/I, Commercial / Industrial land use designation (see attachment 1). The subject final plat application is on file with the Planning Division. All of the required subdivision improvements for the existing commercial subdivision were completed and inspected, and a certificate of completion for the subdivision improvements was issued on December 18, 2008. Prior to receiving a certificate of completion, the project "bonded out" the. remaining required subdivision improvements, and received final plat approval on November 4, 2008. The proposed replat is consistent with the existing subdivision improvements, does not require any changes to the existing subdivision improvements, and received a land development permit (LDP) waiver from Public Works. On March 22, 2018, the Planning and Zoning Commission (PZC) granted preliminary plat approval to replat Parcel "A", Lot 3, and Tract 1 into 3 commercial lots, and to convert a portion of previous Tract 1 into an access easement. Subsequently, on June 12, 2018, the Board of County Commissioners (BCC) granted special exception approval for the CERTUS of Vero Beach Assisted Living Facility. The CERTUS site plan improvements will line up with the new Lot 5 shown on the subject replat, and new Lots 3 and 4 will be reserved for future development. Lot 1 is currently developed :as a CVS pharmacy, and is not included in the replat. Lot 2 is vacant, and is not included in the replat. 185 The Board is now to consider granting final plat approval to replat Parcel "A", Lot 3, and Tract 1 of The Landings Commercial Subdivision. ANALYSIS: All of the required common subdivision improvements (i.e. driveways, utilities, and stormwater management facilities) have been constructed, inspected, and accepted by County staff, and a certificate of completion was issued on December 18, 2008. The proposed replat is consistent with the existing subdivision improvements, and does not require any changes to the existing subdivision improvements. Also, the site improvements for new Lot 5 (CERTUS) are approved, are governed by the site plan process, and will require finalsite inspections and acceptance, prior to issuance of Certificate of Occupancy for the CERTUS project. Additional site improvements for new Lots 3 and 4 (e.g. structures, parking areas, landscaping, etc.) will be reviewed and approved through a separate (future) site plan review and approval process for each lot. All common subdivision improvements (e.g. access driveways, drainage improvements, etc.) will be private, with the exception of certain utility facilities, which have been dedicated to and guaranteed to Indian River County as required by the Utility Services Department. All requirements of final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to replat Parcel "A", Lot 3, and Tract 1 of The Landings Commercial Subdivision. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 186 32391400004000000000.2 vegOR R� ik\ so • 0 0 O. 8 0 S 0 S to 32391500000700000009.0 0 1500000700000009.0 n o PLAT BOOK: 0 ^ 61-61-91 NO11335 8318900 1638H1600 H1 30 839803 106361000 10 61-61-16 335 6/1 MN 839803 3N .406 81-1661-348091 A3A80S H3038 0830 0309015 9510 9IONINn1V '010 .1 11118 33010 91 w z vii .038n0d 19390609 A3A805 83938 063A 30 Ain 06004 / 11,01.133N11111109 '40 1NIOd / (a) .11'9061 (5598 ONIN939) .601196 3 .91,96.69.5 1.\,_,L99111 M .96.9569 N (0) ,69969 M ,96,95.69 N '14 '69 '3d **LL ITN - 7` (a) ,08 109 .00'09 • o Ni .99.95.69 N e 5 5m� ai ao jno<.-no 'agorc Qo " jn"9 noaaltou $o$tl mnsocimry0cioo J 'M1�:m iC)OrUrc BO \J' u�i: o vi�mo:i u:u c�Di�Oa 1 /-3Nn '8'0'8 Rums al0 • (14 '016003 83016 NV106) m V SZCZ 'Od 'COL '8'8'0) \ ( (0910938 30 5599) 0 3388E '0N 163913093 _ iO CZ N0LL33S 40 3911 H180N � ,611L96 3 .96,96.69 ST -1 A'.:1'3 0l \ 61 N0LL335 30 3911 HLn0S' 8'0'6 30141 ,00'911 I AlN0 3911 1081900 A3A805T33N1S O2/£'S / OV02/ A8838SONIN om e . \ OI — 0606 0683850819 / '15 0864/ .16'169 M .99.9569 N 39n '6'0'8 14.1809 010 3'0'd'3 0008 1883960919 / '15 8819 ONINNO38 d0 1NIOd ,0001 39n '6'0'8 81609 08111 M 919.68 N O1086 3 .99,99.69 S ,1('111 3 ,95,956E J' \ 2 •� a N Z. d P P P A P P P Q 0 8 N 17. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland M. DeBlois, AICP; Interim Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Scott Rodriguez; Senior Planner, Current Development DATE: August 2, 2019 SUBJECT: Applicant's Request for Final PD Plat Approval for the Replat of Lot 2, Lot 3, and Tract A of the Hampton Woods East PD Residential Subdivision [PD -19-07-04 / 95050141- 84781] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 13, 2019. DESCRIPTION & CONDITIONS: The proposed subdivision is a replat of Lot 2, Lot 3, and Tract A of the Hampton Woods East Planned Development (PD). The proposed replat will remove a small area of the stormwater tract (Tract A) and add that area to Lots 2 and 3. The project site is located south of 16th Street on the east side of 46th Avenue, is zoned RS -2, Residential Single -Family (up to 2 units/acre), has an L-1, Low -Density Residential -1 (up to 3 units/acre) land use designation. The subject final plat application is on file with the Planning Division. On January 20, 2015, the Board of County Commissioners (BCC) granted conceptual PD. plan and special exception approval for the overall PD project. The developer obtained a land development permit for the overall construction of the PD project, completed construction of all required improvements, and obtained a certificate of completion on May 21, 2018. The BCC granted final PD plat approval on June 5, 2018. On June 13, 2019, staff approved a revised preliminary PD plan to replat Lot 2, Lot 3, and Tract A. The proposed replat generally aligns with the existing subdivision infrastructure. However, a small amount of grading and filling will be required within the stormwater tract (Tract A). Therefore, the applicant is proposing to "bond out" the remaining stormwater improvements. The developer is now requesting final PD approval of the proposed replat, and has submitted the following: 1. A final PD plat in conformance with the approved preliminary PD plan/plat; 2. An Engineer's Certified Cost Estimate for the required stormwater improvements; and 189 3. A Contract for Construction of remaining required improvements, with cash deposit and escrow agreement. The Board is now to consider granting final PD plat approval for the replat of Lot 2, Lot 3, and Tract A of the Hampton Woods East PD. ANALYSIS: Most, but not all, of the required improvements for the replat of Hampton Woods East PD have been completed. As provided for under the LDRs applicable to this final PD plat application, the developer is proposing to "bond -out" for the remaining 125% of required improvements (stormwater modification). Public Works and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The County Attorney's Office has received a cash deposit and escrow agreement with supporting security in the amount of $11,250 to guarantee construction of the remaining required improvements. All improvements within the replat of Hampton Woods East PD will be private, with the exception of certain utility facilities. Those utility facilities have been dedicated to and guaranteed to Indian River County as required by the Utilities Services Department. All requirements of final PD plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board grant final PD plat approval for the replat of Lot 2, Lot 3, and Tract A of the Hampton Woods East PD Residential Subdivision. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 190 Attachment l 160) (AVNNVW3/3)Ali 40E4 n 8 4\ T CNI �. 8. e 0 n O C 8 8 6 cOt S VD m ii n E 17 R R Fg <l .-ti 0 oo C•1 s N V1 s co V Torii Ate, n ___....._.__ $ e 8 S CA O R & m p1 o g . li R R li 8 o 0 O R s $ I A �- fa Na�d, g O po S s R74 ;rnvi-1120 uolduzmjT) A O i ce/ -I:4 anu nv ;9t 88 a S n 1 a S $ $ R fd. 6, p n. o gO. e. 0---�—_-, a nom e g R .wppw,b� j O g R f1 R n N s g 130 8 Attachment l PLAT BOOK w rl 8 8 8 8 1 1Jv1LL o 8.1 luna .gi 8 ~ $ERAS= / OlL/ 1:4 n/// 8 3 b IL 8 3 s ta;24 41 M .659L99 89 0 ,zs'Ots M .sr,tS,IB 8 PIT Xg mg g .15 N O 8 iP N8 8 6 1 ;//,'//6',-;,;;'7/3"./47.5/{,///,'",7,/"; 1/N .1.� 1 -/pV/t</ 1/1=69$ I// * c g, 3 5 ji."-7. N$E"� � I til •Z6'SSZ 3 ,hZ,94L9 S �� —`�—�/ J I I§; isl§ .:,!§; 8 6Tlis I od 0 ga 88 ¢<8_ 3 W 3 _ o Q^i�8 < WF E ly w W y 3 .•c.v. s t!aJO mu�3xmen nd .-�✓�:f3s� st�os •Bhd �(OmA31M�B 000I350e) Jams 4191 3...,.u, Attachment 2 CONSENT: 8/13/2019. Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: July 24, 2019 SUBJECT: Resolutions Cancelling Taxes on Properties Acquired by Indian River County for Public Purposes Resolutions have been prepared for the purposes of earmarking the public use of the properties and cancelling any delinquent, omitted or current taxes which may exist on the following properties acquired by Indian River County: Public Purpose: Right -Of -Way for 26th Street Location/Description: South 20 feet of Lot 15 of replat of Pine-Metto Park Purchased From: Thomas G. Crouch and Therese B. Crouch Instrument: Warranty Deed, recorded in Book 3221, Page 1878 2. Public Purpose: Right -Of -Way for 108th Avenue Location/Description: Portions of Lots 7, 8 & 9, Block D, Vero Lake Estates Unit H-4 Dedicated From: Primax Properties, LLC Instrument: Special Warranty Deed, recorded in Book 3216, Page 1147 3. Public Purpose: Right -Of -Way for 58th Avenue Location/Description: cutout from 32-39-21-00001-0120-00003.2 Purchased From: Joe N. Idlette, Jr. and Bernice R. Idlette Instrument: Warranty Deed, recorded in Book 3218, Page 926. and re-recorded in Book 3224, Page 1582 193 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to cancel certain taxes upon the properties acquired by Indian River County for a public purpose, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: Resolutions cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 194 Purchased from Thomas G. Crouch and Therese B. Crouch, husband and wife for future planned right-of-way improvements: 26th Street RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 195 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Thomas G. Crouch and Therese B. Crouch, husband and wife, for future planned right-of-way improvements to 26th Street, are hereby cancelled pursuant to the authority of section 196.28, F.S. See warranty deed describing lands, recorded in O.R. Book 3221 at Page 1878, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner ; and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Bob Solari, Chairman Commissioner Susan Adams, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 197 dedication from Primax Properties; LLC for 108t Avenue right-of-way RESOLUTION NO. 2019- A RESOLUTION OF- INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA. STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 198 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were dedicated to Indian River County by Primax Properties, LLC for 108th Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Special Warranty Deed describing lands, recorded in O.R. Book 3216 at Page 1147, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Bob Solari, Chairman Commissioner Susan Adams, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 199 RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and. Deposited with Tax Collector $-0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 200 Purchased from Joe N. Idlette, Jr. and Bernice R. Idlette, husband and wife for future planned right-of-way improvements: 58th Avenue RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 201 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Joe N. Idlette, Jr. and Bernice R. Idlette, husband and wife, for future planned right- of-way improvements to 58th Avenue, are hereby cancelled pursuant to the authority of section 196.28, F.S. See warranty deed describing lands, recorded in O.R. Book 3218 at Page 926 and re-recorded in O.R. Book 3224, Page 1582, all of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Bob Solari, Chairman Commissioner Susan Adams, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 202 RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 203 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Conservation Resources CONSENT AGENDA BCC Meeting 8/13/2019 9N Date: To: July 29, 2019 The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Conservation Resources From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Jones' Pier Conservation Area Public Use Improvements — Hazard Mitigation Assistance — Donadio & Associates, Architects, P.A. — Work Order No. 1 DESRIPTIONS AND CONDITIONS A Hazard Mitigation Grant Program (HMGP) grant application (DR -4283 Hurricane Matthew; 4283-91-R Indian River County 1920s Bungalow) was completed to elevate the house and is currently under review by the State Division of Historic Resources (DHR). In order to proceed with the federal review process, the Florida Division of Emergency Management (FDEM) and State Historic Preservation Office (SHPO) requested construction/design plans to complete their review for eligibility. Staff received a proposal including the necessary scope of work from Donadio & Associates, Architects, P.A. under continuing services contract (RFQ 2018063), the ranking of which was approved by the Board of County Commissioners (BCC) on October 16, 2018, and the BCC subsequently approved the agreements on November 13, 2018. Staff provided the proposal and cost estimate .to the FDEM staff and have been provided a pre -award authorization to proceed with the necessary architectural/engineering design services in the amount of $15,750.00. Under this pre -award authorization, the County would be responsible for 25% of the cost in the amount of $3,937.50. STAFF RECOMMENDATION Staff recommends approval of Work Order No. 1 to Donadio & Associates, P.A. for architectural design services and requests the Board to authorize the Chairman to execute Work Order No. 1 in the amount of $15,750.00. Staff further requests that the Board grant authorization to Beth Powell, Assistant Director -Parks and Conservation Resources to execute the HMGP Pre -Award Cost Request Form. 204 Description Account Number Amount Donadio & Assoc. Work Order #1 (new contract) MSTU Fund/Parks/Jones' Pier Improvements 00421072-066510-18010 $15,750.00 STAFF RECOMMENDATION Staff recommends approval of Work Order No. 1 to Donadio & Associates, P.A. for architectural design services and requests the Board to authorize the Chairman to execute Work Order No. 1 in the amount of $15,750.00. Staff further requests that the Board grant authorization to Beth Powell, Assistant Director -Parks and Conservation Resources to execute the HMGP Pre -Award Cost Request Form. 204 Page two January 29, 2019 Jones' Pier Conservation Area Public Use Improvements — Hazard Mitigation Assistance — Donadio & Associates, Architects, P.A. — Work Order No. 1 ATTACHMENTS • Attachment A — Work Order No. 1 Donadio & Associates Architects, P.A. — Architectural/Structural Engineering for Jones' Pier Historic Residence • Attachment B — Hazards Mitigation Assistance Program Pre -Award Cost Request Form — DR -4283 Hurricane Matthew; 4283-91-R Indian River County 1 920s Bungalow APPROVED AGENDA ITEM FOR AUGUST 13, 2019 205 WORK ORDER NO. 1 JONES PIER CONSERVATION AREA HISTORIC RESIDENCE ARCHITECTURAL/STRUCTURAL ENGINEERING This Work Order Number 1 is entered into this day of August, 2019, pursuant to that certain Continuing Consulting Architectural Services Agreement, dated November 13, 2018, (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and DONADIO & ASSOICATES, ARCHITECTS, P.A. ("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 A (4) Fee Schedule. 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 Donadio & Associates, Architects, P.A. OF INDIAN RIVER COUNTY By: By: Bob Solari, Chairman Title: BCC Approved Date: ATTEST: Jeffery 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 206 July 29, 2019 Beth Powell Asst. Director - Parks & Conservation Resources 5500 77th Street Vero Beach, FL 32967 RE: ARCHITECTURAL/STRUCTURAL ENGINEERING PROPOSAL FOR JONES PIER HISTORIC RESIDENCE 7770 JUNGLE TRAIL ARCHITECT'S PROJECT NO. P2018-23.003.1.2 Dear Ms. Powell, Within the content of this letter is a Proposal for Architectural/Structural Engineering Services to provide Bid Documents for the raising of the existing Historic Residence above the flood plain as per the Owner's Civil Engineering Site Plan. A brief description of the work covered by this Proposal includes the following: 1. ARCHITECTURAL • Coordination meeting with the Owner to establish Design Criteria for the Project. • Field measuring of the Existing Residence to develop a Front Elevation Rendering. • Cad As -Built Drawing of the Historic Front Elevation • Coordination with the Structural Engineer. • Coordination with the Owner's Civil Engineer. • Preparation of Construction Specifications for Bidding • Attendance at Pre -Bid Meeting and Pre -Construction Meeting, if required. • Five (5) sets of signed and sealed Permit Documents. • Response to Building Permit review comments. • Construction Administration Services as defined below for Construction Administration Services. • Four (4) site visits during Construction 2) STRUCTURAL ENGINEERING • Preliminary Site Visit and Survey of Existing Floor Framing System • Two (2) coordination meetings • Construction Documents and Specifications for Residence Foundations, Wood Handicap Ramps and Front Porch for Bidding • Attendance at Pre -Bid Meeting and Pre -Construction Meeting, if required. • Five (5) sets of signed and sealed permit documents. • Responding to Building Permit review comments. • Shop drawing Review of Structural Items, Request for Information and any other items as defined below for Construction Administration Services. • Two (2 ) site visits during Construction. 207 • SCHEMATIC DESIGN PHASE The Architect shall assist the Owner in establishing the program and ascertain the requirements of the project and shall arrive at a mutual understanding of such requirements with the Owner. Based on this understanding the Architect shall prepare Schematic Design Documents consisting of drawings and outline specifications • CONSTRUCTION DOCUMENTS PHASE Based on the approved Design Schematic Design Documents and any further adjustments in the scope or quality of the project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. • BIDDING AND NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents shall assist the Owner in the review of Bids for Construction, attendance at Pre -Bid Meeting, clarifications of RFI's and issuance of addenda. • CONSTRUCTION ADMINISTRATION PHASE OF THE CONSTRUCTION CONTRACT The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the contract for construction and terminates at the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, whichever comes first. The Architect shall provide a maximum of Four (4) periodic Site Observations, Review of Contractor's Applications for Payment, Contractors request for information and/or clarifications, Shop Drawing Reviews, Review of Change Order and decisions on any claims or disputes, Punch - List Walk-Thru with Client and Contractor to determine general conformity with approved plans and specifications. 3) BREAKDOWN OF PROFESSIONAL FEES I) Architectural/Engineering Services: a) Residence Floor Framing Field Verification b) Residence Front Elevation Field Measuring c) Structural Engineering Fee d) Architectural Fee e) Bidding Services f) Construction Administration Services g) Asbestos, Lead and Contaminant Testing Total Fees = $ 1,000.00 = $ 750.00 = $ 5,500.00 = $ 2,500.00 = $ 1,000.00 = $ 2,500.00 = $ 2,500.00 Allowance $ 15,750.00 208 4) FEE PAYMENT SCHEDULE A. The fee is based upon our understanding of the stated goals and upon completion of services described above. The Fee Payment shall be billed monthly based upon the completion of the Scope of Work of the project as of the date of the invoice. Payment is due upon receipt of the invoice. Invoices not paid within thirty (30) days of invoice date will be subject to a finance charge of one and one-half percent (1.5%) per month. Reimbursable expenses are in addition to compensation for Basic Services and include expenses incurred by the Architect, in the interest of the project. Such expenses include, but are not necessarily limited to the cost of reproduction, postage, long-distance communication and facsimiles, photographs and mileage. Reimbursable expenses will be billed at actual cost. Estimated Cost of Reimbursables is a maximum not to exceed amount of One Thousand Five Hundred Dollars ($1,500.00). B. Should the scope of the project change substantially, the fee will be altered accordingly, based upon Owner approval. Such work will be billed at the hourly rates specified below, for the time involved. No additional work will be initiated without Owner written authorization. C. Donadio & Associates, Architects, P.A. Standard Hourly Billing Rates are as follows: Principal $200.00 Senior Project Manager $175.00 Project Manager $135.00 CADD Manager $135.00 CADD Technician I $100.00 CADD Technician II $ 90.00 CADD Technician III $ 85.00 Intern Architect $100.00 Office Manager $ 85.00 Administrative Assistant $ 65.00 Receptionist $ 60.00 Technical Support $ 55.00 D. If the project is abandoned or terminated before completion, owner will be invoiced for the services performed, together with the reimbursable expenses incurred, as of the date of termination. F. Should any questions arise regarding an invoice or any portion thereof, this office should be contacted immediately. Payment for the amount in question may be withheld. However, timely payment of the balance is required. G. Payment for services performed is in no way based upon the receipt of regulatory approvals or project financing. H. This Proposal is valid for 30 days from the date shown hereon and represents the entire understanding between Parties with respect to the referenced Project and may only be modified in writing. 209 5) GENERAL A. Illustrative renderings or models are not part of the Basic Services. B. Interior Design for Future Museum, Exterior Residence Roof and Wall Structural Evaluation, Geotechnical Reports, Environmental Surveys, Asbestos/Lead Testing and Report, Civil Engineering, Off Site Road Way Improvements, As -built Surveys, Re -Zoning, Traffic Analyses, Full Time on Site Representation, Formal Site Plan Submittal, Landscape and Irrigation Design and Drawings, Resealing Crawl Space Access Holes, Permit Application Fees, Building Permit Fees and any other Application Fees for Agency approvals are not part of the Basic Services. C. All drawings, specifications and other documents prepared for this project are for use solely with this project and unless otherwise provided Donadio & Associates, Architects, P.A. are the author and owner and retain all lawful copyrights to such documents. This Proposal letter outlines our Architectural and Structural Engineering Scope of Services. Should this arrangement be acceptable to you, please sign and return one (1) copy to this Office. Thank you for the opportunity to work with you on this project. Very truly yours, Anthony J. Donadio, A.I.A., NCARB AJD Indian River County Board of County Commissioners Print Name Date 210 HAZARD MITIGATION ASSISTANCE PROGRAM PRE -AWARD COST REQUEST FORM To request Pre -Award Costs, please complete this form and submit with your project application. All ELIGIBLE pre -award costs are subject to an approved grant award and availability of funding. If funding is not available or the project is not approved, pre -award costs will NOT be reimbursed and will be the, sole responsibility of the applicant. If your project is approved and pre -award costs are eligible, the cost share for the reimbursement of these activities is up to a 75/25 split. Disaster: DR -4283 Hurricane Matthew Applicant: Indian River County Board of County Commissioners Project Title: 4283-91-R Indian River County 1920s Bugalow Start Date for Pre -Award Activities: Pre -award costs associated with this request incurred prior to the date of declaration are NOT eligible. These costs include: study or research to plan project, engineering, modeling, permitting or environmental study. These costs must be reflected as a line item in the project budget. Construction costs should NOT be included. Construction activities may NOT begin until after a contract has been fully executed with the State for this project. Activity Estimated Cost Estimated Start Date Architectural/Structural Engineering $13,250.00 July 1, 2019 Asbestos/Lead/Contaminent Testing $2,500.00 July 1, 2019 Point of Contact Information: Name: Beth Powell/Steven Hitt Agency: Indian River County Title: Asst. Dir Parks/Sr. Env. Planner Address: 1801 27th Street, Vero Beach, FL 32960 Phone: 772-226-1873/772-226-1240 Email: bpowell@ircgov.com/shift@ircgov.co m Authorizing Agent: Name: Beth Powell Title: Asst. Dir. Parks & Con. Resources Signature: Date: June 3, 2019 211 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Library Services Division Consent Agenda BCC Meeting 08-13-2019 Date: To: July 11, 2019 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Budget Director Jennifer Hyde, Purchasing Manager From: Tracey L. Wehking, Director, Library Services Subject: Award of Bid No: 2019064 Interior Painting at the North County and Main Libraries DESCRIPTIONS AND CONDITIONS: The Main Library was opened in 1991 and expanded in 2002. The North County Library was opened in 1990 and expanded in 2002. Both facilities are heavily used by the public. The interior paint in both locations is now 17 years old and is in need of repainting. BID RESULTS: Advertising Date: June 3, 2019 Bid Opening Date: July 2, 2019 Broadcast to: 322 subscribers Bid Documents Downloaded by: 16 firms Replies: 4 contractors Firm Location North County Price Main Price Total Bid Price Mario's Painting and Services, Inc. Hialeah Gardens $33,093.75 $26,156.25 $59,250.00: Kib Construction Corp. Port St. Lucie $28,860.00 $36,660.00 $65,520.00 A. Thomas Construction, Inc. Ft. Pierce $44,000.00 $51,000.00 $95,000.00 Lucas Waterproofing -Non- responsive: Mandatory addendum not acknowledged Vero Beach N/A ANALYSIS: The Department has determined Mario's Painting and Services, Inc. to be the lowest responsive and responsible bidder. The bid documents anticipated award to a single firm, rather than distributing by facility to streamline oversight by staff. The project is projected to be completed within 90 days following the notice to proceed whichwill be issued upon contract execution. FUNDING: 212 The Main Library has sufficient funds budgeted in Other Contractual Services 00110971-033490 to fund the painting of the Main Library. The North County Library has a shortage in Other Contractual Services 00111271-033490 of $10,159.75 which will be covered by a transfer from Main County Library Other Contractual Services. No additional funding will be required. RECOMMENDATION: Staff recommends that the Board of County Commissioners award the bid to Mario's Painting and Services, Inc., approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorney has approved the agreement as to form and legal sufficiency and after receipt and approval of the required certificate(s) of insurance. ATTACHMENTS: Sample Agreement AGENDA ITEM FOR AUGUST 13, 2019 213 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Mario's Painting and Services, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Painting at North County and Main Libraries ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Painting at North County and Main Libraries Bid Number: 20019064 Project Address: Main Library 1600 21st Street Vero Beach North County Library 1001 C.R. 512 Sebastian ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 45th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual 214 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 $1,148.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $59,250.00 Written Amount: Fifty-nine thousand, two hundred fifty dollars ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be niade. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. 215 ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 216 I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 8, inclusive); (2) Notice to Proceed (3) Certificate(s) of Liability Insurance (4) Invitation to Bid 2019064 (5) Addenda (numbers 1 and 2); (6) CONTRACTOR'S Bid Form (pages 14 to 15 of 44, inclusive); (7) Bid Bond (2 pages inclusive); (8) Drug Free Workplace Form (page 16 of 34) (9) Affidavit of Compliance (page 17 of 24); (10) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 to 19 of 34); (11) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 20 of 34); (12) Certification Regarding Lobbying (page 21 of 34); (13) Warranty Information Form (page 22 of 34); (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 217 ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 218 (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@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. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. 219 B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies, that exist for the purpose of making profit 220 is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: 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) Agent for service of process: By: (Contractor) Attest (CORPORATE SEAL) J Address for giving notices: License No. (Where applicable) Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 221 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services / Parks & Conservation Resources CONSENT AGENDA BCC 08/13/2019 DATE: July 26, 2019 TO: Board of County Commissioners THROUGH: Jason Brown, County Administrator Kristin Daniels, Director, Office of Management & Budget Mike Zito; Assistant County Administrator Kevin Kirwin, Director Parks & Conservation Resources FROM: Beth Powell, Assistant. Director - Parks & Conservation Resources SUBJECT: Approval of Work Order No. 1 — Edlund, Dritenbas, Binkley Architects & Associates, P.A. — Kroegel Homestead Conservation Area Restroom Design and Engineering BACKGROUND On May 9, 2017, the Board approved Work Order No. 5 for MBV Engineering, Inc. to complete Site Plan, Design and Permitting for the public use improvements planned for the Kroegel Homestead, Hallstrom Farmstead and Jones' Pier Conservation Areas. These public use improvements include amenities that are required as part of the management plan approved by the Florida Communities Trust (FCT). The current. site plan has been completed with the exception of the design and engineering of the restroom facility. On October 16, 2018, the Board approved a list of consultants to provide continuing architectural design services under RFQ 2018063; subsequently the Board approved the final agreements on November 13, 2018. Staff received a proposal from Edlund, Dritenbas, Binkley Architects & Associates, P.A. (EDB) for the architectural design services for the Kroegel Homestead restroom facility to include signed and sealed construction documents, construction specifications, and all other tasks outlined in the proposal. The total cost of the proposal including reimbursable expenses is not to exceed $9,000.00. FUNDING Funding is budgeted and available for the EDB, LLC Work Order No.1 in Impact Fees/Parks/Kroegel Homestead Area Improvements under the 5 Year Capital Improvements Program Schedule, adopted on December 4, 2018. 222 Description Account Number Amount EDB Work Order #1 (new contract) Impact Fees/Parks / Kroegel Homestead Area Improvements 10321072-066510-19006 $9,000 222 Page 2 July 26, 2019 Approval of Work Order No. 1 — Edlund, Dritenbas, Binkley Architects & Associates, P.A. — Kroegel Homestead Conservation Area Restroom Design and Engineering STAFF RECOMMENDATION Staff recommends approval of Work Order No. 1 to EDB, LLC for architectural services and requests the Board to authorize the Chairman to execute Work Order No. 1 in the amount of $9,000.00. ATTACHMENTS Work Order No. 1 Edlund, Dritenbas, Binkley Architects & Associates, P.A. — Kroegel Homestead Restroom Design APPROVED AGENDA ITEM FOR: AUGUST 13, 2019 223 WORK ORDER NO. 1 KROEGEL HOMESTEAD RESTROOM ARCHITECTURAL DESIGN This Work Order Number 1 is entered into this day of August, 2019, pursuant to that certain Continuing Consulting Architectural Services Agreement, dated November 13, 2018, (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and EDLUND, DRITENBAS, BINKLEY ARCHITECTS & ASSOCIATES, P.A. ("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 A. 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 Donadio & Associates, Architects, P.A. OF INDIAN RIVER COUNTY By: By: Bob Solari, Chairman Title: BCC Approved Date: ATTEST: Jeffery R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 224 ARCHITECTS lons IMPIPtal ANt 3 n551Iranrr��, July 9, 2019 EOLUND • DRITENBAS 113INKLEY ARCHITECTS AND ASSOCIATES, P.A. 65 Royal Palm•Pointe Ste D Vero Beach FL 32960 Ph (772) 5694320 Fax (772) 569-9208 TO: Indian River County Parks & Conservation Resources 5500 77th Street Vero Beach, FL 32967 Attn. Beth Powell RE: Proposal for Architectural Services for Kroegel Homestead Restrooms Architect's Comm. #070119VB Dear Beth, As per initial meeting, we are pleased to submit our proposal for the above referenced project. This letter shall act our agreement for services. A. Scope The scope of this project is to provide full architectural services for the above referenced project. The building design will be based upon our modified Jungle Trail Restroom Building per our discussions at our initial meeting held on July 1St, 2019. The building will be located per the site plan developed by MBV Engineering. We agree to provide full construction documents capable of receiving a building permit and to be used to obtain construction bids. Our services will include the costs of structural, mechanical, electrical and plumbing consultants used to develop the construction documents. We will also assist the Owner in obtaining a building permit, address building department comments, and make revisions as required due to plan review. We will address bid questions, providing addendums as needed. We will coordinate the site plan design with the civil engineer hired by the Owner, who will be handling site plan approval, the civil and drainage design, acquiring all required stormwater/site utility permits. The Owner will be contracting direct with the civil engineer for his compensation. The Architect will also provide construction administration which would include periodic construction observation at a minimum of once a month during construction, approval of pay applications, change orders, shop drawing review and requests for information (RFI's). 225 B. Deliverables The Architect will provide the following documents to the Owner. 1. 5 sets of signed and sealed construction documents. 2. 2 copies of book specifications. 3. Meetings with Permitting Agencies having jurisdiction over the project as needed. 4. Your Civil Engineering consultant must provide all site plan approvals, input on any parking area and driveway expansion and site stormwater management issues. All site utility designs will be by your Civil Engineering consultant. C. Owner's Responsibility The Owner's Responsibilities shall be as follows: 1.. Provide any existing drawings/surveys. 2. Civil Engineer consultant fees. 3. All permit and application fees. 4. All soil testing costs. 5. Environmental studies if deemed necessary. D. Additional Services 1. Interior design services. 2. Costs to modify completed drawings, previously approved by Owner, for revisions due to scope changes or value engineering. 3. 3D model can be provided at additional cost of $900.00.. 4. Specialized foundation design due to pour soils. 5. Consultation concerning replacements of any work damaged by fire or other cause during construction: 6. Making revisions in drawings, specifications or other documents when such revisions are inconsistent with instruction previously given by the Owner or any agent authorized by the Owner. 7. Preparing as built drawings showing significant changes in work during construction or immediately after building completion. 8. Providing detailed preliminary cost data prior to construction documents. 9. Specialized engineering studies and design (i.e. water and sewer connections outside of the building footprint which would involve services of a Civil Engineer). 10. Additional renderings if needed. 11. Security and surveillance systems design, billed at cost plus 15%. 12. Special consultants outside the normal mechanical, electrical, and plumbing services, billed at cost plus 15%. 226 In the event additional building solutions, expanded scope, or additional research be requested by the Owner, EDB Architects will provide them for additional cost at the following hourly rates: Principal Architect $165.00 per hr. Level I CAD Manager $ 85.00 per hr. Level II CAD Manager $ 75.00 per hr. Administrator, Accounting $ 50.00 per hr. Services of Engineering Consultants (if needed) — cost plus 15%. Any agreement to perform Additional Services must be in writing and signed by both parties prior to commencing any work on the Additional Services. E. Fee The Architect shall invoice for completed work plus reimbursable expenses as they are incurred. Invoicing may be in part or whole for each phase of services. Construction Documents $7,000.00 Bidding/Permitting $500.00 Construction Administration $1,000.00 Total Fee $8,500.00 Reimbursable Expenses $500.00 F. Reimbursable expenses Reimbursable expenses will be invoiced as incurred, include the following: Mileage at $ 0.5,8 per mile. In-house prints 24" X 36" at $ 2.50 each. Special postage or mailing: cost plus 15%. Photocopies @ $0.20 per shee.t CD of all permit documents as a pdf file $25.00. G. Invoicing Invoicing shall be every two weeks based on percentage of completion of deliverables. Payments due the Architect under this Agreement are payable 30 days from the date of the Architect's invoice. Amounts unpaid 30 days after the invoice shall bear interest at 1% per month. If payments due the Architect are not received within 45 days of the date of invoice, the Owner agrees to. assume responsibility, for the cost of any required collection services, including Architect's time, Attorney's fees, legal fees and court costs. The Architect and his Consultants shall not be required to perform any further work on the project and shall not be held liable for any subsequent associated delays or losses of any kind until outstanding amounts are fully satisfied or legally adjudicated.. 227 H. General A. As an instrument of service, all original documents remain the property of the Architect and may not be reproduced in any form or modified fashion, without the written consent of the Architect. B. Invoices: will be based on completed work for the services defined in Article I plus any additional services and reimbursable expenses accumulated during that period. Note: Architect's Reimbursable Expenses are listed in item F of this agreement. C. Regular invoicing will be at two-week intervals. Payments due the Architect under this agreement shall bear interest at the rate of 1.5 percent per month. commencing 30 days after the date of billing. If payments due the Architect are not received within 45 days of the date on the invoice, the Owner agrees to assume responsibility for the cost of all required collection services, legal fees, mediation or court costs, incurred in the interest of collecting these fees. D. If payments due the Architect are not received within 45 days of the date on the invoice, the Owner agrees to assume responsibility for the cost of all required collection services, legal fees, mediation or court costs, incurred in the interest of collecting these fees. E. In the event of any delinquent or disputed invoices, the Owner agrees that the Architect and his Professional Consultants may cease all ongoing efforts on the project until the outstanding invoice is paid or legally adjudicated. F. Disputes regarding this agreement shall be settled in the following order of precedence: Party to Party, Mediation, and Legal Adjudication. This agreement can be terminated by either party with (7) seven calendar -days written notice. The Architect and his subcontractors shall be compensated for all work completed up to the date of termination notice, including anyreimbursable expenses incurred to the date. G. The Architect shall provide architectural services for the. Project as described in this Agreement in a manner consistent with locally accepted standards for professional skill and care. H. EDB maintains Professional Liability insurance. In recognition of the relative risks, rewards and benefits of the Project to both the Owner and EDB, the risks have been allocated such that the Owner agrees, to the fullest extent permitted by law, to limit the liability of EDB to the Owner for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total aggregate limit of EDB to the Owner shall not exceed $5,000.00, or EDB's total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any liability or cause of action for professional liability however alleged or arising unless otherwise prohibited by the laws of the State of Florida. Please note: According to Florida Statute 228 558.0035 an individual employee or agent may not be held individually liable for negligence. If you have any questions regarding this agreement, please call. Please initiate this agreement and return a signed copy to the architect to authorize commencement of the project. Respectfully Submitted, Owner's Agent: John F. Binkley, Architect A.I.A. Printed Name & Title: Date: 229 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator/ Department of General Services / Recreation Division CONSENT AGENDA BCC Meeting 08-13-2019 Date: To: Thru: July 31, 2019 The Honorable Board of County Commissioners Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Jennifer Hyde, Purchasing Manager From: Michael Redstone, Recreation Manager Subject: Approval of Vending Service Agreement BACKGROUND: The Recreation Division through the Purchasing Division advertised for a Request for Proposals (RFP) to place vending machines at the Intergenerational (iG) Recreation Center, Gifford Aquatic Center, North County Aquatic Center and the Shooting Range. Additional County sites may be added, as needed. This is a new agreement for sales of beverages and snacks at these facilities currently being handled by County staff. ANALYSIS: The single response was submitted by the Florida Division of Blind Services ("DBS"). The selection committee determined the DBS proposal to be responsible and the firm qualified to provide the requested service. The Board authorized negotiations with DBS and to bring an agreement back to the Board for approval. FUNDING: No funding is required through this agreement. All proceeds from the resulting agreement will be deposited into the appropriate facility concessions account. The revenue generated from the vending agreement will be 12% of gross sales that will replace sales from in house vending in prior years. RECOMMENDATION: Staff recommends the Board approve the agreement with the Florida Division of Blind Services and authorize the Chairman to sign. ATTACHEMENT: APPROVED AGENDA ITEM FOR AUGUST 13, 2019 230 Agreement THIS AGREEMENT ("Agreement". or "Contract") made and entered into this day of , 20, by and between Department of Education/Division of Blind Services, hereinafter called the Owner or. Contractor and Indian River County, 1801 27th St. Vero Beach, FL. hereinafter called the County. WITNESSED: That whereas, the COUNTY and the Owner agree as set forth below: 1. BASIC AGREEMENT As per specifications of advertised and sealed Indian River County Request for Proposal # 2019030: It is hereby agreed that Owner is granted the exclusive right to securely install, maintain, repair, and insure up to three vending machines ("vending machines") and exclusive right to sell vended items through vending machines at the following locations Intergenerational Recreation Facility ("IG Building"), North County Aquatic Center, Gifford Aquatic Center and the Public Shooting Range at no cost or obligation to the County. Other facilities may be designated by the County. There will be no County participation in the operation or maintenance of the vending machines. 2. PAYMENT TO COUNTY As set forth in their proposal, Owner will provide the following compensation to the County in return for the ability to place the vending machines at the IG Building, North County Aquatic Center, Gifford Aquatic Center and the Public Shooting Range: 12% of monthly proceeds to the County $ 100.00 Minimum monthly guaranteed to the County 3. FILLING THE MACHINE It shall be the responsibility of the Owner to maintain sufficient supplies, to include food, beverages and cash to provide change as necessary in the machine. 4. ELECTRICAL REQUIREMENTS The County shall be responsible for the electrical line installation (standard 110 volt outlet), and the ongoing monthly cost for electrical service. Owner, at its discretion and expense, shall connect the machine through a wireless device, if necessary. 5. INSTALLATION & MAINTENANCE Owner shall install or contract installation of the machine. For insurance requirements and security purposes, the machine must be secured to the rear wall utilizing braces. Owner shall provide all labor involved with service and maintenance of the machine, including supplies. Owner shall provide customer help and technical support within business hours of the day notification is received. A Toll Free number shall be prominently displayed on the front of the machine for customers to call for assistance. 6. SIGNAGE & PRICES Owner shall be allowed to erect signage, subject to review and approval by the County, as necessary to attract business. Signage shall not be placed in view from the exterior of the building. The County and Owner agree that prices charged for snacks and drinks shall not exceed retail prices prevailing in comparable circumstances in the local community. 231 7. TERM OF AGREEMENT This Agreement shall be in effect for a term of thirty six (36) months. The County retains the right to automatically renew this Agreement with the consent of Owner, under the same terms and conditions, for two additional twelve (12) month terms. Additional terms and/or services may be added to this Agreement upon satisfactory negotiation of terms between the County and Owner. Owner must receive written notification from the County to cancel no less than 60 days prior to the end of the initial term. Upon removal of the machine, Owner is not responsible for restoring the County's property to its pre -installation condition (i.e. replacing flooring), unless caused by Owner's negligence or intentional damage. Owner shall maintain all necessary licensure required by local, state and federal authorities for the duration of the Agreement. 8. TERMINATION The parties agree that this Agreement may be cancelled by either party with 30 days' written notice. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this Agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. COUNTY may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 9. LIABILITY INSURANCE AND INDEMNIFICATION Owner shall insure the machine and the cash and supplies used to load it. Owner shall name the County as an additional insured party under its commercial general liability insurance policy and supply the County with proof of insurance. Neither the County nor the Contractor elects to indemnify the other or the vendor from any claim, suit, judgment, debt, or damages, arising out of performance or failure to perform or negligent or wrongful acts or omissions under this Agreement of any of its employees, servants, or agents acting within the employee's, servant's or agent's office under this Agreement. Neither the County nor the Contractor waives its sovereign immunity, except to the extent provided by law. Nothing in this Agreement may be construed as the consent of the County or the Contractor to be sued by the other or the vendor in any matter arising out of this Agreement. This section shall survive the termination of this Agreement. 232 10. ASSIGNMENT OF AGREEMENT If Owner is unable to provide the services outlined in this Agreement, Owner has the right to assign this Agreement to a third -party provider approved by the County prior to the assignment date. Any assignment would be for the same terms and conditions as the original Agreement. If Owner agrees to the servicing of the vending machines by a suitable agent, a licensed blind vendor, who may be replaced over time by another blind vendor. He or she may employ assistants as may be necessary to carry on this business in a satisfactory manner. If circumstances are such that no blind vendor is available to service the location, the Ownerreserves the right to assign a private company to service the vending machines as long as needed. 11. VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 12. MACHINE LOCATIONS The vending machines shall be located at the designated sites: Intergenerational Recreation Facility at 1590 9th St SW, Vero Beach North County Aquatic Center at 9450 CR 512, Sebastian Gifford Aquatic Center at 4895 43rd Ave, Vero Beach Public Shooting Range at 10455 102nd Terrace, Sebastian 13. 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 allpublic 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 233 County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County, Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractortocomply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed this Agreement. OWNER Indian. River County, Florida BOARD OF COUNTY COMMISSIONERS Authorized Officer (Print Name) Signature of Authorized Officer Bob Solari, BCC Chairman Witnessed by: Approved by BCC Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency By: County Attorney Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: Deputy Clerk 234 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT AGENDA BCC Meeting 08-13-2019 gR Date: July 31, 2019 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Mike Redstone, Recreation Manager Subject: Facility Lease Agreement with Vero Beach Foundation Gators Football & Cheer Corporation DESCRIPTION AND CONDITIONS: The Vero Beach Foundation Gators Football and Cheer Corporation (hereafter the "League") utilizes the football field facilities at the Victor Hart Sr. Community Enhancement Complex. The attached Facility Lease Agreement memorializes the terms under which the County has provided and maintained these facilities for the benefit of the Gifford's youth over the years. Although the County currently funds all maintenance, utility, and capital improvement costs in connection with this arrangement, the League has resolved to become more self-sufficient over time in striving to bear a resemblance to the contributions made by other public private partners throughout the County. ALTERNATIVES AND ANALYSIS The proposed lease calls for annual rent of $1 per year. There will be an initial term of 1 year with one consecutive 1 -year renewal option. Termination requires 6 months notice if the County is unableto budget and appropriate adequate funding to continue the Agreement. The Agreement requires that the County be named as additional insured on the League's insurance policy which has beenreceived, reviewed and approved by the County's Risk Manager. The Certificate of Liability Insurance, along with the Leagues - Articles of Incorporation, and IRS 501(c)(3) designation are on file and available for review at the Recreation Manager's office. FUNDING: This Agreement does not require an increase in the current funding allocation for the maintenance and operation of the recreation fields at Victor Hart Sr. Community Enhancement Complex. The continuation of this Agreement is subject to annual funding and appropriations by the Board of County Commission. RECOMMENDATION: Staff recommends approval of the attached Facility Lease Agreement with authorization for the Chairman to execute Facility Lease Agreement with Vero Beach Foundation Gators Football and Cheer Corporation. ATTACHMENTS: Facility Lease Agreement APPROVED AGENDA ITEM FOR AUGUST 13, 2019 235 Facility Lease Agreement Lessor: Indian River County, Florida A political subdivision of the State of Florida 1801 27th Street Vero Beach, FL 32960 (Hereinafter "County") Lessee: Vero Beach Foundation Gators Football and Cheer Corporation A Florida non-profit Corporation 8526 105th Ave Vero Beach, FL 32967 (Hereinafter "League") Witnesseth That: WHEREAS, the County is the owner of a 39 acre parcel of land commonly known as the Victor Hart Sr. Community Enhancement Complex ( VHSCEC ), located at 4715 43rd Avenue, Vero Beach, Florida; and WHEREAS, Victor Hart Sr. Community Enhancement Complex consists of two baseball fields (the Jackie Robinson Field and the Ralph Jay Lundy Senior Field), a football field (Wilson - Chisholm), a basketball court, a children's park with play equipment, restroom facilities, tennis wall and courts, covered pavilions and a fitness trail, fencing, parking, concession activities stand, press boxes and announcers booths; and WHEREAS, the League is a 501(c)(3) non-profit corporation organized under the laws of Florida. The League is formed to develop, 'promote and foster sports talent for individuals by organizing local youth football and cheerleading; and WHEREAS, the League has a present need to use Wilson -Chisholm Field and the restrooms (together hereinafter the "Premises") for their home game field to facilitate their football program; and WHEREAS, the County believes that leasing the Premises to the League for one (1) year would be in the public interest by providing a useful amenity for the recreational enjoyment of football enthusiasts in the Gifford Community as well as in Indian River County; and WHEREAS, the County and the League understand that the initial obligations set forth in this agreement reflect the current nature of the League's limited financial capabilities, and that both parties intend that these obligations and responsibilities will be reevaluated over time; and NOW, THEREFORE, for in consideration of the Premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 236 Section 1 — Adoption of "Whereas" Clauses. 1.01 Incorporation of Recitals: The above recitals are true and correct and are incorporated herein. Section 2 — The Lease Agreement 2.01 Duration: The County shall lease the Premises to the League for the term of one (1) year at the rate of one dollar ($1.00) a year. The lease agreement (hereinafter "Agreement") shall be automatically extended for one year under terms similar to this Agreement, unless one party notifies the other party in writing of its intent to not renew at least sixty (60) days prior to the expiration of the first year period. If the County and the League agree to extend the Agreement, the League's obligations will be reevaluated by the County and the League. Substantial changes to the Agreement may be made only with the written approval of the County and the League. The effective date of this Agreement is August 13, 2019. 2.02 Contact Persons: Theinitial contact person for the League shall be the League's President, Calvin Moment, whose address is 8526 105th Ave, Vero Beach, Florida, 32967 and whose phone number is (772) 388-6015 (hereinafter "League's Representative"). The contact person for the County shall be Mike Redstone, the Manager of Recreation whose address is the Recreation Department Office, 1590 9th Street SW, Vero Beach, Florida 32962, and whose number is (772) 226-1727 (hereinafter "Manager"). Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the League's Representative and the Manager for attempted resolution. The League's Representative and the Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. The League and the County will update the information in this subsection on or before the annual anniversary date of this Agreement. Section 3 — The Premises 3.01 The Premises: The premises is located in an area commonly known as the Wilson/Chisholm Football Fields located within the Victor Hart Sr. Community Enhancement Complex. The Agreement does not include any other areas of VHSCEC with the exception of a limited use of Lundy Field as set forth in Section 5. 3.02 League's Use of The Premises: The Premises shall be used by the League for the purpose of developing, promoting and fostering sports talent by organizing local and statewide youth, football competitions as well as cheerleading competitions. This includes meetings of the League's Board of Directors, player registration, concession stand activities, football games and practices. Concession stand activities as used herein shall only include the sale of regularly distributed non- alcoholic beverages and snacks. Any license for operation of concessions shall be the responsibility of the League. The League may also conduct fundraising activities on the Premises subject to notifying the Manager thirty (30) calendar days in advance of the activity. The League shall obtain any and all necessary licenses, approvals or permits required for any use of the Premises. No other use is authorized without the written approval of the Manager. 237 3.03 Required Documentation to Use the Premises: The League shall provide the Manager with the following information within five (5) days of signing this Agreement, and no later than May 15th of each following year, unless otherwise provided in this Agreement: a) Names and contact information for the League Board of Directors as well as the name and contact information for the League's Representative pursuant to Section 2.02; b) Confirmation of continued active status as a nonprofit organization in the State of Florida; c) Proof of insurance identified in Section 12 of this Agreement; d) A sworn notarized statement regarding background screening of coaches and assistant coaches per subsection 6.04 of this Agreement; and e) A schedule of League events including fundraising activities, practices and games for purposes of scheduling maintenance of the fields by July 1St of each year. Changes to the schedule shall be submitted to the Manager at least 72 hours in advance. Section 4 — The Wilson -Chisholm Field 4.01 Exclusive Use of the Wilson -Chisholm Field: The County grants unto the League the exclusive right to use the Wilson -Chisholm Field during May - November basis for purposes of conducting League practices and games. The League shall deliver to the County a list of its scheduled games in accordance with subsection 3.03. Subject to availability and without causing undue interference with regular activities and events previously scheduled by the League, the County reserves the right to utilize the Wilson -Chisholm Field for games or special events at no charge to the County. The County agrees to provide a two (2) week notice to the League of the time and date it intends on using the Wilson -Chisholm Field. 4.02 League's Control of the Wilson -Chisholm Field: The League will have control over the Wilson -Chisholm Field during the season to conduct games, practices and events. Control does not include denying the County access to the Wilson -Chisholm Field for inspection or otherwise. Both the League and the County will have keys to unlock the gates and access the Wilson - Chisholm Field Section 5 — The Lundy Field 5.01 Non -Exclusive Use and. Control of the Lundy Field: The County grants unto the League the non-exclusive right to use the Lundy Field from May 1 st — November 1st of any given year (hereinafter "Primary Season") subject to County approval upon request by the League.. The League shall deliver to the County a list of its proposed practices in accordance with subsection 3.03. At any time the Lundy Field is not being used by the League, it may be used by another sports group for a compatible use (football, baseball, etc.). Both the League and the County will have keys to unlock the gates and access the Lundy Field. Section 6 — The League's Initial Obligations and Responsibilities 6.01 General Obligations: The League agrees to: a) Not charge admission to any game under this Agreement; b) Not sell, give, permit or otherwise distribute any alcoholic beverages or tobacco products on the Premises or at VHEC; 238 c) Use the Premises solely for the purpose of providing youth football and cheerleading activities; d) Leave the Premises free of litter, personal items, materials and equipment at the end of each day; e) Provide in-kind services as delineated in sub -section 6.02; f) Maintain and replace, at the League's expense and without obligation or liability to the County, all items or equipment belonging to the League that are on the Premises. g) Take great care to ensure that Wilson -Chisholm Field is kept in its current condition by rotating practices and drill areas and following field use best management practices and guidance from the County. 6.02 In -Kind Services: In lieu of payment of the annual maintenance costs to the County, the League agrees to initially provide at a minimum the following in-kind services: a) Maintain the designated containers for trash; b) Place daily litter and trash located on the Premises, including the field, the bleachers, the parking area(s), the restrooms, the concession activity stands and the common areas into the designated containers so that the trash and litter can be properly disposed of; c) Clean and sanitize restrooms, including but not limited to, keeping the restrooms stocked with toilet paper, soap, and hand towels that the County will provide to the League; d) Provide the paper product supplies for the restrooms on the Premises; e) Painting of the field line as needed and color is approved by the County's Parks and Conservation Resources Director and consistent with color scheme of other facilities owned by the County; and f) Maintain scoreboardsystem including, but not limited to, the wireless control. League shall be responsible for replacement of scoreboard controller if lost, stolen, damaged or misplaced. 6.03 Licenses, Permits and Fees: The League shall be responsible for obtaining any license or permits required for the operation of the concession or for placing signs at the Premises. The League shall also be responsible for any and all fees related to the operation of their programs at the Premises. 6.04 Background Screening: The League is required to run a background screen on its coaches and assistant coaches, consistent with the requirements set forth in Section 943.0438, Florida Statutes, for sexual offenders and sexual predators. If the League wishes to add to the list of coaches or assistant coaches, it must first conduct a background screening and submit the name(s) to the Manager within 5 days of the approval of the background screening. 6.05 Thor Guard Lightening Operational System: The County maintains a Thor Guard Lightening Operating System for VHSCEC. The League is responsible for abiding by the rules in the event the alarm is activated and emergency shelter becomes necessary. 6.06 Non-discrimination. The League shall operate the Premises in a non-discriminatory manner complying with all local, state and federal laws, rules or regulations. 239 6.07 Improvements: The League shall not make or allow to be made any alterations, additions or improvements (hereinafter "Improvements") without obtaining the prior written approval of the County, which consent shall not be unreasonably withheld, delayed or conditioned. The League shall deliver to the County a copy of the construction plans and specifications for all Improvements, if applicable, which the League proposes to make in or to the Premises. The League agrees that all approved work shall be done in a good and workmanlike manner. The League shall obtain, at the League's expense, all necessary permits and approvals from governmental authorities for the commencement and completion of any such Improvements and shall finish furnish evidence of such approval to the County prior to the commencement of construction or installation of any such Improvements. All Improvements shall be constructed in accordance with all applicable building codes, laws, and regulations. All of League's Improvements shall be deemed to be a part of the Premises, and the League shall be obligated to maintain and repair the same. All Improvements in or to the Premises shall, when made, become the property of the County and shall be surrendered to the County upon termination of this Agreement, Section 7 — The County's Obligations and Responsibilities 7.01 The County's Obligations: Based on available staff and budget limitations, the County agrees to: a) Maintain Wilson -Chisholm Field with turf maintenance services; b) Do initial lining for the first game set forth in the League's schedule; c) Provide field lighting for the Premises including all costs associated with maintenance of the equipment and bulb replacement; d) Pay for utilities including water, sewer, electric; e) Maintenance and operation of the Thor Guard Lightening Operating System. Section 8 — Emergency County Use 8.01 Emergency County Use: In an emergency declared by the appropriate authorities under Chapter 252, Florida Statutes, the County reserves the right to use the Premises as a part of its emergency response and recovery operation as long as reasonably necessary in the County's opinion. In such an event, the County shall restore the Premises at the County's expense to the same condition as it was prior to the County's use. For said restoration, time will be of the essence. Section 9 — Rights to Assign 9.01 Assignment: Neither the County nor the League shall have the right to assign any or all of its rights and interests under this Agreement to any successor in business or parent company without prior written consent of both parties. Section 10 — Indemnification 10.01 Hold Harmless: The League shall defend, indemnify and hold the County harmless from any and all claims for damages arising out of this Agreement, except for those claims arising out of the County's own negligence. This includes, without limitation, attorneys' fees, on account of injury of damage to persons, firms or corporations or to property directly or indirectly arising out 240 of or relating to this agreement, the performance or breach thereof, or the use or occupancy of the Premises, the parking lot area or other areas of the Premises by the League. In the event the League shall fail to defend any such action on behalf of the County to the satisfaction of the County, the County may, but shall not be obligated to, defend the same by counsel of its choice, the cost of which defense to be borne exclusively by the League. Nothing in this agreement shall be construed to affect in any way the County's rights, privileges, and immunities, including sovereign immunity as provided by Florida law. Section 11— Liability 11.01 Liability for Damage or Injury: The County shall not be responsible for any loss, damage or injury which may be sustained by any party or persons at the Premises other than the damage or injury caused solely by the negligence of the County. 11.02 The League is an Independent Operator: The League is, and shall be at all times, an independent operator that is responsible to all parties for all of its acts or omissions. 11.03 AYCAA Charter Rules: The League shall operate consistent with Charter Rules except as otherwise provided in this Agreement. Section 12 — Insurance 12.01 Insurance: The League shall procure and maintain throughout the term of this Agreement comprehensive general liability insurance providing for a minimum of $300,000.00 per occurrence. If the League participates in Away Games, it shall also procure and maintain throughout the term of this Agreement automobile insurance providing for a minimum $300,000 combined single limit. The insurance policies shall be written and with a company that is acceptable to the County's Risk Management Division (must have at least an A- VII rating with A.M. Best). The name of the insured on both policies must be the League and the County must be named as an additional insured. Within five (5) days of the execution of this Agreement, the League shall provide the County with both certificates of insurance showing the additionally insured and specifying the deductible of the referenced policies. Updated certificates of insurance must be delivered to the County no later than July 1 of each following year. The certificates shall provide for thirty (30) days prior written notice from the insurer to County of any cancellation or amendment to the said insurance policies. In the event the League fails to deliver the referenced certificates to the County in the above stated manner, the County may immediately cancel this Agreement or, but shall not be obligated to, procure the required policies. Section 13 — Termination. and Breach of the Agreement 13.01 Termination: The County shall have the right to terminate this Agreement without cause and thereby end any and all obligations created by this Agreement subject to sixty (60) day notice. 13.02 Breach of the Agreement: It is a breach of this Agreement if the League fails to maintain the required insurance pursuant to Section 12, and the County may automatically terminate this 241 Agreement. With the exception of Section 12, if the League defaults in performing any of its obligations or breaches any of the material terms of this Agreement, the County will serve written notice on the League and give it thirty (30) calendar days to cure the default or breach. If the League does not cure the default or breach within the thirty (30) day time period, the County may immediately terminate this Agreement and repossess the Premises. 13.03 Mediation: In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Indian River County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall be admissible as evidence in any subsequent proceeding concerning the disputed issue. Section 14 — Notice 14.01 Notice: Wherever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to or on the other, such notice or demand shall not be deemed to have been duly given or served unless in writing and either personally delivered or forwarded by registered or certified mail, postage prepaid, to the respective addresses hereinafter set forth. To County: Mike Redstone Manager of Recreation 1590 9th St S.W. Vero Beach, Florida 32962 With Copy To: Indian River County Attorney 1801 27th Street Vero Beach, Florida 32960 To League: Calvin Moment President Vero Beach Foundation Gators Football and Cheer Corporation 8526 105th Ave Vero Beach, FL 32967 242 Section 15 — Governing Law 15.01 Rules and Regulations: The League will observe, obey and comply with all rules and regulations of both its AYCAA charter and those adopted by the County and: all laws, ordinances and regulations of other governmental units and agencies having lawful jurisdiction. 15.02 Venue: Venue for any lawsuit shall be in Indian River County, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. In Witness Whereof, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of this day of , 2019. VERO BEACH FOUNDATION GATORS BOARD OF COUNTY COMMISSIONERS FOOTBALL AND CHEER CORP.. INDIAN RIVER COUNTY, FLORIDA BY: BY: Authorized Representative Print Name: Date: Bob Solari, Chairman Date Approved: BY: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller BY: BY: Dylan Reingold Deputy Clerk County Attorney 243 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM CONSENT 0s TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: July 18, 2019 SUBJECT: 2020 Holiday Schedule For consideration by the Board of County Commissioners, the following is the proposed schedule of holidays for Indian River County employees for 2020: Holiday County Observance New Year's Day Wednesday, January 1, 2020 Martin Luther King Jr. Day Monday, January 20, 2020 Good Friday Friday, April 10, 2020 Memorial Day Monday, May 25, 2020 Independence Day Friday, July 3, 2020 (observed) Labor Day Monday, September 7, 2020 Veterans Day Wednesday, November 11, 2020 Thanksgiving Day Thursday, November 26, 2020 Day after Thanksgiving Friday, November 27, 2020 Christmas Eve. Thursday, December 24, 2020 Christmas Day Friday, December 25, 2020 New Year's Day Friday, January 1, 2021 By: Jason Brown, County Administrator Date 244 INDIAN RIVER COUNTY MEMORANDUM CONSENT 7T TO: The Honorable Board of County Commissioners THRU Jason Brown County Administrator FROM: Suzanne Boyll'" Human Resources Director DATE: August 2, 2019 SUBJECT: Health. Insurance Additional Health Advocacy Benefit effective August 1, 2019 BACKGROUND Indian River County Board of County Commissioners has approved a group health insurance benefit to be provided to eligible employees and retirees of the Board of County Commissioners and the respective Constitutional Officers (Sheriff, Property Appraiser, Tax Collector, Clerk of Courts, and the Supervisor of Elections) to include their eligible dependents. Healthcare is complex and there are numerous issues beyond just the medical treatment that members experience related to treatment decisions, billing, coverage questions and claims confusion. Trying to work through these types of issues can be time consuming and frustrating. Consistent with the direction of the Board, Human Resources identified a benefit enhancement that would provide much needed support and assistance to our members. The County has a current agreement with Health Advocate (Corporate Care Works) for an employee assistance program. Under this program, all employees (full-time, part-time, and temporary) and their dependents have access to 24 hour/7 day a week support for work/life issues related to relationships, family/parenting, stress, grief/loss, anxiety, depression, substance abuse, financial stress, and balancing work/family. Health Advocate also offers a Health Advocacy service that provides a concierge level of service to individuals covered under our health plan who need support and assistance regarding health care issues. The Health Advocacy service would provide members with access to experienced Personal Health Advocates to provide personalized assistance with healthcare issues, treatment decisions, billing issues, coverage questions, claims confusion, and other concerns that may arise. The advocacy benefit includes Clinical Decision Support and Administrative Support. Examples of Clinical Decision Support • Answer questions about medical diagnoses and review treatment options • Research and identify the latest, most advanced approaches to care 245 • Coordinate clinical service related to all aspects of medical care • Identify top experts and Centers of Excellence across the country for initial consults and second opinions • Discuss the cost and quality of medical service to help members make informed decisions • Help employee prepare for doctor visits, review results and plan future actions • Provide ongoing assistance and support Example of Administrative Support • Explain coverage and coordinate benefits • Research and resolve insurance claims and medical billing issues • Identify leading in -network doctors using a proprietary MEDIS quality care evaluation approach and make appointments • Facilitate any required pre -authorizations for medical services, Durable Medical Equipment and prescription drugs • Research ways to reduce prescriptions drug and other costs • Facilitate the transfer of medical records between physicals Personalized Member Website and Mobile App Health Advocate provides a secure member website and mobile app that will enable members to view the status of Health Advocate cases in real time, upload documents and forms, and connect instantly to live support. Eligibility The Health Advocate service is available to insured members under our group health plan and is also extended to spouses, dependents, parents and parents-in-law of the covered member regardless of whether the dependent is insured under the health plan. Key Benefits of Health Advocacy • Increases employee productivity by relieving employees of time-consuming administrative tasks • Saves employees time, money and worry • Provides expanded support in a professional and compassionate manner to assist with resolving complex issues • Provide decision making support for annual benefit open enrollment • Maximizes appropriate benefits utilization • Increases employee satisfaction • Gets covered members to the right care at the right time • Helps improve health outcomes and reduce medical costs • Provides covered retirees with support and assistance 246 Under resolution 2019-057, the County Administrator has approved entering into an agreement with Health Advocate to provide these services effective August 1, 2019 for all members covered under the health plan to include retirees. The agreement with West Health Advocate Solutions is attached. This item was presented to the Board as an informational item at the July 9, 2019 meeting. Because the initial agreement is for a three (3) year term, with subsequent renewals occurring annually, we are presenting to the Board for ratification. If the County is not satisfied with the serviced received, the Agreement with West Health Advocate Solutions for Health Advocacy services would not be renewed. FUNDING: The cost of this benefit will be funded from the health insurance trust fund Employee Assistance Program Fees— 504-127-519-034584 and will be based on a per member per month fee of $1.15. The estimated annual cost for all covered members under our group health insurance plan (including retirees) is $26,500 per year. RECOMMENDATION: Ratify the multi-year agreement with West Health Advocate Solutions to provide Health Advocacy Services for all employees and retirees enrolled on the County's health plan and authorize the County Administrator to renew annually if services provided are satisfactory. 247 WEST HEALTH ADVOCATE SOLUTIONS, INC. Principal Executive Offices: 3043 Walton Road Plymouth Meeting, PA 19462 PLAN SPONSOR AGREEMENT This Plan Sponsor Agreement ("this Agreement") is made and entered into by and between West Health Advocate Solutions, Inc., ("Health Advocate"), and Indian River County ("Client"), and is intended to describe their business relationship in which Health Advocate will provide administrative and informational services to all eligible employees ("Employees") of Indian River County, as well as the Employee's spouse, dependents, parents and mothers and fathers in-law (collectively, "Members"). Health Advocate and Client will hereinafter collectively be referred to as "the Parties" and referred to individually each as a "Party." 1. Description of Services: Health Advocate will provide its Core Advocacy Service as more fully described on Exhibit "A" (collectively, "theServices"). 2. Term / Termination: a. This Agreement shall be effective as of August 01, 2019 (the "Effective Date"). b. The initial term of this Agreement shall be thirty-six (36) months from the Effective Date ("the Initial Term"). Thereafter, this Agreement shall automatically renew for consecutive one (1) year terms (each a "Renewal Term") unless either Party provides written notice to the other, at least sixty (60) days before the end of the Initial Term or any Renewal Term, of its intention not to renew this Agreement. The terms and conditions of this Agreement shall apply to the Initial Term and any Renewal Term unless modified in writing by the Parties. c. In the event that either Party shall default in the performance of any of its material covenants, or undertakings under this Agreement, and such default shall continue and not be corrected within thirty (30) days after the receipt of written notice thereof from the non -breaching Party specifying the default and requesting correction of such default, the non -breaching Party may terminate this Agreement by delivering written notice to such effect to the other Party, which notice shall be immediately effective upon receipt. 248 d. This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) the making of a general assignment for the benefit of creditors by a Party; (ii) the filing of a voluntary petition or the commencement of any proceeding by either Party for any relief under any bankruptcy or insolvency laws, or any laws relating to the relief of debtors, readjustment of indebtedness, reorganization, composition or extension; (iii) any involuntary petition or the commencement of any proceeding by or against either Party for any relief under any bankruptcy or insolvency laws, or any laws relating to the relief of debtors, readjustment of indebtedness, reorganization, composition or extension that is not dismissed within ninety (90) days of the date that it was filed or commenced; or (iv) suspension of the transaction of the usual business of either Party for a period in excess of thirty (30) days. e. Upon the termination or non -renewal of this Agreement and upon Client's written request, Health Advocate will destroy, unless otherwise prohibited by law, without cost to Client, any Confidential Information that was received from Client pursuant to this Agreement in tangible, electronic, or other form, other than signed copies of this Agreement. Notwithstanding the foregoing, Health Advocate may retain one copy for its legal archives of any Confidential Information in its possession subject to any consent provided by or with such Member; if such Member consent does not exist such Member Confidential Information shall be subject to the confidentiality provisions of this Agreement. 3. Fees: a. Client shall pay Health Advocate $1.15 per Employee per month ("PEPM") for the Services as described herein ("Service Fees"). b. This Service Fee applies to the first contract year, only. However, Service Fees will increase by no more than 10% in both year two (2) and year three (3) of the Initial Term. Notice of any Service Fee increase will be provided to Client, in writing, at least ninety (90) days prior to the annual anniversary date of this Agreement. c. Such Service Fee shall be paid to Health Advocate on a monthly basis and shall be received by Health Advocate, on or before the first (1st) day of the month for which Services are to be provided. d. This Service Fee is based on approximately 1,900 Employee lives. e. This Service Fee includes Health Advocate's standard marketing materials including employee brochures and telephone number wallet cards shipped to a single location for distribution by Client. Other marketing materials will be provided to Client as electronic files in camera-ready format. Additional charges may apply for special requests including, but not limited to the costs associated with travel for employee meetings and/or health fairs; customized or additional educational, promotional, or marketing materials; and/or postage and shipping costs for such additional materials. f. All Fees paid hereunder shall be sent with an electronic file compiled by Client containing information reasonably sufficient to permit Health Advocate to reconcile compensation payments in a timely manner. 249 g. Upon termination of this Agreement, payments under this section shall cease; however, Health Advocate shall be entitled to any payments due for periods or partial periods that accrued prior to the date of termination for which Health Advocate has not yet been paid. 4. Confidentiality: a. The Parties agree to protect the privacy and confidentiality of any and all Member personal and medical information in their possession ("Confidential Information"), abiding by all applicable laws and regulations. b. The Parties agree to abide by the Business Associate Agreement, attached hereto as Exhibit "B" and incorporated herein by reference, which contains such terms as are required by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Final Rule for Standards for Privacy of Individually Identifiable Health Information adopted by the United States Department of Health and Human Services and codified at 45 C.F.R. part 160 and part 164, subparts A & E (the "Privacy Rule"), the HIPAA Security Rule, codified at 45 C.F.R. Part 164 Subpart C and Subtitle D of the Health Information Technology for Economic and Clinical Health Act ("HITECH") including C.F.R. Sections 164.308, 164.310, 164.312 and 164.316 in effect, or as amended. c. Health Advocate will not use any Confidential Information for any purpose other than that for which it is provided nor will Health Advocate sell, transfer or disclose this Confidential Information for its own benefit or the benefit of others. d. Health Advocate agrees that it shall notify Client, as soon as practicable, but at least within ten (10) business days, following discovery of any unauthorized use or disclosure of Confidential Information, and will cooperate with Client, as necessary, to remedy such unauthorized use or disclosure by Health Advocate or any third -party and to prevent further unauthorized use. e. Neither Party to this Agreement shall use any confidential information, (i.e., information that by its very nature is deemed to be confidential, including confidential business information), of the other Party: (a) for its own benefit or that of any third party; (b) to the Disclosing Party's detriment; or (c) in any manner other than to perform its obligations under this Agreement. f. It is essential for Confidential Information, including Protected Health Information, to be maintained after the expiration of this Agreement for regulatory and other business reasons. Accordingly, Health Advocate's obligations of confidentiality with respect to Client's Confidential Information, exchanged during the Term of this Agreement, shall survive any termination or non -renewal of this Agreement. 250 5. Reports: Upon request, Health Advocate will provide Client with its standard utilization reports, on an annual basis. 6. Indemnification: a. Each Party shall indemnify, defend and hold harmless the other Party, its officers, employees, directors, affiliated companies and agents from and against any and all third party claims, actions demands and lawsuits (together "Claims") against the indemnified Party, and all resulting costs, liabilities, damages and expenses, including reasonable attorneys' fees and costs of suit arising out of: i. the indemnifying Party's breach or violation of any representation, warranty or covenant in this Agreement; ii. the violation by a Party, in the performance of its obligations hereunder of any law, statute, rule, regulation or order of a governmental authority; or iii. the indemnifying Party's negligence or willful misconduct. b. Client will indemnify Health Advocate for any Claim brought against Health Advocate arising out of, related to or as a result of Health Advocate's compliance with a specific Client direction. Further, Health Advocate shall have no obligation to indemnify Client for any Claim brought against Client as a direct result of Health Advocate's compliance with a specific Client direction. c. The obligations of indemnity hereunder are conditioned on the Party seeking indemnification (i) giving the indemnifying Party prompt written notice of any Claim for which indemnification will be sought, (ii) permitting the indemnifying party to assume exclusively the control of the defense and settlement of such Claim, and (iii) providing reasonable assistance and cooperation (at the indemnified Party's expense) in the defense and settlement of such Claim. The indemnified Party may take part in its defense at its own expense after the indemnifying Party assumes the control thereof. The indemnifying Party shall not settle or compromise any indemnified Claim hereunder in a manner that admits fault or liability on the part of the indemnified Party, or requires the indemnified Party to take or forbear from taking any action, unless with the prior written consent of the indemnified Party (such consent not to be unreasonably withheld). d. Client's liability under this Agreement shall be limited to the extent set forth in Section 768.28, Florida Statutes, and shall not be deemed a waiver of Client's sovereign immunity 7. General: a. Binding Agreement. This Agreement shall be fully binding upon and inure to the benefit of the legal representatives, successors in interest and permitted assigns of the Parties hereto. b. Entire Understanding. This Agreement, along with its attachments, constitutes the entire Agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous arrangements, understandings, 251 negotiations, and discussions of the Parties with respect to the subject matter hereof, whether written. or oral; and there are no warranties, representations, or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. c. Amendments to this Agreement. This Agreement may be amended only by the mutual written consent and agreement of the Parties. In addition, upon the enactment of any law or final regulation affecting the use or disclosure of Protected Health Information, or the publication of any definitive decision of a court of the United States or any state relating to any such law or the publication of any definitive interpretive policy or definitive opinion of any governmental agency charged with the enforcement of any such law or regulation, the Parties shall agree to amend this Agreement in such manner as necessary to comply with such law or regulation. d. No Third Party Beneficiary. Nothing in this Agreement shall be construed to give any person or entity other than the Parties any legal or equitable claim, right, or remedy; rather this Agreement is intended to be for the sole and exclusive benefit of the Parties. e. Assignability. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, which consent may be withheld in the other Party's sole discretion, except that this Agreement may be assigned by either Party without such prior written consent: i. to an affiliate of the assigning Party; or ii. to an entity that merges with or acquires the business or stock of such Party to which this Agreement relates. Subject to the foregoing, this Agreement shall be fully binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective successors and assigns. f. Relationship of the Parties. This Agreement does not, nor is it intended to, create a relationship of joint venture, principal and agent or partnership between the Parties. The relationship between the Parties is and shall be that of an independent contractor. Nothing in this Agreement shall create or be construed to create the relationship of employer and employee. Each Party acknowledges that it shall have no authority to obligate or bind the other Party in any way. g. Governing Law. This Agreement shall be governed by the laws of the State of Florida, without regard to the choice of law doctrine or the conflicts of law principles of any other jurisdiction to the contrary. However, the Parties agree that, at least 45 days prior to initiating any litigation or complaint under this Agreement, they shall hold good faith informal dispute resolution meetings at a mutually agreed upon location. h. Dispute Resolution. The Parties agree that in the event of a dispute or alleged breach they will work together in good faith to resolve the matter internally by escalating it to higher levels of management and, if necessary, to use a mutually agreed upon alternative dispute resolution mechanism prior to resorting to litigation. 252 i. Limitation of Liability. i. Limitation: NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSS OF GOODWILL, DATA OR PROFITS, OR COST OF COVER. THE TOTAL LIABILITY FOR EITHER PARTY IS LIMITED TO THREE TIMES THE AMOUNT PAID TO HEALTH ADVOCATE BY CLIENT FOR SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ii. Application: THE FOREGOING LIMITS ON LIABILITY WILL APPLY WHETHER THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY AND CONTRACT, EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. iii. Time Limit: No cause of action which accrued more than two (2) years prior to the filing of a suit may be asserted by either Party. The Health Advocate Trademark. Client recognizes that the "Health Advocate" trademark is the sole and exclusive property of Health Advocate and will take all reasonable and appropriate measures to avoid any actions that would harm such mark. Client is not authorized to prepare or distribute any promotional or descriptive material relating to this Agreement or the Services, other than for identification and/or distribution of promotional and descriptive materials or unless required by law, without the prior written approval of Health Advocate. However, once consent for particular language is granted, as to Client, it need not be requested for the same language, again. k. Notices. All notices, demands, solicitations of consent or approval and other communications hereunder required or permitted shall be in writing and shall be deemed to have been given when: (i.) personally delivered; (ii.) upon the date documented as being received when sent by facsimile or other electronic transmission; (iii.) five (5) business days after the date when deposited in the United States mail, sent postage prepaid or by registered or certified mail, return receipt requested; or (iv.) upon the date documented as being received when sent by private courier addressed as follows: For Client: Suzanne M. Boyll, Human Resources Director Indian River County Board of County Commissioners 1800 27th Street Building B Vero Beach, FL 32960 Tel. No.: (772-226-1402Fax No.: (772)-770-5004 E-mail: sboyll@ircgov.com For Health Advocate: Katharine N. Begley, Senior Vice President, Head of Sales West Health Advocate Solutions, Inc. 3043 Walton Road Plymouth Meeting, PA 19462 Tel. No.: (610) 397-7398 Fax No.: (610) 825-7776 E-mail: kbegley(a�healthadvocate.com Either Party may change its address for the receipt of notices hereunder by giving the other Party notice, as prescribed herein, of that new address. I. Member Awareness. Client shall engage in ongoing and frequent communication with its employees to promote the Health Advocate Service. m. Non -Solicitation. During the Initial and any renewal Term of this Agreement and for a period of one (1) year following the date of termination or non -renewal hereof, Client shall not knowingly hire, solicit, or attempt to solicit the services of any current employee of Health Advocate without the prior written consent of Health Advocate. Violation of this provision shall entitle Health Advocate to receive from Client, as liquidated damages, an amount equal to two hundred percent (200%) of the solicited person's annual compensation. This covenant against solicitation shall not be construed to prevent "blind" advertisements or mailings that are directed to the public through the use of newspaper, television, radio or the Internet. Limitation of Authority. Neither Party shall obligate the other Party, nor make, alter or waive any of the terms or conditions of any of the other Party's forms, policies, contracts or advertising materials, except to the extent authorized in writing by the 254 other Party. Neither Party shall hold itself out as an employee, partner or officer of the other Party, nor as an agent of the other Party or in any other manner, or for any other purpose than is set forth in this Agreement. o. Survival of Certain Obligations. Any obligations set forth in this Agreement that by their nature should be continuous and survive any termination or non -renewal of this Agreement including, but not limited to, the obligations regarding confidentiality and indemnification shall be continuous and shall survive any termination or non -renewal of this Agreement. p. Separability. Each provision of this Agreement shall be considered separable and if any provision or provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. q. No Waiver of Rights, Powers and/or Remedies. The failure or delay of either Party hereto in exercising or enforcing any right, power or remedy under this Agreement, and no course of dealing between the Parties hereto, shall be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. r. Reserved Rights. Health Advocate explicitly reserves the right to discontinue or withdraw from sale, modify, change, or amend any product, program or Service described in this Agreement, if it is determined by Health Advocate, in its sole discretion, to be necessary to do so based, for example, on a change in the legislative or regulatory environment in which Health Advocate operates. s. Titles. AH section titles or captions contained in this Agreement are for convenience only and will in no way modify or affect the meaning or construction of any of the terms or provisions hereof and shall not be deemed part of the text of this Agreement. t. Interpretation. The Parties hereto acknowledge and agree that (i) the rule of construction providing that any ambiguities are resolved against the drafting Party will not apply in interpreting the terms and provisions of this Agreement; and (ii) the terms and provisions of this Agreement will be construed fairly as to all Parties hereto and not in favor of or against a Party, regardless of which Party was generally responsible for the preparation of this Agreement. u. Force Majeure. Neither Party hereto shall have any liability for delay or non -fulfillment of any terms of this Agreement caused by any cause not within such Party's reasonable control (but excluding financial inability) such as an act of God, war, riots or civil disturbance, strikes, accident, fire, transportation conditions, labor and/or material shortages, governmental controls, regulations and permits and/or embargoes. 255 v. Counterparts. This Agreement may be signed in counterparts, which together will constitute one Agreement. 8. 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(aiircgov.com 256 Attorney Indian River County Office of the County 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. 9. Termination in Regards to 287.135: A. 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. B. 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. C. 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. 10. Disclaimer: Client acknowledges its understanding that Health Advocate provides administrative, informational and referral type services, through its employees. Health Advocate does not provide health insurance or medical services, nor does it recommend treatment. Consequently, all medical services are provided by independent healthcare practitioners, who are not employees or agents of Health Advocate. IN WITNESS WHEREOF, and intending to be legally bound, the Parties have caused this Agreement to be signed by their duly authorized representatives. 257 For Indian River County: Signed: Name: Jason E. Brown Title: County Administrator Dated: For West Health Advocate Solutions, Inc.: Signed: Name: Katharine N. Begley Title: Senior Vice President, Head of Sales Dated: 258 EXHIBIT "A" HEALTH ADVOCATE SERVICES The Personal Health Advocate is typically a Registered Nurse or a person experienced in benefits and administrative issues assigned to serve the Member as soon as he/she calls to access the Services. Personal Health Advocates handle a range of issues as Members seek healthcare services and interact with providers and insurers. • Care Coordination: The Personal Health Advocate helps Members coordinate care among physicians and medical institutions. • Medical Director and Administrative Support: Physicians and administrative staff support the Personal Health Advocates. Benefits Advantage TM • Claims Assistance: Personal Health Advocates help sort out and solve claims and related paperwork problems and assist Members with coverage and benefits issues. • Fee Negotiation: When necessary, Health Advocate can attempt to negotiate fees with healthcare providers and review questionable bills to catch duplicative and/or erroneous charges. • Grievance Advice: As appropriate, Health Advocate will provide advice and/or assistance to Members when filing a complaint or grievance with their health insurer. • Coverage AdvantageTM: The Personal Health Advocate can help Members through the coverage review process and, when necessary, can also assist in identifying alternative coverage options. • RxAdvocateTM: The Personal Health Advocate can assist Members with prescription drug issues including formulary and benefit questions. Physician Locator: Personal Health Advocates can help Members identify physicians, hospitals, dentists and other healthcare providers for needed services. Advocates of Excellence: Personal Health Advocates can help identify leading medical institutions, Centers of Excellence and medical providers to assist Members in need of complex medical care. Our Personal Health Advocates can also help Members schedule appointments with these providers, as required. Health Advocate CareQuest: This Service locates resources and makes arrangements for Members in need of special services that typically fall outside the realm of traditional healthcare benefits. The Member is responsible for payment for any services that they use beyond those covered by their health insurance plan. 259 EXHIBIT "B" BUSINESS ASSOCIATE AGREEMENT The Parties hereby agree as follows: 1. Definitions: a. General Definitions. Terms used but not otherwise defined in this Agreement, shall have the same meaning as those terms as set forth in the HIPAA Regulations, as defined below. b. Specific Definitions. (i) `Business Associate" shall mean Health Advocate, Inc. or any of its affiliated entities. (ii) "Breach" shall have the same meaning given to such term in 45 C.F.R. § 164.402. (iii) "Covered Entity" shall mean all group health plans of Client and its Affiliates for which Business Associate provides services to or on behalf of, individually and/or collectively. (iv) "HIPAA" shall mean the Health Insurance Portability and Accountability Act of 1996, as amended from time to time and its implementing regulations (45 C.F.R. Parts 160-64) and the requirements of the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009 (the "HITECH Act"), that are applicable to business associates, along with any guidance and/or regulations issued by DHHS, in effect or as amended. (v) "HIPAA Regulations" shall mean the regulations issued by the U.S. Department of Health and Human Services Office for Civil Rights with respect to HIPAA privacy, security, and enforcement, as set forth in 45 CFR Parts 160 and 164, in effect or as amended. (vi) "Individual" shall have the same meaning as the term "individual" in 45 CFR § 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). (vii)"Protected Health Information" and electronic Protected Health Information (together "PHI") shall have the same meaning as the term "protected health information" in 45 CFR § 160.103, limited to the information created or received by Business Associate from or on behalf of Client, in connection with the performance of the Services provided pursuant to the Plan Sponsor or Services Agreement entered into by and between Business Associate and Client, to which this BAA relates. PHI does not include health information that has been de - identified in accordance with the standards for de -identification provided for in the Privacy Rule. 260 (viii) "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. (ix) "Security Incident" shall have the same meaning given to such term in 45 C.F. R. § 164.304, but shall not include (i) unsuccessful attempts to penetrate computer networks or servers maintained by Business Associate; and (ii) immaterial incidents that occur on a routine basis, such as general "pinging" or "denials of service." (x) "Security Rule" shall mean the Standards for Securing PHI and ePHI as required by 45 CFR §164.302-164.318. (xi) "Unsecured protected health information" refers to PHI that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of Encryption or destruction. (xii) "Required by Law" shall have the same meaning as the term "required by law" in 45 CFR § 164.103. 2. Obligations and Activities of Business Associate: a. Business Associate shall not use or further disclose PHI other than as permitted or required pursuant to the underlying Health Advocate Services Agreement and any Addendum thereto, by this BAA, as Required or permitted by Law, or as directed by the Client. b. Unless otherwise limited, in addition to any other uses and/or disclosures permitted or authorized by this Agreement or required by law, Business Associate may, use the PHI in its possession for the proper management and administration and to fulfill any legal responsibilities of the Business associate, de -identify any and all PHI created or received by it under this Agreement: provided that the de -identification conforms to the requirements of the Privacy Rule, and may aggregate the PHI with that of other covered entities for the purpose of providing Client with data analyses relating to the Health Care Operations of Client ; however, notwithstanding the foregoing Business Associate may not disclose the PHI of one client or covered entity to another of the clients or covered entities involved. c. Business Associate shall use appropriate safeguards to prevent use or disclosure of PHI as provided for by this BAA. d. Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this BAA. e. Business Associate shall report to the Client any Breach or Security Incident of Unsecured PHI of which it becomes aware within ten (10) business days. Business Associate's report shall include all information indicated in 45 CFR § 164.410(c). 261 f. Business Associate shall ensure that any agent, including a subcontractor, to whom it provides PHI agrees in writing to the same restrictions and conditions that apply to Business Associate with respect to such information. To the extent that Company provides Electronic Protected Health Information to any agent or subcontractor, it will require the agent or subcontractor to implement reasonable safeguards to protect the Electronic Protected Health Information consistent with the terms of this Agreement. g. Business Associate shall document disclosures of PHI and information related to such disclosures as would be required for Client to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528. h. Business Associate shall make its internal practices, books, and records, including policies and procedures and PHI, relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of, Client available to the Client, or at the request of the Client, to the Secretary in the time and manner designated by the Client or the Secretary, for purposes of the Secretary determining Client's compliance with the HIPAA Regulations. i. Business Associate shall provide to Client or an Individual an accounting of disclosures of PHI in accordance with 45 CFR § 164.528, in the time and manner designated by Client. J. Business Associate shall retain all documentation indicated in 45 CFR § 164.530(j)(1) for the retention period in accordance with 45 CFR § 164.530(j)(2). k. Business Associate shall determine the Minimum Necessary type and amount of PHI required to perform its services and will comply with 45 CFR §§ 164.502(b) and 164.514(d). I. To ensure compliance with the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Parts 160 and 164 Subpart C, Business Associate shall: (i) implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of electronic PHI that it creates, receives, maintains, or transmits on behalf of the Client; (ii) ensure that any agent, including a subcontractor, to whom Business Associate provides such electronic PHI agrees to enter into an Agreement with terms consistent with or substantially similar to those enumerated herein; (iii) ensure that any agent, including a subcontractor, to whom Business Associate provides PHI shall implement reasonable and appropriate safeguards to protect it; (iv) report immediately to the Client any successful unauthorized access, use, disclosure, modification, or destruction of electronic PHI or interference with system operations in an information system of which Business Associate becomes aware; and 262 (v) report to the Client the aggregate number of unauthorized access, use, disclosure, modification, or destruction of electronic PHI, or interference with system operations in an information system of which Business Associate becomes aware, no later than thirty (30) calendar days after discovery of the attempt(s). m. Business Associate shall comply with all security and privacy provisions of 45 CFR Part 164, and the requirements of 45 CFR § 164.504(e)(1)(ii), and shall further comply with §13401 of the American Recovery and Reinvestment Act of 2009. 3. Permitted or Required Uses and Disclosures by Business Associate: a. General Use and Disclosure. Except as otherwise limited in the Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Client as specified in the underlying Agreement, provided that such use or disclosure of PHI would not violate the Privacy Rule, including the Minimum Necessary requirement. b. Additional Use and Disclosure. (i) Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI for the proper management and administration of the Business Associate's business or to carry out the legal responsibilities of the Business Associate consistent with the provisions of 45 CFR § 164.504(e)(4)(i) and (ii). Business Associate may only disclose PHI for such purposes if: 1) such disclosures are Required by Law; or 2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and be used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. (ii) Except as otherwise limited in this BAA, Business Associate may use PHI to provide Data Aggregation services to Client as permitted by 45 CFR § 164.504(e)(2)(i)(B). (iii) Business Associate may use or disclose PHI to the extent and for purposes authorized by an Individual. (iv) Business Associate may use PHI to report violations of law to appropriate Federal and state authorities, consistent with 45 CFR § 164.502(j)(1). (v) Business Associate must share PHI with Client for permitted purposes, such as for audits performed by or on behalf of Client. 263 4. Obligations of Client: a. Client shall provide Business Associate with any changes in, or revocation of, Authorization by Individual or his or her personal representative to use or disclose PHI, if such changes affect Business Associate's uses or disclosures of PHI. b. Client shall notify Business Associate of any restriction to the use or disclosure of PHI that Client has agreed to in accordance with 45 CFR § 164.522, if such changes affect Business Associate's uses or disclosures of PHI. c. In the event that Client requires Business Associate to share, receive or disclose PHI to another vendor for purposes of fulfilling its obligations pursuant to the Health Advocate Services Agreement, Client agrees to assist Business Associate in obtaining a confidentiality agreement with such vendor. 5. Permissible Requests by Client: Client shall not request, Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Client, except as provided in Sections 3 (b)(i) and (ii) of this BAA. 6. Term and Termination: a. Term. The Terms and Conditions set forth in this Business Associate Agreement shall commence as of the Effective Date of the Plan Sponsor Agreement or Services Agreement, as the case may be, to which this Business Associate Agreement relates and shall terminate when all of the PHI provided by or on behalf of Client to Business Associate, or created or received by Business Associate on behalf of Client, is destroyed or returned to Client, or, if it is infeasible to return or destroy PHI, protections are extended to such information, in accordance with paragraph c of this Section 6. b. Termination for Cause. Upon Client's knowledge of a material breach by Business Associate of a provision of this BAA, Client shall provide an opportunity for Business Associate to cure the breach or end the violation. If Business Associate does not cure the breach or end the violation within the time specified by Client, or if Business Associate has breached a material term of this Agreement and cure is not possible, Client may terminate Business Associate's services upon written notice to Business Associate. c. Effect of Termination. (i) Except as provided in paragraph (c)(ii) of this Section 6, upon cancellation of Business Associate's services or termination of the Agreement for any reason, Business Associate shall return or destroy all PHI received from Client, or created or received by Business Associate on behalf of Client. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. 264 (ii) In the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate shall extend the protections of the Agreement to such PHI and shall limit further use or disclosure of the PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. (iii) Notwithstanding the expiration, cancellation or termination of Business Associate's services or this BAA, Business Associate shall retain all required documentation for the retention period as set forth in Section 2(j) of this Agreement. 7. Miscellaneous: a. Regulatory References. A reference in this BAA to a section in the HIPAA Regulations means the section as in effect or as amended, and for which compliance is required. b. No Third Party Beneficiary. This BAA is intended for the sole benefit of Business Associate and Client. Nothing expressed or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective successors or assignees of the parties, any rights, remedies,, obligations, or liabilities whatsoever, except to the extent that the HIPAA Regulations validly requires the Secretary or any other person to be a third party beneficiary to this Agreement. c. Interpretation. (i) Any ambiguity in the Agreement shall be resolved in favor of a meaning that permits Client to comply with the HIPAA Regulations. (ii) In the event of an inconsistency between the provisions of this Agreement and the HIPAA Regulations, as may be amended from time to time, as a result of interpretation by HHS, a court of competent jurisdiction, or another regulatory agency with authority to enforce HIPAA, the interpretation of HHS, or such court or other regulatory agency shall prevail. (iii) In the event provisions of this Agreement differ from those mandated by the HIPAA Regulations but are nonetheless permitted by the HIPAA Regulations, the provisions of this Agreement shall control. 265 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: August 5, 2019 Subject: Miscellaneous Budget Amendment 013 Description and Conditions 1. On June 18, 2019, the Board of County Commissioners approved a $39,000 work order for design of the Jackie Robinson Training Complex Walking Trail. Exhibit "A" appropriates the funding from Optional Sales Tax/Cash Forward -Oct 1St 2. The County was awarded several HUD grants that spanned over two fiscal years (FY 18/19 and FY 19/20). The actual expenses for FY 18/19 are more than what was originally anticipated. Exhibit "A" appropriates additional revenue and expenses for these grants in the current fiscal year. 3. Human Services has received a $2,000 donation from FP&L. Exhibit "A' appropriates these funds to the Human Services Department to assist families in need. 4. Indian River County's Neighborhood Stabilization Program purchased, renovated and sold foreclosed properties. As loans are satisfied, the recording fees associated with these loans are expensed to the program. Exhibit "A" appropriates funding of $100 from Program Income. 5. Rental Assistance's part time position has been reclassified to a full time position due to the increase in VASH vouchers. Exhibit "A" appropriates funding in the amount of $199,275 from Section 8/Cash Forward -Oct 1st to fund both the part time position and program payments. 6. On February 5, 2019, the Board of County Commissioners approved the bid for Barth Construction, Inc. to demolish former Fire Station #7. Exhibit "A" appropriates funding in the amount of $28,370 from Emergency Services/Reserve for Contingency. 7. The baffles at the Shooting Range are in need of repair. An estimate of $30,000 will put the baffles back into a condition to where the range can be operated for several years to come without major capital or repair expenses. Exhibit "A" appropriates the funding from MSTU/Cash Forward -Oct 1st 266 Board of County Commissioners Page 2 of 2 August 5, 2019 8. In 2008, the State supplied an 1100KW diesel generator at Treasure Coast Elementary School to provide backup power to the County's special needs shelter. The ownership of the generator is to be split between Indian River County and the School District of Indian River County (SDIRC). In 2018, the generator's fuel tank ruptured and SDIRC funded the associated clean-up and fuel tank replacement. SDIRC has invoiced the County for %2 of the aforementioned expenses. Exhibit "A" appropriates funding in the amount of $44,213 from General Fund/Reserve for Contingency. 9. On July 9, 2019 the Board of County Commissioners approved the early payoff of the Series 2009, Water & Sewer Revenue Refunding Bonds in the amount of $11,315,000. Per the 2018 Comprehensive Water, Wastewater and Reclaimed Water Rate Study, the County may utilize Impact Fee Reserves to pay a minimum of 25% water expansion related debt service and 75% of wastewater expansion related debt service. Exhibit "A" appropriates funding in the amount of $5,770,650 from Utilities Impact Fee/Cash Forward Oct 1St Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2018-2019 budget. 267 RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2018-2019 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2018-2019 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2018-2019 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2018-2019 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Peter D.O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2019. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Bob Solari, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTgaNEY Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 013 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $39,000 $0 Expense Optional Sales Tax/Parks/JRTC Walking Trail 31521072-066510-19021 $39,000 $0 2. Revenue Fed/St Grants/ HUD Grant/Alcohope Grant # FL0114L4H091811 136033-331601-19804 $37,488 $0 Fed/St Grants/ HUD Grant/Chronics Grant # FL0360L4H091809 136033-331601-19808 $73,656 $0 Expense. Fed/St Grants/ HUD Grant/Alcohope Grant # FLO114L4H091811 13616364-036730-19804 $37,488 $0 Fed/St Grants/ HUD Grant/Alcohope Grant # FLO114L4H091811 13616364-036730-19808 $73,656 $0 3. Revenue General Fund/Misc. Revenue/Other Contribution/Donation 001038-366090 $2,000 $0 Expense General Fund/Human Services/Other Professional Services 00121164-033190 $2,000 $0 4. Revenue CDBG/NSP Grant Program Income 129038-369919-09128 $100 $0 Expense CDBG/NSP/Closing Funds -Homes for Sale 12913854-088052-09128 $100 $0 5. Expense General FundNeterans Services/Other Machinery & Equipment 00120653-066490 $2,636 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $2,636 269 Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 013 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 6. Revenue Section 8/Cash Forward -Oct 1st 108039-389040 $199,275 $0 Expense Section 8/Rental Assistance/Regular Salaries 10822264-011120 $3,000 $0 Section 8/Rental Assistance/Retirement 10822264-012120 $247 $0 Section 8/Insurance-Life & Health 10822264-012130 $3,028 $0 Section 8/Rental Assistance Payments 10822264-036730 $150,000 $0 Section 8/Rental AssistanceNASH-Rental Assistance 10822264-036734 $43,000 $0 7. Expense Emergency Services/Fire Rescue/Other Contractual Services 11412022-033490 $28,370 $0 Emergency Services/Fire Rescue/Reserve for Contingency 11412022-099910 $0 $28,370 8. Revenue MSTU/Cash Forward -Oct 1st 004039-389040 $30,000 $0 Expense MSTU//Shooting Range/Maint-Structures Except Buildings 00416172-034660 $30,000 $0 9. Expense General Fund/Facilities Maint/Maint-Other Equipment 00122019-034610 $44,213 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $44,213 10. Revenue Utilities Impact Fees/Cash Forward -Oct 1st 472039-389040 $5,770,650 $0 Utilities/Fund Transfer In 471039-381020 $5,770,650 $0 Expense Utilities Impact Fees/Fund Transfers Out 47221936-099210 $5,770,650 $0 Utilities/WW Treatment/Other Debt Service Cost 47121836-077310 $2,539,086 $0 Utilities/Water Production/Other Debt Service Cost 47121936-077310 $2,827,619 $0 Utilities/Sludge/Other Debt Service Cost 47125736-077310 $403,945 $0 270 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 2, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Request to Transfer Florida Department of Health Assets to Indian River County Hospital District BACKGROUND: The Florida Department of Health (FDOH) had been leasing clinic space at the Gifford Health Center from the Indian River County Hospital District (IRCHD) since 2003. FDOH purchased equipment and furnishings with which to operate. As of August 9, 2019, FDOH will no longer operate from that facility. FDOH and the IRCHD have requested that several exam tables, desks and electronic items be declared surplus to the County, and ownership transferred to the IRCHD, to enable continued service at the facility. FDOH does not have need or space for these items, and IRCHD can utilize them at their current location. Section 274.05, Florida Statute authorizes a governmental unit to classify property as surplus, and to offer surplus property to other governmental units. The following items are requested to be declared surplus by the Board and transferred to IRCHD: Asset Description 27983 Pediatric Exam Table — Rain Forest Follies 27984 Pediatric Exam Table -Frosty Friends Ice Cream Truck 27985 Pediatric Exam Table - Ocean Commotion 27988 Pediatric Exam Table — Cool Campers 27989 Pediatric Exam Table — Wally's Trolley 10989 Office Desk 10990 Office Desk 13262 Office Desk 13267 Office Desk N/A Conference Room Projector N/A Conference Room TV RECOMMENDATION: Staff recommends the Board declare the listed items surplus to the County's needs and authorize transfer to the IRCHD so they may continue to be utilized in our community. 271 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 2, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Ranking of Firms for RFP 2019060 — FEMA Public Assistance Consulting Services BACKGROUND: On behalf of the Office of Management and Budget, Requests for Proposals (RFPs) were solicited for Federal Emergency Management Agency (FEMA) Public Assistance Grant support after a disaster or emergency. This work has previously been completed by internal staff. The term of award is proposed for one year with two additional one year renewals available, subject to mutual agreement. RFP RESULTS: Advertising Date: RFP Opening Date: Solicitation Broadcast to: RFP Documents Requested by: Replies: April 17, 2019 May 15, 2019 535 Subscribers (DemandStar)/36 Subscribers (Vendor Registry through www.ircgov.com) 20 Firms (13 Demandstar/7 Vendor Registry) 5 Firms (one firm, Dewberry was designated as non- responsive as none of the required forms were signed) ANALYSIS: A selection committee comprised of Kristin Daniels, CGFO, Director, Office of Management and Budget, Ruth Bommarito, Senior Budget Analyst, Raeanne Cone, CGFO, Senior Accountant, Elissa Nagy, CGFO, Finance Director and Rich Szpyrka, PE, Public Works Director independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. Evaluation criteria included qualifications of the firm, staff and availability, project approach and understanding and cost proposal. These scores were compiled by the committee and an overall initial ranking of firms developed. 272 The committee had a discussion with the top ranked firm, and subsequently designated the initial ranking of firms to be final. Staff is prepared to negotiate with the top ranked firm and bring final agreement to the Board for approval. FUNDING: Pricing by anticipated staff position, as defined by each consultant was proposed and scored at a value of 25 points out of 100. Examples of positions and their hourly pricing are illustrated in the table below. Position or Equivalent Proposing Firm Location 1. Witt O'Brien's, LLC Fort Lauderdale 2. Aptim Environmental & Infrastructure, LLC Baton Rouge, LA 3. Vanir Construction Management, Inc. New Orleans, LA. 4. Culpepper & Terpening Fort Pierce The committee had a discussion with the top ranked firm, and subsequently designated the initial ranking of firms to be final. Staff is prepared to negotiate with the top ranked firm and bring final agreement to the Board for approval. FUNDING: Pricing by anticipated staff position, as defined by each consultant was proposed and scored at a value of 25 points out of 100. Examples of positions and their hourly pricing are illustrated in the table below. Position or Equivalent Witt O'Brien's Aptim Vanir Culpepper & Terpening Project Manager $168 $220 $140 $195 PA/Technical Specialist $155 $135 $95 $110. Expenses incurred for this work will be funded through FEMA's reimbursement of direct administrative costs. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and authorize negotiations with the top ranked firm. 273 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: SUBJECT: August 2, 2019 BOARD OF COUNTY COMMISSIONERS Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager Approval of Annual Contracts for Motor and Pump Repair (RFP 2019056) BACKGROUND: On July 2, 2019, the Board approved the final ranking of firms for RFP 2019056 and authorized negotiations with the two top ranked firms: Florida Armature Works and Kaman Industries. The term of award is three years at the same rates and terms, with the option of two additional one- year renewals. ANALYSIS: Both firms have agreed to the sample agreement offered by the County. RECOMMENDATION: Staff recommends the Board approve the sample agreement and authorize the Chairman to execute the agreements after approval by the County Attorney as to form and legal sufficiency and approval of the required insurance by the Risk Manager. Attachment Sample Agreement 274 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: As needed Motor and Pump Repair ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Annual Motor and Pump Repair RFP Number: 2019056 Project Address: Various sites in Indian River County ARTICLE 3 - TERM The term this agreement is three years at the rates provided as Exhibit 1. ARTICLE 4 — WORK AUTHORIZATION A blanket Purchase Order will be issued each fiscal year to allocate funds, with individual requests for work submitted by email. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for each repair. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as 275 may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Request for Proposals or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposal documents. B. CONTRACTOR has visited the Site(s) and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 276 H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 10, inclusive); (2) Certificate(s) of Liability Insurance; (3) Request for Proposals 2019056 and its Addendum 1; (4) CONTRACTOR'S Submitted Proposal, including all mandatory forms; (5) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Request for Proposals. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns 277 A. OWNER and CONTRACTORS each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or 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. 278 B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 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. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work, which may be eligible for Public Assistance funding after emergencies: A. Compliance with the Contract Work Hours and Safety Standards Act: (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 Tess 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 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. 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 279 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. B. Clean Air Act: (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 OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, 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. C. Federal Water Pollution Control Act: (1) 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. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, 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. 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 (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 the State of Florida, 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 280 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-guideline-cpg- program. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. H. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, 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. 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. 281 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 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. 282 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. 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. 283 This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Bob Solari, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Attest Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Sean McFarland Designated Representative: Title: Assistant Utility Operations Manager Name: Address: 4350 41St Street, Vero Beach, FL 32967 Title: Phone: (772) 226-3402 Address: Email smcfarland@ircgov.com Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 284 Exhibit 1- Pricing INDIAN RIVER COUNTY " ► OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: SUBJECT: August 2, 2019 BOARD OF COUNTY COMMISSIONERS Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager Authorization to Resolicit Concession Services at County Recreation Facilities BACKGROUND: On April 2, 2019, the Board approved the selection committee's acceptance of the single proposal received in response to RFP 2019015 for concession services at recreation facilities and authorized negotiations with Treasure Coast Concessions. ANALYSIS: After negotiations, staff and the vendor have failed to reach mutually agreeable terms, and staff has determined it to be in the County's best interest to terminate negotiations and resolicit proposals. FUNDING: No funding is required to readvertise for concession services. RECOMMENDATION: Staff recommends the Board authorize staff to terminate negotiations with —Treasure Coast Concessions and issue a new request for proposals for concession services at County recreation facilities. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT SZ TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Andy Sobczak, Infrastructure Project Manager SUBJECT: Work Order No. 8, REI Engineers, Inc. — IRC Courthouse Parking Garage and Seal Replacement (IRC -1801) DATE: July 29, 2019 DESCRIPTION AND CONDITIONS Constructed in 1992, the Indian River County Courthouse Parking Garage has many original building components that are in need of repair or replacement. These components include the roof over the elevator shaft, the roofs over the stairwells, the building's internal drainage system, stairs within the stairwells, and isolated areas of external wall damage. In addition, the building needs to be cleaned, resealed and repainted. Since this is a diverse scope of work, the project will be designed and completed in two phases. The first phase will include the more time critical replacement of the roofs over the elevator shaft and stairwells, and the second phase will include the design and completion of the remainder of the work. On April 18, 2014, the Board of County Commissioners approved a Continuing Contract Agreement with REI Engineers, Inc. to perform roofing consultation services to include evaluations of existing roofing conditions, design solutions for remedial work, design solutions for roof replacement, preparation of design documents, and project management. On February 6, 2018, the Board of County Commissioners approved an Extension to the Continuing Contract for an additional 3 -years. Work Order No. 8 is to review and assess repairs at the Indian River County Parking Garage and prepare construction drawings, assist with bidding and provide construction administration services for the two -phased project for a lump sum amount of $50,470.00. FUNDING Funding in the amount of $50,470.00 is budgeted and available in Optional Sales Tax/Account 31522019- 066510-19025/Cou rthouse Parking Garage Improvements. RECOMMENDATION Staff recommends that the BCC approve Work Order No. 8 for REI Engineers, Inc. to design, assist in bidding, and perform construction administration services for the IRC Courthouse Parking Garage and Seal Replacement project, and authorize the Chairman to execute Work Order No. 8 in the lump sum amount of $50,470.00. ATTACHMENTS REI Engineers, Inc. Work Order No. 8 APPROVED AGENDA ITEM FOR AUGUST 13, 2019 287 WORK ORDER NUMBER 8 IRC -1801 IRC Courthouse Parking Garage & Seal Replacement This Work Order Number is entered into as of this day of August , 2019 , pursuant to that certain Continuing Contract Agreement for Roof Consultation Services, dated April 15th, 2014, and extended on February 6, 2018 for an additional 3 -year term, (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political. subdivision of the State of. Florida ("COUNTY") and REI Engineers, Inc. ("Consultant"). All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) licensed with the State of Florida and staff employed directly with your firm. Scope of Services: Indian River County is requesting that REI Engineers, Inc., review and assess repairs necessary, prepare construction drawings consisting of roof plans and details which depict the Scope of Work, assist in the bidding phase, and provide construction administration services for two separate phases of the IRC Courthouse Parking Garage. Phase One includes three small roofs located above elevator shaft and stairwells. Phase Two includes replacement of the garage's internal storm drainage system, repair of walls where rebar is exposed, repair of water -damaged elevator shaft/elevator, repair or replacement of stairs in stairwells, and replacement of building seals and cleaning/repainting of building at 2000 16th Avenue, Vero Beach, FL 32960. All work shall be performed in accordance with the attached Proposal dated April 5, 2019 (EXHIBIT "A") and shall comply with Standards enumerated in the Continuing Contract Agreement for Professional Services, dated April 15, 2014, and extended on February 6, 2018 for an additional 3 -year term. Compensation: The COUNTY agrees to pay, and REI Engineers, Inc., agrees to accept, $50,470.00 for services rendered according to the Proposal dated April 5, 2019, identified in the attached EXHIBIT "A", incorporated by reference herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: REI ENGINEERS, INC. BOARD OF COUNTYCOMMISSIONERS OF INDIAN RIVER COUNTY By: By: Mark Renninger Branch Manager Bob Solari, Chairman 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 nviz E:N G 1 NEER S `EXHIBIT A' April 5, 2019 Indian River County 1801 27th Street Vero Beach, FL 32960 Attention: Andrew Sobczak Infrastructure Project Manager Reference: Proposal for Engineering Services Contract Documents and Construction Administration Indian River County Courthouse Parking Garage Roof and Seal Replacement REI Proposal No. P17TPA-040 Rev 2 Dear Mr. Sobczak: In response to our recent discussions, we are pleased to submit this proposal for your consideration. The engineering services outlined in this proposal are for the parking facility located at Indian River County Courthouse, 2000 16th Ave, Vero Beach, FL 32960. The following is an outline of the proposed services for Contract Documents and Construction Administration: I. CONTRACT DOCUMENTS A. Conduct site visit(s) to review the structure and assess the requested repairs, provide any recommended repairs/modifications, and develop detailed Contract Documents for the subject building. B. Prepare comprehensive scaled drawings for two separate project phases. Phase one includes the replacement of the small roof areas and phase two includes building remediation work. All plans and details to be developed on Computer Aided Drafting (AutoCAD). C. Prepare technical specifications for the requested repairs and recommended repairs/modifications to the structure. D. Provide structural framing drawings if the existing structural light gauge is determined to be deficient at small roof area. E. Issue preliminary Contract Documents for Owner/Indian River County Building Department review. Upon acceptance, final Contract Documents will be prepared and submitted. F. Hold one Pre -Bid Meeting for potential contractors to review the Contract Documents and resolve any questions that may arise during the bid stage of the project. Engineering solutions for tomorrow"' 10150 Highland Manor Drive, Suite 200 reien§$9eers.com Tampa, FL 33610 813.944.2137 ENGINEERS G. Bids shall be analyzed and a recommendation made based on low bid, alternates, contractor's past performance and Owner's budget restrictions. Submit a certified Bid Tabulation and recommendation for award. II. CONSTRUCTION ADMINISTRATION A. Review and accept, as appropriate, shop drawings and submittals as required by the Contract Documents. Return unacceptable submittals to owner as required until compliance with specifications is realized. B. Hold a pre -construction meeting with the successful contractor to ensure a clear understanding of the plans and specifications. C. Perform quality assurance site visit once every five working days, Monday through Friday, to verify work is in compliance with the Contract Documents. Photographs will be taken as deemed necessary for documentation. REI cannot comment on work that takes place and covered while REI is not onsite. D. Prepare and submit reports from each quality assurance site visit relaying information pertaining to weather, area worked, application methods, material types installed during the site visit, and listing of non -conforming items requiring Contractor's correction. E. Certify Contractor's monthly invoicing based on status of work performed as determined from project site visits. F. Review any change orders developed to address changes to the contract requirements. G. Upon notification by the contractor that the job is substantially complete, a substantial completion inspection will be conducted with REI, Owner, Contractor and Manufacturer personnel. A punch list will be prepared to list any minor items that require furthertreatment. H. Upon notification by the contractor that the job is fully complete, a final inspection will be conducted with REI, contractor and Owner personnel. A final inspection report will be submitted upon verifying completion or if necessary, an additional punch list will be prepared. Upon completion of work, verify compliance of warranties and forward to Owner with close out documents and final billing. Conduct a 2 -year Contractor Warranty Roof Inspection before the warranty expires to address warranty issues with the Contractor and Manufacturer. III. PROPOSED SCOPE OF WORK A. Perform requested repairs to the parking structure in two phases of construction. Phase one (1) includes the replacement of three (3) small roofs located above the elevator shaft and stairwells. Phase two (2) includes the replacement of the garage's internal storm drainage system, repair of walls where rebar is exposed, repair of water -damaged elevator shaft/elevator, repair or replacement of stairs in stairwells, and replacement of building seals and cleaning/repainting of building. All finish items specified will be provided to the Owner for acceptance prior to inclusion in the Contract Documents. Engineering solutions for tomorrowTM 10150 Highland Manor Drive, Suite 200 reien@Neers.com Tampa, FL 33610 813.944.2137 REI ENGINEERS IV. ESTIMATED CONSTRUCTION COSTS & ENGINEERING FEES A. Based on the anticipated scope of work for this project, the opinion of probable construction costs and proposed engineering fees are: Phase One (1) Engineering Fees: Licensed Roofing Contractor Steel Framing Investigation $630 Structural Design Drawings (Optional) $3,720 Contract Review Draft Documents $3,090 Contract Final Draft Documents $3,090 Bidding Phase $1,250 Submittal Review $460 Construction Monitoring $2,620 Final Inspection $1.310 Subtotal $16,170 Phase Two (2) Engineering Fees: Contract Review Draft Documents $9,700 Contract Final Draft Documents $9,700 Bidding Phase $1,600 Construction Administration $12,050 Final Inspection $1,250. Subtotal $34,300 Engineering Fee Total $50,470 V. PROJECT SCHEDULE A. Preliminary Contract Documents shall be completed within thirty (30) days of Notice to Proceed. Final Contract Documents shall be completed and sealed within fifteen (15) days of receipt of comments. B. Phase One (1) Construction Administration shall be performed during the estimated construction duration and the project closeout process. This work is expected to take twenty-one (21) calendar days. C. Phase Two (2) Construction Administration shall be performed during the estimated construction duration and the project closeout process. This work is expected to take ninety (90) calendar days. If this proposal meets with your approval, please provide a Work Order. This proposal will remain firm for a period of thirty (30) days. After that time, we reserve the right to review scheduled commitments and prices. If you have any questions, please do not hesitate to call. REI Engineers Mark Renninger, PE, RR Branch Manager Engineering solutions for tomorrowTM 10150 Highland Manor Drive, Suite 200 reienWeers.com Tampa, FL 33610 813.944.2137 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E.; Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: Kirstin Leiendecker P.E., Project Engineer SUBJECT: Work Order No. 4, Environmental Science Associates Jungle Trail Shoreline Stabilization Project (IRC -1823) DATE: July 31, 2019 DESCRIPTION AND CONDITIONS Jungle Trail Road is an unpaved roadway along the eastern shoreline of the Indian River Lagoon that is maintained by Indian River County. Portions of the roadway are within five feet of the Atlantic Intracoastal Waterway and require permanent stabilization to protect the roadway from additional erosion. The destabilization of the roadway is largely attributable to impacts from vessel wakes using the adjacent waterway. Similar erosion along the shoreline to the north of Jungle Trail Road necessitated the construction of a roadway stabilization project in 2006. On October 10, 2017, the Board approved a contract with Environmental Science Associates (ESA) for professional continuing environmental and biological support services. On April 3, 2018 the Board of County Commissioners approved Work Order No. 3 with ESA to provide professional environmental engineering services to design and permit a stabilization project along approximately 750 linear feet of Jungle Trail Road. The project area is located immediately south and adjacent to the 2006 stabilization project near the Sea Oaks Development. The Jungle Trail Shoreline Stabilization project was awarded to XGD Systems, LLC by the Board of County Commissioners for construction in the amount of $225,335.24. The purpose of Work Order No. 4 with ESA is to provide construction services that will include permit compliance review, limited construction monitoring and support to ensure compliance with construction plans and specifications. ESA will be supporting County Staff identifying mangrove removal limits, planting limits and inspection and general construction oversight. Following the completion of the construction activities, ESA will assist with the final acceptance certifications to the regulatory agency. Work Order No.4 includes three (3) separate tasks for a not -to -exceed amount of $24,624.00. FUNDING Funding for a not to exceed amount of $24,624.00 for ESA Work Order No.4 is available from Secondary Roads/Road Stabilization/Jungle Trail Shoreline/Account_ No. 10921441-053360-18022. 292 RECOMMENDATION Staff recommends approval of Work Order No. 4 to Environmental Science Associates authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 4 on their behalf in a not -to -exceed amount of $24,624.00. ATTACHMENT Environmental Science Associates Work Order No. 4 APPROVED AGENDA ITEM FOR AUGUST 13, 2019 293 WORK ORDER NUMBER 4 PROJECT NUMBER: IRC -1823 PROJECT NAME: JUNGLE TRAIL SHORELINE STABILIZATION This Work Order Number 4 is entered into as of this day of 2019, pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support Services, dated October 10th, 2017, (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ENVIRONMENTAL SCIENCE ASSOCIATES, ("Consultant"). The COUNTY has selected the Consultant to perform the Environmental and Biological Support Services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The Environmental and Biological Support Services will be performed by the Consultant for a Not -To -Exceed fee of $ 24,624.00. The Consultant will perform the Environmental and Biological Support Services within the timeframe more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. 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: ENVIRONMENTAL SCIENCE ASSOCIATES By: By: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator William K. DeBraal, County Attorney 294 Background ESA has assisted Indian River County in successfully permitting and bidding the shoreline stabilization project along the Jungle Trail roadway. The tasks below are to be completed by ESA in continued support of Indian River County during the construction phase of the project. SCOPE -OF -WORK Task 1— Attendance at Construction/Progress Meetings Once a contractor is selected, ESA will attend a Pre -Construction Conference to be attended by the County, Contractor and Contractor's associated sub -contractors at the request of the County's Project Manager. It is estimated that Tom Ries, ESA Principal Scientist, and Bryan Flynn, PE, ESA Coastal Engineer, will attend this meeting. It is estimated that construction will take 8 weeks, ESA's Coastal Engineer will attend eight (8) weekly progress meetings with support from ESA scientists, botanists and GIS staff as needed. Meeting minutes will be drafted (including any site photos) and submitted to the County within 24 hours of the meeting. Task 2 - Contractor Submittals/Survey Reviews ESA shall review contractor submittals including daily reports, turbidity plans/results, material submittals, visits to the borrow pit, and plant installation. ESA will review interim and as -built surveys and discuss the results with the assigned County's inspector and Project Manager for accuracy and completeness. It is estimated that this will require up to 24 hours for Bryan Flynn, PE, ESA Coastal Engineer; up to 8 hours for Tom Ries, ESA Principal Scientist, and up to 8 hours for Brad Young, ESA Senior Scientist. Task 3 - Construction Phase/EOR Services Construction Phase Services will be in a support role to County Staff during construction. Each task will be completed by ESA at the request of the County. ESA staff will provide limited construction monitoring and permit compliance. Observations will be made by Brad Young, ESA Senior Scientist (24 hours total) and Bryan Flynn, PE, ESA Coastal Engineer on (24 hours total) to ensure that construction is in compliance with the bid package; including the construction plans, contract documents, bid schedule and permit authorizations for the work. This may include turbidity control, mangrove removal, rip rap and geotextile installation, and planting oversight and inspection. Also BJ Quinton will be available for up to 12 hours of GIS/CAD design work as needed for updates to project design drawings/figures. 295 Following completion of construction activity, ESA will help the County compile and submit the Final Certifications with supportive documentation to the regulatory agencies for acceptance. This scope of work will be completed on a time and materials basis, not to exceed (NTE) the amounts noted below in each task. Budget may be moved between tasks without exceeding the total budget amount with the approval of the County Project Manager. Budget Estimate Task 1: Attendance at Construction Progress Meetings $ 8,730.00 Task 2: Contractor Submittals/Survey Reviews $ 6,678.00 Task 3: Construction Phase/EOR Services $ q,216.00 TOTAL- $24,624.00 ASSUMPTIONS: • County will provide full-time inspector during construction, ESA staff will be available as a reference for County staff during construction. • Task 3 services will only be executed at the request of the County Project Manager. • Budget does not include the completion of seagrass (SAV) or as -built surveys. • Personnel will be charged at the following rates: Tom Ries — Principal Scientist - $177/hr Bryan Flynn — Coastal Engineer - $165/hr Brad Young — Sr. Scientist/Botanist $144/hr Brendan Quinton — GIS Analyst /CAD Designer - saoo/hr • Equipment will be charged at the following rates: Trimble GeoXT—Handheld Differential GPS - $1oo/day 296 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andy P. Sobczak, Infrastructure Project Manager SUBJECT: US Highway 1 Landscaping - South County Line to Oslo Road (IRC -1631) Release of Retainage and Change Order No. 1 DATE: July 26, 2019 DESCRIPTION AND CONDITIONS On November 13, 2018, the Board of County Commissioners awarded Bid No. 2019016 to Green Construction Technologies, Inc. in the amount of $373,659.52 for the installation of landscaping improvements within the medians of US 1 between Oslo Road and the South County line, including planting a total of 10, 568 trees, shrubs, and ground cover plants. This project is in part funded by FDOT 2018 Highway Beautification Grant in the amount of $82,067.00. Change Order No. 1 makes final adjustments to contract bid items. Green Construction Technologies, Inc. has successfully completed the project and has been paid $354,976.54 with $18,682.98 held in retainage to date. Green Construction Technologies, Inc. has submitted Contractor's Application for Payment No. 1631-4 for release of retainage in the amount of $18,682.98. FUNDING Funding in the amount of $18,682.98 is available from Tree Ordinance/Retainage- Green Construction, Account No. 117-206000-19801. Once payment is issued and the check has cleared the bank, staff will invoice FDOT for the grant amount of $82,067.00. RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Application for Payment No. 1631-4 to Green Construction Technologies, Inc. in the amount of $18,682.98 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 1631-4 2. Change Order No. 1 APPROVED AGENDA ITEM FOR AUGUST 13, 2019 297 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: August 13, 2019 EFFECTIVE DATE: August 13, 2019 OWNER: Indian River County CONTRACTOR: Green Construction Technologies, Inc. Project: US Highway 1 Landscaping — South County Line to Oslo Road OWNER's Project No. IRC -1631 OWNER's Bid No. 2019016 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 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 $373,659.52 June 27 2019 Net increase (decrease) of this Change Order: $0 Contract Price with all approved Change Orders: $373,659.52. June 27, 2019 ACCEPTED: By: Green Construction Technologies, Inc. CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (dates) Mav 28, 2019 June 27 2019 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days) 0 0 Contract Time with all approved Change Orders: Substantial Completion` _ Final Completion: (days or dates) May 28, 2019 June 27, 2019 RECOMMENDED: By: Andy P. Sobczak, Infrastructure Project Manager ENGINEER (Signature) Date: APPROVED: By: Richard B. Szpyrka, Public Works Director OWNER (Signature) Date: 298 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: US HIGHWAY 1 LANDSCAPING - SOUTH COUNTY LINE TO OSLO ROAD PROJECT NO. IRC -1631 BID NO. 2019016 Item No. Description Unit Quantity Unit Price _ Price Increase Price Decrease WCD 1 ONGOING MAINTENANCE OF LANDSCAPE IMPROVEMENTS LS 1 15,000.00 15,000.00 FA FORCE ACCOUNT LS 1 15,000.00 15,000.00 SUBTOTALS 15,000.00 15,000.00 US HIGHWAY 1 LANDSCAPING - SOUTH COUNTY LINE TO OSLO ROAD TOTAL $0.00 ITEMIZED BID SCHEDULE PROJECT NAME: 58TH AVENUE RESURFACING/RECLAMATION FROM NORTH OF 26TH STREET TO 57TH STREET I.R.C. PROJECT NO. 1324 BIDDER'S NAME: BID NO. 201XXXX FM NO. 434840-1-58-01 Item No. Description Unit Quantity Unit Price Amount 101-1 MOBILIZATION LS 1 300,000.00 300,000.00 102-1 MAINTENANCE OF TRAFFIC LS 1 125,000.00 125,000.00 104-1 EROSION AND WATER POLLUTION CONTROL LS 1 30,000.00 30,000.00 110-1-1 CLEARING AND GRUBBING LS 1 20,000.00 20,000.00 110-7-1 MAILBOX RELOCATION EA 45 110.00 4,950.00 120-1 EXCAVATION & EMBANKMENT SY 10,000 6.00 60,000.00 120-1A EXCAVATION OF EXISTING ASPHALT & BASE SY 784 25.00 19,600.00 120-2A BORROW EXCAVATION (MILLINGS) (RECLAIMED ASPHALT PAVEMENT BASE (RAP) MIXED IN ROADWAY BASE CY 6,000 15.00 90,000.00 121-70 NON-EXCAVATABLE FLOWABLE FILL CY 50 175.00 8,750.00 160-4 TYPE B STABILIZATION 12" SHOULDER (LBR-40) SY 5,824 7.00 40,768.00 283-70 RECLAIMED ASPHALT BASE COURSE (SHOULDER WIDENING) SY 15,946 6.50 103,649.00 283-71 RECLAIMED ASPHALT BASE COURSE (FULL DEPTH RECLAMATION) SY 54,266 6.50 352,729.00 285-709 OPTIONAL BASE, GROUP 9 (10" LIMEROCK) LBR100 SY 2,200 10.00 22,000.00 300-1 ASPHALT EMULSION TYPE CSS -1 h - QUANTITY BASED ON 2.75 GAL/SY - PAYMENT WILL BE BASED ON ACTUAL QUANTITY GAL 193,083 3.00 579,249.00 327-70-6 MILL EXISTING ASPHALT (1" AVG DEPTH) SY 19,699 5.00 98,495.00 334-1-13A TYPE S.P.-9.5 ASPHALTIC CONCRETE (1" THICK) SY 81,800 6.50 531,700.00 334-1-13 TYPE S.P.-12.5 ASPHALTIC CONCRETE (2" THICK) SY 81,800 8.00 654,400.00 425-1-553 INLETS, DT BOT, TYPE E, J BOT, <10' EA 2 3,000.00 6,000.00 425-5 MANHOLE ADJUSTMENT EA 4 2,000.00 8,000.00 425-6 VALVE BOX ADJUSTMENT EA 73 400.00 29,200.00 430-175-148 PIPE CULVERT, OPT MATERIAL, ROUND, 48" CD LF 136 350.00 47,600.00 530-1 RIPRAP, SAND -CEMENT CY 45 500.00 22,500.00 570-1-2 PERFORMANCE TURF SOD (BAHIA) SY 25,797 2.50 64,492.50 670-5-110 ECONOLITE VEHICLE DETECTOR ASSEMBLY EA 2 30,000.00 60,000.00 700-1-5 SINGLE SIGN POST (RELOCATE) EA 46 140.00 6,440.00 706-3 R.P.M. BI-DIRECTIONAL AMBER/AMBER EA 936 4.25 3,978.00 711-11-121 SOLID TRAFFIC STRIPE (6" WHITE) THERMOPLASTIC LF 34,034 1.25 42,542.50 711-11-123 SOLID TRAFFIC STRIPE (12" WHITE) THERMOPLASTIC LF 890 2.00 1,780.00 300 PROJECT NAME: 58TH AVENUE RESURFACING/RECLAMATION FROM NORTH OF 26TH STREET TO 57TH STREET I.R.C. PROJECT NO. 1324 BID NO. 201XXXX FM NO. 434840-1-58-01 BIDDER'S NAME: ` Item No. Description • - .Unit Quantity Unit Price Amount 711-11-124 SOLID TRAFFIC STRIPE (18" WHITE) THERMOPLASTIC LF 70 2.50 175.00 711-11-125 SOLID TRAFFIC STRIPE (24" WHITE) THERMOPLASTIC LF 492 4.00 1,968.00 711-11-141 SKIP TRAFFIC STRIPE (6" WHITE 2' - 4') THERMOPLASTIC LF 1,305 1.25 1,631.25 711-11-151 SKIP TRAFFIC STRIPE (6" WHITE 6' - 10') THERMOPLASTIC LF 2,406 1.25 3,007.50 711-11-170 TURN ARROWS, THERMOPLASTIC EA 31 75.00 2,325.00 711-3 PAVEMENT MESSAGE (SCHOOL), THERMOPLASTIC EA 2 175.00 350.00 711-4 BICYCLE LANE MARKING, THERMOPLASTIC. EA 23 175.00 4,025.00 711-11-221 SOLID TRAFFIC STRIPE (DOUBLE 6" YELLOW) THERMOPLASTIC LF 16,428 1.75 28,749.00 711-11-224 SOLID TRAFFIC STRIPE (18" YELLOW) THERMOPLASTIC LF 656 2.50 1,640.00 '711-11-251 SKIP TRAFFIC STRIPE (6" YELLOW 10' - 30') THERMOPLASTIC LF 4,190 1.25 5,237.50 58TH AVENUE (NORTH OF 26TH STREET TO NORTH OF 57TH STREET RESURFACING SUB TOTAL 3,382,931.25 FORCE ACCOUNT 200,000.00 TOTAL BID AMOUNT (INCLUDING FORCE ACCOUNT) • TOTAL 3,582,931.25 TOTAL PROJECT BID AMOUNT IN WORDS LS=Lump Sum EA=Each SY=Square Yard GAL=GaIIon LF=Linear Foot CY=Cubic Yard 301 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM gCc CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Andy Sobczak, Infrastructure Project Manager SUBJECT: Amendment No. 1 to Work Order No. 7, MBV Engineering, Inc. North County Offices at Sebastian Corners DATE: August 1, 2019 DESCRIPTION AND CONDITIONS On September 19, 2017, the Board of County Commissioners approved Work Order No. 7 with MBV Engineering, Inc. for design, permitting, and site work for the renovation of the County - owned Sebastian Corners Retail Center, now known as the North County Offices. Following the approval of Work Order No. 7, the tenant (AT&T) located adjacent to the County's office space opted to not renew their lease and vacated the space. Since the additional space would enhance the operation of the new offices, it was incorporated into the design footprint increasing the overall size of the project by approximately 20%. In addition to the footprint adjustment, multiple design changes were requested while the new offices were under construction. In some cases, these changes included the reconfiguration of walls and doors after their initial construction, and also included changes to finishes including countertops, cabinets, floor coverings and paint finishes. These changes required architectural drawings and revisions to plans and permits. Since these type of changes can impact the timeline for completion, and the opening date for the new offices was fixed, they had to be addressed immediately as to not delay the opening. Lastly, to improve visibility of the new offices to the public, additional design services for signage for two wall mounted illuminated signs and vinyl door and window lettering were required. Amendment No. 1 to Work Order No. 7 includes the additional design services for the increase in the project footprint, the redesign and permitting of project elements, and the design services for additional signage. It also includes additional project oversight for management of the design and permit/plan changes for a lump sum amount of $18,275.00. FUNDING Funding for the Amendment 1 to Work Order No. 7, MBV Engineering, Inc. Indian River North County Offices is included in Optional Sales Tax/Facilities Mgmt/North County Offices Expansion, Acct No. 31522019-066510-17018 in the amount of $18.,275.00. F:\Public Works\ENGINEERING DIVISION PROJECTS\1728 IRC Courthouse Renovations Project \I-Admin\Agenda ItemsVtgreement Amendment\IRC-1728 Courthouse Agreement Amendment Staff Rprt.doc 302 RECOMMENDATION Staff recommends that the BCC approve Amendment No. 1 to Work Order No. 7, MBV Engineering, Inc. Indian River North County Offices and authorize the Chairman to execute the Amendment in the lump sum amount of $18,275.00. ATTACHMENTS Amendment No. I. to Work Order No. 7, MBV Engineering, Inc. Exhibit A APPROVED AGENDA ITEM FOR AUGUST 13, 2019 303 AMENDMENT NUMBER 1 WORK ORDER NUMBER SEBASTIAN CORNERS BUILDINGS RENOVATIONS (IRC -1744) This Amendment 1 to Work Order Number 7 : is entered into as of this _ day of 2019, pursuant to that Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement") and that certain. Extension of Continuing Contract Agreement for Professional Services entered into as of this 24th day of October, 2017 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a .political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order No. 7, Effective Date September 19, 2017. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: MBV Engineering, Inc. By: Title: By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court. and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator William D. DeBraal, Deputy County Attorney 304 PJMBV ENGINEERING, INC. MOIA BOWLES VILLAMIZAR & ASSOCIATES wwwmbveng.com CA #3728 August 2, 2019 Mr. Andrew Sobczak, Infrastructure Project Manager Indian River County Public Works 1801 27th Street Vero Beach, FL 32960 EXHIBIT A Via E-mail (asobczak@ircgov.com) Subject: Amendment 1 to Original Contract (Work Order #7) for Professional Engineering Services for IRC Project No. 1744 - Sebastian Corners Building Renovations Indian River County, Florida Engineer's Project Number: 17-0309 ADD 1 Dear Mr. Sobczak: As per our coordination, we are hereby submitting our proposal to provide additional professional services for the above subject project. This proposal shall be considered an amendment to the original executed Work Order and all Work Order conditions shall be part of this amendment. Due to unanticipated conditions and requested building modifications during the construction phase, additional professional services for the below items were required for completion of the project. Addressing these were not anticipated or included in the original scope of work. SCOPE OF WORK: ARCHITECTURAL DESIGN SERVICES: 1. Additional square footage incorporated into project footprint: 1.1. Architectural fees $4,200.00 L2. MEP fees $3,800.00 2. Additional design revisions to 30% plans & additional design services for interior furnishings: $3,100.00 3. Construction cost estimation services for design revisions: $525.00 4. Reselection of design finishes including solid surfacing, laminates, veneers, wall coverings, paint, flooring and acoustic boards: $1,800.00 1835 20th Street Vero Beach, FL 32960 772.569.0035 fax 772.778.3617 1250 W Eau Gallie Blvd., Suite L • 806 Delaware Avenue Melbourne, FL 32935 Ft Pierce,FL 34950 321.253.1510 772.468.9055 Fax 321.253,091 I Fax. 772.778.3617 305 Mr. Andrew Sobczak August 2, 2019 Page 2 Proposal 17-0309 ADDI 5. Graphic signage (vinyl storefront and building mounted illuminated signs): $1300.00 6. Redesign for Supervisor's Office including the addition of a door and a framing redesign for glass panels: $1,200.00 7. Design for acoustic mitigation based on removal of specified wood veneer acousticpanels from design: $1050.00 CIVIL PROJECT MANAGEMENT AND OVERSIGHT SERVICES: 1. Additional Project Oversight, sub -consultant management, County meetings, City of Sebastian coordination: $1300.00 Total Fee for Additional Architectural & Civil Design Services: $18,275.00 306 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Eugene M. Eichelberger 6700 65th Street, Vero Beach, FL 32967 DATE: July 10, 2019 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition for the planned improvements of 66th Avenue between 49th Street - 69th Street. The proposed improvements include widening the existing two-lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Eugene M. Eichelberger owns a 4.39 acre parcel which is zoned A-1. To accommodate the future planned improvements on 66th Avenue, the County needs to acquire 0.34 acres of the parcel for right-of-way purposes and needs a 10 foot Temporary Construction Easement. The County obtained an appraisal of the property indicating a value of $12,500.00. Land Value Part Taking $ 8,500.00 Estimated Value of Improvements $ 4,000.00 Total Just Compensation $12,500.00 The County offered $12,500.00 for the 0.34 acres of right-of-way, and an additional $5,500.00 for the relocation offence, gate and other items. Mr. Eichelberger counter -offered requesting $17,500.00 for the right-of-way. After several months of negotiations the County and the landowner agreed on $5,500.00 for the relocation of fence, gate etc. and $17,500.00 to purchase the right-of-way with a total purchase price of $23,000.00. FUNDING Funding for the ROW in the amount of $23,000.00 is budgeted and available in Account No. 10215241- 066120-07806, Traffic Impact Fees/District 2/ROW/66th Avenue (49th St - 69th St). RECOMMENDATION Staff recommends the Board approve the Purchase Agreement of $23,000.00 for the 0.34 acres of property located at 6700 65th Street, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement Temporary Construction Easement APPROVED AGENDA ITEM FOR: August 13, 2019 307 TCE — 66th Avenue Roadway Widening - Project #1505 PID# 32-39-07-00001-0080-00001.0 Project Parcel #305 — Eugene Eichelberger Prepared by and retum to: IRC -PW -mf 1801 27th Street, Vero Beach, FL 32960-3388 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this day of , 2019, by Eugene M. Eichelberger whose address is 6700 65th Street, Vero Beach, FL 32967 hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of all construction incidentals, such as; grading, sloping, sodding, clearing, excavating, dredging, etc. This easement shall exist only until the completion of the construction work for the 66th Avenue Project No. 1505. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed, and delivered in the presence of: Witness Signature Grantor Signature Printed Name: Printed Name: Eugene M. Eichelberger Witness Signature Printed Name: STATE OF FLORIDA} COUNTY OF INDIAN RIVER} The foregoing instrument was acknowledged before me this day of 2019, by Eugene M. Eichelberger, he/she is personally known to me or produced driver's license as identification. Printed name & Commission # Sign: Notary Public Approved as to Form and Legal Sufficiency: 8 County Attorney 4 3O 4 N36N(W 13315 daijOld `AINflO0 Li3AI I NVIaNI 30190E 130 Vd AO 1-1013>1S aNV NOIldI 0S3a 1VE 31 L40S£OL40 'ON 1031•031d 6l/£ 11£ 31Y0 MroI-A3l bta«AA OCl1-1e&-ZLZ 014 Mt-/6f-Z.1L 3NONd OS= 14 10V39 0104 1100 3040 133615 10tt 911, 9M'S31Y0ORY O4V 1180H -A311011 6100 O uaoH<<<Aami 003 AO 03)0310 Wd A904000 sad AO o3N91S3O OOZ�.t 31ro6 LU L0 U 0 - 3.42,0 ow Z :J- P U 0 W cc x.1I j0 8 NOLLO3S 3NI1 1S3M-\ L0 O.00N SJNI21V3B d0 SISVB-� iS09 '21'x) 3f1N3Av 'H199 - — — Oiz AVM d0 1HOI2J 03S0d021d 0 W Eau) J W (nw >1:L --i Q> z rIL H 0 o Q <00 0 Q 0 W U,- J dZ O3(n0w 0 MmIJi� mW 0 0 Id IX Z 00 Q I -D ctZ 0U W O • > O 0U F'd.UW Z d =O z U ET O J 0m O 3z Jo NZ _Q J0 M) -Fro od dw(nz 0� ~o? M ZOHO ow FO NOw U Z0m UJd NJF-Z w vi. o LL Oro^ 1-o 0lx0• w a U z O 1-F �W -1JW K Z =Om aiM co ��W (() WN 0=0 Z1- Q ~ =o Q0w 0w W O w _1- lin 00 o;U01[) U WJ 3n<WQ0 0 WQ WJT(/) zCC L5 mw zO1Q QI-NO P La-oZ�0O .00WEZ' W� D �ZLwi1F- OQCC 00 (n -O d' 0 C44.1 JO Z0 CC 0W > mM w0D 00.-05 JI- -0'00 F<82 00 N (n W mU 4 d W m w N D U >OH 000-' Q J za_ 8 1OV2i 3NIl 1S3M L 10V2LL 3NIl 1SV3 n O 5°.N to 000 -H �w ('0 0cc 03. O �Q 0)0, 0 N 0 NO)- CI)N 0010 M 0m c'0 cc 0 it n z Hr 3„ Oy1 OW } H Z 0 0000 I t0 I~ U' l0 W 0 0 CC 0_ 0 0 0 Iy01 0 0 LLI Lal W Z LO (o O m 0) z J 0- U < I 0 0 0 04 0 Z X W 4.1 Ld W z z Z J J 1- 0ZW W W CA O Fwd o_ 0 () 0 0 W Q 04 d N W d d SURVEYORS NOTES RIGHT, OF WAY LINE NOT A BOUNDARY OF LEGAL DESCRIPTION ONLY, I- 0 0 W Y F W 00 U 0 Z z (n 0 Z 0 Z z 04 O U> 0 U m<w } 0 IL K :Cit.' 0 0 Q <ce LA Z 0-H V WOW Z Z 0 — 0 0 0 w Q d d 0: 0 0FW O 0\ 0 U U a a:0_ o a_ 12 0 0 41W 0 W J 4.1 H (1) w F v7 W 0) >Q w N (n o O _ O 0 w� W• Q Z > Z CO Z Z QF am -Lla m z 00 00 Q _- 0 w N W O Z 0 305 TCE Mar 15. 2019 5:06am by. domenlo.durr Droning name: K:\ VRBSurvey\INDIAN RIVER C0\661H AVENVE\2017-0112 — Revleed Per IRC\TCE — Sketch and Deecrfptione\PARCEL 305 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND EUGENE M. EICHELBERGER THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2019, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Eugene M. Eichelberger ("the Seller) who agree as follows: WHEREAS, Seller owns a parcel of real estate located at 6700 65th Street, Vero Beach, Florida 32967 (the "Parcel'). A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements on 66th Avenue between 49th Street and 69th Street in the future and the road expansion will impact the Seller's parcel; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 14,811 square feet or 0.34 acres of property as depicted on Exhibit "B", and WHEREAS, the County also needs a 10 foot Temporary Construction Easement (TCE) from Seller as described on Exhibit "C" attached to facilitate the Project, and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain portion of real property located at 6700 65th Street, Vero Beach, FL 32967 and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 14,811 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 310 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $17,500.00 (Seventeen Thousand and Five Hundred 00/100 Dollars) and $5,500.00 (Five Thousand and Five Hundred 00/100 Dollars) for the relocation of the fence and gate. The Purchase Price of $23,000.00 shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 2.2 The Seller agrees that the purchase price ("Purchase Price") of $23,000.00 will cover all project impacts including relocation of the fence and gate, temporary construction easement depicted on Exhibit "C" and other items. 2.3 The County will remove the existing drain pipe across 65th Street on the west side of the property and install a new pipe and inlet across 65th Street at the location shown on Exhibit "D" as SS -202C. 2.4 The County will install a drainage system in the County right-of-way in front of the parcel. The design has been incorporated into the current construction plans for 66th Avenue. See Exhibit "D". 2.5 The County will be responsible for removing and replacing two driveways within the County right-of-way with concrete aprons and stormwater piping as shown in Exhibit "D". 2.6 The County will be responsible for constructing a drainage swale system on the Sellers property as depicted on Exhibit "D". To include SS -202A and SS -202C. 2.7 The Seller will relocate the fence within 120 days of Closing. 2.8 The County would be responsible for installing a culvert across the retention area for access to the western gate. This will be a stabilized grass access point 14 -feet wide. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within 311 the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: 312 (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 313 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: If to County: Eugene M. Eichelberger 6700 65th Street Vero Beach, FL 32967 Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 315 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney Eugene M. Eichelberger Date 316 EXHIBIT "A" INDIAN RIVER FARMS CO SUB PBS 2-12 W 8.99 AC OF TR 8, LYING IN SEC - 7-32- 39, LESS HOWEVER THE N 653.0 FT THEREOF AKA LOT 4 ON DAVID M JONES SURVEY DATED 8-6-98, JOB #98-226R Commonly known as: 6700 65th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-07-00001-0080-00001.0 317 EXHIBIT "B" 1.306 239NIW 13315 Val 01: 'J.1Nl00 213AIN NVIQNI 90C 1301b'd AO H013>IS aNV N011df2i0S30 1V03l 1$05£OL40 'ON 102`0 21.1 LV/ZUL 3LV0 tICCIMOH-131111IMIA atHeL2Tjc am oou-Yet -5L- =ec 2401A4ma OS= v 1431,20 S33L115c =MS NIST OW 71-0 5IlVe158 Off! 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FENCE BEGIN 5' SW I i �n 1 W I I ro •I W 1 _I 0 _ � 41 W C:7' co o �D OZ b96 0 N co io ■ N 2 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM CONSEN TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: Kendra Cope, M.S. Coastal Resources Coordinator SUBJECT: Facilities Use Agreement — St. Lucie County's Harbour Pointe Artificial Reef Deployments 2019 DATE: July 29, 2019 DESCRIPTION AND CONDITIONS On July 3, 2018, the County entered into a contract with McCulley Marine Services, Inc to construct artificial reefs for Indian River County for a period of one year, with up to five renewal periods. This contract was renewed on July 3, 2019. McCulley Marine has historically used Harbour Pointe Park, located in Fort Pierce, for staging and loading of artificial reef materials. This location has proved to be an effective and preferred facility due to its proximity to McCulley's reef fabrication site and the Fort Pierce Inlet. Indian River County was a recipient of a grant from Florida Fish and Wildlife Commission which provided funding to deploy two patch reefs in 2019 made up of concrete limestone modules and recycled mixed concrete. To utilize Harbour Point Park for the deployment of the funded artificial reefs, Indian River County must enter into a Facilities Use Agreement (FUA) with St. Lucie County. The purpose of this agenda is to request Board approval of the FUA which will allow McCulley Marine to stage and load reef modules and recycled mixed concrete for the 2019 funded artificial reef deployments. The FUA will be available in the Public Works office for review. FUNDING Local funding for artificial reef construction includes a portion of Local Option Tourist Tax Revenue. Funding is not needed to approve the Facilities Use Agreement; however, funding in the amount of $60,000 for the deployment of the two patch reefs is budgeted and available for Artificial Reef Construction in the Orchid Island Artificial Reef Account No. 12814472-066510-14013. RECOMMENDATION Staff recommends the Board approve the Facilities Use Agreement with St. Lucie County for Harbour Point Park, and authorize the Chairman to sign five (5) copies of the agreement. APPROVED AGENDA ITEM FOR AUGUST 13, 2019 320 CONSENT INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: Kendra Cope, M.S. Coastal Resources Coordinator SUBJECT: Notice of Grant Application for Funding Assistance from State of Florida Beach Erosion Control Program — FY 2020/21 DATE: July 29, 2019 DESCRIPTION AND CONDITIONS On June 3, 2019, the County received notification from the Florida Department of Environmental Protection (FDEP) that the Beach Management Funding Assistance Program is accepting applications for the FY 2020-2021 Local. Government Funding Requests (LGFR). LGFR applications are due July 31, 2019, which staff submitted prior to application deadline, and require a draft copy of an annual funding resolution from the Local Sponsor at time of application. A fully executed resolution from the Local Sponsor can be submitted after the application deadline, but must be delivered to FDEP by September 27, 2019. For FY 2020-2021, staff is requesting $215,000 in State funding assistance for the Sector 5 Beach and Dune Restoration Project. Staff anticipates cost sharing from the FDEP for permit required post construction monitoring of the Sector 5 project to be 46.65% State and 53.35% County. Total requested grant funding is $215,000; $100,297.50 State: $114,702.50 County. The purpose of this Agenda is to request Board approval to apply for the referenced grant and approval of the County funding resolution. FDEP requires an annual resolution from local governments requesting funding assistance through the FDEP Beach Management Funding Assistance Program. The Resolution does not specify a specific dollar amount. However, the Resolution enables the Department to consider the County's LGFR for Fiscal Year 2020/21. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. Funding for Post Construction Monitoring of the Sector 5 Beach and Dune Restoration project is proposed in the 2019/2020 FY budget request. Once approved, funding will be available in the Beach Restoration Fund, Hurricane Matthew Account - Sector 5, No. 12814472-066510-17001. RECOMMENDATION Staff recommends Board approval of the funding Resolution for FY 2020/21. ATTACHMENT Resolution APPROVED AGENDA ITEM FOR AUGUST 13, 2019 321 RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REQUESTING ASSISTANCE FROM THE STATE OF FLORIDA BEACH EROSION CONTROL PROGRAM - FY 2020/21 WHEREAS, Indian River County has experienced damage to structures and/or coastal lands by beach erosion in areas of public lands; and WHEREAS, Indian River County has established a Beach Preservation Plan to provide a strategy for beach restoration activities; and WHEREAS, Indian River County has established a Beach Preservation Fund to provide funding for beach restoration activities; and WHEREAS, the State of Florida Department of Environmental Protection has established a Beach Erosion Control Program for providing financial assistance for erosion control and preservation of the beaches within the State. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, as follows: 1. The County hereby requests State financial assistance for implementation of coastal erosion control improvements within Indian River County. 2. The County hereby designates Kendra Cope, Coastal Resources Coordinator for Indian River County, as the Project Manager and Agent on behalf of the County. THE FOREGOING RESOLUTION was offered by Commissioner and seconded by Commissioner , and, being put to a vote was as follows: Chairman, Bob Solari Vice Chairman, Susan Adams Commissioner, Peter D. O'Bryan Commissioner, Joseph E. Flescher Commissioner, Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of , 2019. Attest: Jeffrey R. Smith, BOARD OF COUNTY COMMISSIONERS Clerk of Circuit Court and Comptroller INDIAN RIVER COUNTY, FLORIDA By Deputy Clerk Bob Solari, Chairman Approved: Approved as to Form and Legal Sufficiency: Jason E. Brown, County Administrator William K. Debraal, Deputy County Attorney 322 INDIAN RIVER COUNTY, FLORIDA ?GG BOARD MEMORANDUM CONSEN TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: Kendra Cope, M.S. Coastal Resources Coordinator SUBJECT: Agreement for Access and Sand Renourishment to Sexton, Inc. Beach Area DATE: July 29, 2019 BACKGROUND The Sector 5 Beach and Dune Restoration project area is a 3.1 -mile section of shoreline that extends just north of Tracking Station Beach Park south to the Gables Oceanfront Condominiums. The Sector 5 project area sustained damage from Hurricane Matthew (2016) and Hurricane Irma (2017) and is in need of a large-scale beach and dune nourishment project to maintain protection to upland properties and infrastructure. The County is required to obtain executed construction easements from each potentially affected property owner within the project limits. The background/basis of issuance section of the project's Notice of Intent states that "there may be areas where the construction activity may affect upland properties, in such instances, construction easements from the affected upland property owners will be obtained prior to any work being done on their property." DESCRIPTION AND CONDITIONS Sexton, Inc. owns and manages a beachfront property inside the Sector 5 project area named the Ocean Grill. This property has approximately 250 feet of beach frontage, and rests on pilings above the sandy beach profile. Hurricanes Matthew and Irma caused erosion underneath the structure, requiring sand to be placed underneath the building to complete the integrity of the Sector 5 beach project. On May 22, 2019, Sexton, Inc signed a Beach Management and Assessment Easement which authorizes the County to place sand within the north and south property boundaries and within the established erosion control line (eastern boundary) and the hardened structure of the building (western boundary). This was a standard template easement used for all properties within the Sector 5 project area, which meant the additional space eroded underneath the building was not included in the easement allowance. For the County to be allowed to place sand underneath the building, Sexton, Inc and Indian River County must enter into an access agreement. The purpose of this agenda is to request Board approval of the Access Agreement which will allow Indian River County to place sand, as part of the Sector 5 Beach and Dune Restoration project, underneath the structural property referred to as Ocean Grill, to complete the integrity of the project. The access agreement will be available in the Public Works office for review. FUNDING No funding is required to execute the Access Agreement with Sexton, Inc. Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. Funding for the Sector 5 Beach Restoration Project is budgeted in the Beach Restoration Fund/Sector 5 Beach Renourishment/ Hurricane Matthew Account No. 12814472-066510-17001. 323 Page 2 Access Agreement with Sexton, Inc. BOCC Agenda August 13, 2019 RECOMMENDATION Staff recommends the Board approve the Access Agreement with Sexton, Inc., and authorize the chairman to sign one (1) copy of the agreement. APPROVED AGENDA ITEM FOR AUGUST 13, 2019 324 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM CONSENT TO: THROUGH: FROM: SUBJECT: DATE: Jason E. Brown County Administrator Richard B. Szpyrka, P.E. Public Works Director Kendra Cope, M.S. Coastal Resources Coordinator Work Order No. 2018007-3, Coastal Technology Corporation Sector 7 Beach and Dune Re -nourishment — Reconnaissance Survey August 1, 2019 BACKGROUND On January 9, 2018, the Board approved a contract with Coastal Technology Corporation (Coastal Tech) for professional coastal engineering and biological support services related to the management and renourishment of the Sector 7 (Porpoise Point) beach project area. The Sector 7 project area is a 2.2 -mile section of shoreline that extends from Seagrove south to the Moorings in the southern portion of the County. The Sector 7 project area sustained damage from Hurricane Matthew (2016) and Hurricane Irma (2017) and is in need of a large-scale beach and dune nourishment project to maintain protection to upland properties and infrastructure. In order to expedite the permitting process staff instructed Coastal Tech to design a project applying the previously permitted 2007 beach fill template to the current beach conditions. The FDEP permit application was submitted on January 25, 2019 and ACOE permit application on February 1, 2019. On February 22, 2019 Indian River County received a Request for Additional Information (RAI) from FDEP related to the Sector 7 Project application. The RAI required additional hardbottom delineation through a reconnaissance survey with diver verified transects for the purpose of providing current conditions and the landward limit of the nearshore hardbottom prior issuing a permit. County Staff and Coastal Tech held telephone conferences with FDEP staff on March 12, 2019 and June 3, 2019 to reduce the scope of the required reconnaissance survey to provide the minimum amount of information to adequately identify the current conditions of the nearshore hardbottom resources. Information gathered from this survey will allow Coastal Tech to maximize fill placement in their revised beach fill template while avoiding adverse impacts to the nearshore hardbottom habitat. DESCRIPTION AND CONDITIONS The proposed Work Order No. 2018007-3 provides professional services, required for permitting, to complete a reconnaissance survey and habitat characterization report for the Sector 7 Renourishment project. Data collected and analyzed through these services will provide a current status update of the nearshore hardbottom within the project area and will allow Coastal Tech to maximize fill placement in their revised beach fill template while avoiding adverse impacts to the nearshore hardbottom habitat. Page 2 325 BCC Agenda Item Sector 7 Reconnaissance Survey BCC Agenda Item for August 13, 2019 Work Order No, 2018007-3 is for a lump sum amount of $119,087. Services provided include: • Side -Scan Sonar • Diver Verified Hardbottom Survey • Analysis and Reporting FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. Funding for the required reconnaissance survey in the amount of $119,087 is budgeted and available for the Sector 7 Beach Restoration Project in the Beach Restoration Fund/Sector 7 Beach Renourishment/ Hurricane Matthew, Account No. 12814472-066512-17001. State and Federal Cost -Share: The County has received additional supplemental funding from Florida Department of Environmental Protection (FDEP) due to losses incurred by Hurricane Irma within the Sector 7 project area. FDEP Grant 19IR2 totals $307, 538.00. The County currently has two Project Worksheets (PW) issued by FEMA for Sector 7 Beach and Dune Re -nourishment. Both the Hurricane Matthew PW #616 and the Hurricane Irma PW #3018 are under FEMA/Environmental Planning & Historic Preservation (EHP) review. Once awarded, this FEMA funding, in the amount of approximately $2.9 Million, will aid the County in repairing associated storm losses within the project area. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 2018007-3 to the contract with Coastal Technology Corporation and authorize the Chairman to sign on behalf of the County. ATTACHMENT Coastal Technology Corporation Work Order No. 2018007-3 APPROVED AGENDA ITEM FOR: AUGUST 13, 2019 326 WORK ORDER NUMBER 2018007-3 SECTOR 7 (PORPOISE POINT) BEACH AND DUNE RESTORATION PROJECT 2019 Reconnaissance Hardbottom Survey This Work Order Number 2018007-3 is entered into as of this day of , 2019 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 7 (Porpoise Point) Beach and Dune Renourishment Project entered into as January 9, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Coastal Technology Corporation ("CONSULTANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Coastal Technology Corporation OF INDIAN RIVER COUNTY By: By: Charles T Fontaine III, P.E. Bob Solari, Chairman Title: Vice President Attest: Jeffrey R. Smith, Clerk of Court and Date: Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 327 Indian River County Work Order Number 2018007-3 Sector 7 Beach and Dune Restoration Project Exhibit 1 - Scope of Work Exhibit 1 Scope of Work 2019 Reconnaissance Hardbottom Survey Introduction: The "Indian River County Beach Preservation Plan Update" (Plan, dated February 2015) recommends re -nourishment of beaches within Sector 7, which extends from Florida Department of Environmental Protection (FDEP) reference monuments R-97 to R-108 (Project). The Projectextends approximately 2.2 miles; a majority of the Projectarea is designated by FDEP as critically eroded. Sector 7 was damaged by Hurricane Matthew in 2016 and Hurricane Irma in 2017; beach re -nourishment is warranted. Construction and re -nourishment of the Project area is anticipated between November 2020 and May 2021 - outside the sea turtle nesting season. The COUNTY previously authorized Work Order Number 2018007-1 for design and permitting of the Project. In concert with permit applications, FDEP has (a) identified the existence of recently exposed nearshore hardbottom, and (b) required a reconnaissance survey to map and characterize existing nearshore hardbottom that is susceptible to adverse impacts from the proposed Sector 7 re -nourishment. The objective of the survey is to document the current types, and spatial distribution of hardbottom resources just offshore of the beach nourishment Project area, and in the vicinity of the potential pipeline corridor. The survey is expected to (a) be conducted between August and September 2019, and (b) frame future monitoring activities. The survey work will be performed by CSA Ocean Sciences Inc. (CSA) and Morgan & Eklund, Inc. (M&E) under sub -contract with Coastal Technology Corporation (Coastal Tech), who will oversee and incorporate results into the preliminary design permit sketches for modification of permit applications. The following describes the specific scope of work under this Work Order. Task 1.1 Side -scan Survey: A side -scan survey will be performed by Morgan & Eklund, Inc. to verify the locations of hardbottom within the Project area seaward of the 2007 permitted Equilibrated Toe of Fill (ETOF). The side -scan survey will be performed between FDEP R - monuments R-97 and R-111 and offshore a distance of approximately 350 m. The survey will also be conducted within 25m of the potential pipeline corridor. Hardbottom mapping data collected during the side -scan survey will be recorded and provided digitally. Coastal Tech will compare the side -scan survey to the 2019 beach profile data provided by the County and the preliminary habitat map and incorporate this information into the permit sketches. Task 1.2 Preliminary Habitat Map: Via desktop, CSA will characterize the Projectarea utilizing information available on the condition and distribution of hardbottom resources. This information may include historical and current sonar surveys and diver delineated hardbottom edges, previous biological monitoring data and other applicable information for the Project Area. The work will include the existing hardbottom distribution (nearshore, intermediate, offshore) within the Project area and under the influence of the Project (300 m updrift, 900 m downdrift, and 30 m seaward of the current beach and seaward of the 2007 permitted ETOF) will be determined. In addition, the survey area for the proposed pipeline corridor shall encompass all areas within the corridor as well as areas 25 m on either side of the corridor. Page 1 of 2 July 31, 2019 Indian River County Work Order Number 2018007-3 Sector 7 Beach and Dune Restoration Project Exhibit 1 - Scope of Work 1.3 Reconnaissance Diver Survey: CSA will monitor and note field conditions in the Project area daily following a notice to proceed until fieldwork is completed. Field conditions of note will include wind direction and speed, wave height, wave period, and water clarity (underwater visibility), as applicable, along with any significant weather conditions. Wave heights greater than 0.6 m typically result in increased turbidity and reduced underwater visibility,which prevents surveys from being conducted. During appropriate field conditions, CSA will perform the following: (a) Hardbottom Edge: CSA divers will use the diver positioning system to delineate portions of the nearshore hardbottom edge within the Project area and seaward of the 2007 permitted ETOF, and also within areas 300 m updrift and 900 m downdrift of the Project area, from FDEP Monuments R-97 to R-111. As the hardbottom edge is mapped, its relief characteristics will be recorded as: low (>0.3 m), medium (0.3 m to 1 m), or high (>1 m) relief. Results from this mapping will be compared to the most recent geo-rectified aerial imagery and side -scan sonar survey and will be used to verify the distance from both the shore and the 2007 permitted ETOF seaward to the hardbottom edge. (b) Pipeline corridor: CSA divers will use the diver positioning system and bounce dives to verify the distribution of potential hardbottom within the proposed pipeline corridor. Any hardbottom observed within the pipeline corridor will be delineated. (c) CSA divers will gather observations and measurements about the hardbottom relief, substratum type, sediment cover, and biological community composition and distribution within the Project area. CSA will use temporary transects to survey the Project area. Temporary transects will be approximately 30m in length. An estimated 30 cross -shore temporary transects, beginning at the landward edge of hardbottom located seaward of the 2007 permitted ETOF and extending directly offshore between FDEP Monuments R- 97 and R-111, will be surveyed during the 2019 survey. Divers will collect qualitative video to document the seafloor and associated biota along each transect. A survey of the proposed pipeline corridor will also be conducted to verify the absence of hardbottom in this area. If any hardbottom is observed, it will be qualitatively assessed in the same manner as previously described. 1.4 Data Analysis and Reporting: Findings from the Task 1.2 desktop analysis and the Task 1.3 in situ survey will be summarized provided by CSA in a habitat characterization report and as a habitat characterization map. The habitat characterization map will be (a) based on the preliminary desktop work and the reconnaissance and side scan surveys, and (b) will be supplied as a collection of shapefiles. The habitat characterization report will be based on the data gathered during the surveys and the data presented in the habitat characterization map. The report will include methods, results, and discussions regarding hardbottom habitat, community types, and locations within the project area. The habitat characterization report will include figures documenting the survey transect positions with the location of hardbottom and substrate types along each survey line, qualitative survey video, digital images, and drawing files showing transect locations and substrate type in ArcView format. The habitat characterization map will be provided as a collection of shapefiles. Page 2 of 2 July 31, 2019 V .O aE co M i 0 isa co V im�//.� am/� o tl/ _oh-) w E i _ =u Z 6 o H = o V V CCc Wal wA ^Tml O N a) (i) Estimated Fees and Schedule 1-1 lD N rn rn M -EA- N rb O rn r-1 0 Y H a ro 5 r0 2 (0 E a tn ro 0 0 Notice to Proceed 03 N O O rn 0 z 0 rn O r0 0 M INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM CONSENT TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: Kendra Cope, M.S. Coastal Resources Coordinator SUBJECT: Work Order No. 2018006-6, APTIM Sector 3 Beach and Dune Re -nourishment — Reconnaissance Survey DATE: August 2, 2019 BACKGROUND On January 9, 2018, the Board approved a contract with Aptim Environmental & Infrastructure, Inc. (Aptim) for professional coastal engineering and biological support services related to the management and renourishment of the Sector 3 (Wabasso Beach) beach project area. The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision south to the Turtle Trail beach park. The Sector 3 project area sustained damage from Hurricane Matthew (2016) and Irma (2017) creating the need for repair. On February 12, 2019 and March 4, 2019 respectively, Aptim submitted permit applications to the USACOE and FDEP. On April 4, 2019 Indian River County received a Request for Additional Information (RAI) from FDEP related to the Sector 3 Project application. The RAI required additional hardbottom delineation through a reconnaissance survey with diver verified transects for the purpose of providing current conditions and the landward limit of the nearshore hardbottom prior issuing a permit. To minimize costs to the County, Staff and Aptim have submitted multiple draft scopes to FDEP for review, requesting feedback on how to provide the minimum amount of information that will adequately identify the current conditions of the nearshore hardbottom resources. Information gathered from this survey will allow Aptim to maximize fill placement while avoiding adverse impacts to the nearshore hardbottom habitat. DESCRIPTION AND CONDITIONS The proposed Work Order No. 2018006-6 provides professional services, required for permitting, to complete a reconnaissance survey and habitat characterization report for the Sector 3 Renourishment project. Data collected and analyzed through these services will provide a current status update of the nearshore hardbottom within the project area and will allow Aptim to maximize fill placement in their revised beach fill template while avoiding adverse impacts to the nearshore hardbottom habitat. Work Order No, 2018006-6 is for a lump sum amount of $96,629.15. Services provided include: • Side -Scan Sonar • Diver Verified Hardbottom Survey • Analysis and Reporting Page 2 331 BCC Agenda Item Sector 3 Reconnaissance Survey BCC Agenda Item for August 13, 2019 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. Funding for the required reconnaissance survey in the amount of $96,629.15 is budgeted and available for the Sector 3 Beach Restoration Project in the Beach Restoration Fund, Hurricane Matthew Account - Sector 3, No. 12814472-066514-17001. State and Federal Cost -Share: The County entered into grant Agreement No. 17IR2 with Florida Department of Environmental Protection on February 26, 2018, amended by the State on June 22, 2018, which committed up to $893,102.60 at a 50% cost share ratio for the Sector 3 project area damaged by Hurricane Matthew (2016) and Irma (2017). The County currently has two Project Worksheets (PW) issued by FEMA for Sector 3 Beach and Dune Re -nourishment. Both the Hurricane Matthew PW #605 and the Hurricane Irma PW #3025 are under FEMA/Environmental Planning & Historic Preservation (EHP) review. Once awarded, this FEMA funding, in the amount of approximately $6.8 Million, will aid the County in repairing associated storm losses within the project area. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 2018006-6 to the contract with Coastal Technology Corporation and authorize the Chairman to sign on behalf of the County. ATTACHMENT APTIM Work Order No. 2018006-6 APPROVED AGENDA ITEM FOR: AUGUST 13, 2019 332 WORK ORDER NUMBER 2018006-6 SECTOR 3 (WABASSO BEACH) BEACH AND DUNE RESTORATION PROJECT 2019 RECONNAISANCE SURVEY This Work Order Number 2018006-6 is entered into as of this day of 2019 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project entered into as January 9, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, Inc. OF INDIAN RIVER COUNTY By: By: Thomas P. Pierro, P.E., D.CE Title: Director of Operations Date: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: Bv: (Seal) Deputy Clerk Jason E. Brown, County Administrator Approved as to form and legal sufficiency: William K. DeBraal, Deputy County Attorney 333 A APTIM August 1, 2019 Ms. Kendra Cope Coastal Resources Coordinator Indian River County Public Works 1801 27th Street Vero Beach, FL 32960 Subject: Exhibit 1 Indian River County, FL Sector 3 — 2018006 — Work Order #6 Reconnaissance Investigation of Hardbottom Resources Dear Kendra: Aptim Environmental & Infrastructure, LLC 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 3 Beach and Dune Renourishment Project. The scope of work described herein is to support the County with permitting the Sector 3 project. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee was developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project (RFQ#2018006). The Florida Department of Environmental Protection (FDEP) has requested a reconnaissance level investigation of the hardbottom resources in proximity to the Sector 3 project area. This includes potential resources along the nearshore hardbottom edge, within 400 meters of the perimeter of the proposed borrow area, and within and 25 meters adjacent to the proposed pipeline corridor(s). The following Scope of Work is proposed to gather this information and satisfy the Department's request. Task 1: Sidescan Sonar Survey Task 1: Scope of Work An EdgeTech 4125 sidescan sonar system will be used to collect sidescan sonar data over the entire area of investigation. The 4125 sidescan sonar system uses full -spectrum chirp technology to deliver wide -band, high- energy pulses coupled with high resolution and superb signal to noise ratio echo data. The portable sidescan package includes a laptop computer running the Discover® acquisition software and a 600/1600 kHz dual frequency towfish running in high definition mode. The digital sidescan data will be merged with positioning data (Differential Global Positioning System (DGPS) via Hypack), video displayed, and recorded to the acquisition computer's hard disk for post processing and/or replay. The position of the sensor relative to the DGPS antenna will be documented to ensure proper positioning of the data. All sidescan sonar data will be processed using the SonarWiz software package developed by Chesapeake Technologies Inc. This software package allows for advanced processing, interpretation, and digital mosaic output 334 oAPTIM August 1, 2019 Page 2 of 5 and can produce georeferenced HTML's viewable in generic web -browser software programs. SonarWiz also produces digital geographic information for sidescan data that are exportable for incorporation into a GIS database. Nearshore Hardbottom: The nearshore hardbottom edge will be mapped using sidescan sonar between R-19 and R-58. This includes 300 m updrift and 900 m downdrift of the proposed project area (R-20 to R-55). The sidescan sonar survey will also include the area within 250 m offshore of the beach. Pipeline Corridors: The sidescan sonar survey will encompass the area within the pipeline corridor plus the area within 25 m to the left and right of each corridor. Borrow Area: The sidescan sonar survey will encompass the area within 400 m of the proposed borrow area. Task 1 Deliverable A letter report describing equipment and operations, together with sidescan sonar mosaic maps with digitized interpretations, will be produced for this task. In addition, georeferenced GeoTIFF mosaic files, as well as GIS shapefiles will be exported and included as digital appendices to the letter report. Task 1 Schedule The sidescan sonar survey will commence within four (4) weeks of receipt of a Notice to Proceed from the County. It will take approximately one week to mobilize and collect the sidescan sonar data, followed by another two weeks of data processing, interpretation, and deliverable development. Task 1 Cost The lump sum cost for this task is $42,216.50. Task 2: In situ Diver Verification and Assessment of Hardbottom Resources Task 2: Scope of Work. The results from the sidescan sonar survey described in Task 2 will guide the insitu diver investigation of hardbottom resources identified in the nearshore, within the pipeline corridors and adjacent to the borrow area. Nearshore Hardbottom: Divers will verify the location and distribution of nearshore hardbottom resources identified from the sidescan sonar survey described in Task 1. If small areas of edge mapping are needed due to data gaps in the sidescan sonar data, divers will use a buoy with a Differential Global Positioning System (DGPS) antenna linked to a topside laptop running HYPACK navigational software to delineate the hardbottom edge. The buoy will be towed by divers along the reef edge to record the position of the divers during the su rvey. FDEP acknowledged in their request for additional information (RAI) #1 (0285993 -009 -JC - dated April 4, 2019) that a sizeable amount of information has been collected on hardbottom resources adjacent to the proposed fill template for the previous Sector 3 Beach Restoration project, and agrees that these data were collected recently enough that they provide information on the status of the natural hardbottom community in this area. Therefore, additional characterization of the nearshore hardbottom area is not proposed. 335 A APTIM August 1, 2019 Page 3 of 5 Pipeline Corridors: Once the sidescan sonar survey is complete and the data has been interpreted to identify hardbottom resources, the habitat within each proposed corridor will be verified in situ by divers. During each investigation, divers shall determine the presence or absence of hardbottom resources and, if present, note the general condition of the benthic community, identify dominant benthic organisms and substratum types, and estimate the vertical relief of the hardbottom. Video and/or photographs shall be taken to document the findings. Locations verified as areas with hardbottom resources shall be mapped in situ to document the current distribution of hardbottom resources within the pipeline corridors. Borrow Area: Once the sidescan sonar survey is complete and the data has been interpreted to identify hardbottom resources, the habitat will be verified in situ by divers. During each investigation, divers shall. determine the presence or absence of hardbottom resources and, if present, note the general condition of the benthic community, identify dominant benthic organisms and substratum types, and estimate the vertical relief of the hardbottom. Video and/or photographs shall be taken to document the findings. Locations verified as areas with hardbottom resources shall be mapped in situ to document the current distribution of hardbottom resources within the pipeline corridors. Task 2 Deliverable FDEP requested a habitat characterization report to facilitate the Department's analysis of potential impacts to hardbottom resources. The report shall summarize the findings of the hardbottom reconnaissance survey described herein, which shall identify the location and distribution of hardbottom resources and describe the benthic resources observed on the hardbottom. The report shall describe the methods used during the reconnaissance surveys and data analysis, and will provide results of the survey in graphical, tabular and text formats. Raw data, video files and shapefiles from the reconnaissance survey will also be included in the report deliverable. Benthic biological data from previous monitoring efforts on the nearshore hardbottom adjacent to the project area will also be presented in the habitat characterization report. Task 2 Schedule The in situ diver verification of hardbottom resources will take place after the sidescan sonar survey has been completed and the data has been processed. Raw data from field operations will be submitted to the County and FDEP within 45 days and the monitoring report will be submitted within 90 days of completion of the survey. Task 2 Cost The lump sum cost for this task is $54,412.65. Summary The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Work Order #6 is $96,629.15. Please refer to Exhibit 1,attached to the end of this proposal, for a summary of the costs and labor hours of each. Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County (unless stated otherwise in the schedule). Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. 336 AAPTIfyi Sincerely, Stacy Bu Lead Marine Biologist Aptim Environmental & Infrastructure, LLC cc: Jordon Cheifet, PE, CFM, APTIM August 1, 2019 Page4of5 Authorized Corporate Signature Thomas P. Pierro, P.E., D.CE Printed Name Director of Operations Title 337 A APTIM Aptim Environmental & Infrastructure, LLC 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com EXHIBIT 2 Indian River County, Florida Sector 3 - 2018006 - Work Order #6 Reconnaissance Investigation of Hardbottom Resources Summary of Cost by Task Task Number Task Name Labor Equipment Materials Travel Total Task 1 Sidescan Sonar Survey $31,042.00 $ 9,542.50 $ - $1,632.00 $42,216.50 Task 2 In situ Diver Verification of Hardbottom Resources $39,672.00 $10,126.65 $1,350.00 $3,264.00 $54,412.65 Totals = $70,714.00 $19,669.15 $1,350.00 $4,896.00 $96,629.15 Indian River County, Florida Sector 3 - 2018006 - Work Order #6 Reconnaissance Investigation of Hardbottom Resources Summary of Labor Hours and Cost Labor Title Labor Bill Rate Sidescan Sonar Survey In situ Diver Verification of Hardbottom Resources Totals Task 1 Task 2 Labor Hours Cost Labor Hours Cost Labor Hours Cost Principal Engineer/Sr Proj Mngr $ 250.00 2 $ 500.00 $ - 2 $ 500.00 Project Manager $ 165.00 12 $ 1,980.00 $ - 12 $ 1,980.00 Survey Technician $ 80.00 $ - 60 $ 4,800.00 60 $ 4,800.00 Senior Marine Biologist $ 135.00 $ - 52 $ 7,020.00 52 $ 7,020.00 Marine Biologist II $ 95.00 $ - P 216 $ 20,520.00 216 $ 20,520.00 Professional Geologist $ 150.00 24 $ 3,600.00 $ - 24 $ 3,600.00 Geologist III $ 130.00 24 $ 3,120.00 $ - 24 $ 3,120.00 Geologist II $ 95.00 118 $ 11,210.00 $ - 118 $11,210.00 GIS Operator $ 105.00 10 $ 1,050.00 ' 6 $ 630.00 16 $ 1,680.00 Boat Captain $ 80.00 104 $ 8,320.00 P 80 $ 6,400.00 184 $ 14,720.00 Technician $ 60.00 16 $ 960.00 $ - 16 $ 960.00 Bookkeeper $ 80.00 2 $ 160.00 2 $ 160.00 4 $ 320.00 Clerical $ 71.00 2 $ 142.00 2 $ 142.00 4 $ 284.00 Subcontractors - $ - $ - - $ - Equipment - $ 9,542.50 $ 10,126.65 - $ 19,669.15 Materials $ - $ 1,350.00 $ 1,350.00 Travel - $ 1,632.00 $ 3,264.00 - $ 4,896.00 TOTAL - 314 $ 42,216.50 418 $ 54,412.65 732 $ 96,629.15 338 Indian River County, Florida Department of Utility Services Board Memorandum Date: June 28, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: Work Order No. 19 with Kimley-Horn and Associates — Roseland Elevated Tank Conversion Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) maintains and operates three (3) elevated tanks, specifically known as Kings Highway, Gifford, and Roseland tanks. The existing elevated remote storage tanks provide system storage and are intended to provide water supply during high demands. Normal operation is to fill during low demands and drain during high demands, allowing turnover of the water within the tank to prevent stale water. The existing Roseland tank configuration does not function as a normal elevated storage tank that provides capacity during peak system demands. Therefore, Kimley-Horn and Associates (KHA) recommended converting the tank to a remote "elevated" ground storage tank and booster pump station. The design is complete and KHA has prepared contract documents in order to solicit bids. Analysis: Staff requested that KHA submit a proposal to include construction engineering inspection services. Exhibit A specifically describes, in detail, the work to be completed as part of Work Order No. 19. On April 17, 2018, the Indian River County Board of County Commissioners (BCC) approved the Continuing Contract Agreement for Continuing Engineering Services with KHA. The total negotiated cost in Work Order No. 19 for the Roseland Elevated Tank Conversion is a lump sum amount of $37,956. Funding: Funding for Work Order No. 19 is derived from the operating fund. Operating revenues are generated from water and sewer sales. Description Account No. Amount Roseland Elevated Tank Conversion 471-169000-17517 $37,956.00 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order No. 19 with Kimley-Horn and Associates, for the lump sum amount of $37,956.00, and authorize the Chairman to execute the same, as presented. Attachment: 1. Work Order No. 19 (4 Pages) 339 CCNA2018 WORK ORDER 19 Roseland Elevated Tank Conversion to Repump Station This Work Order Number 19 is entered into as of this day of , 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley Horn and Associates ("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 340 EXHIBIT #A Work Order Number 19 Roseland Elevated Tank Conversion to Repump Station PROJECT UNDERSTANDING Construction phase and coordination services is required for the pump station since the duration of construction is believed to be longer than originally anticipated due to the change in project scope and separation of the watermain and pump station into two (2) separate projects. The pre- fabricated building delivery is expected to be longer than constructing the electrical gear inside the tank structure, the arrangement of pumps is also more sophisticated, is expected to take longer to construct and will take additional time for startup and commissioning. Construction of the watermain separately will also encumber additional administrative time. It is assumed that each of these will be constructed concurrently, but under separate projects. The following scope of services consists of additional engineering services and evaluation. SCOPE OF SERVICES TASK 1 - ADDITIONAL CONSTRUCTION PHASE SERVICES It is assumed that an additional 3 - 4 months of construction phase services will be needed in addition to the already presumed to be 7 months of construction, and include administering the watermain construction as a separate biddable project. Consultant will respond to contractor questions for the WM project, and provide written responses for IRC to process for the work prepared by KHA. For the separate watermain project, Consultant will answer contractor questions and prepare addenda, which will be distributed to all the contract document holders. Consultant will attend a pre -proposal meeting at the project site or IRCU's office. It is assumed that Indian River County Utilities will distribute project manuals, including drawings, specifications, and will distribute all addenda. Consultant shall answer a reasonable number of requests for additional information and clarifications for the construction and installation of the water main. Consultant will respond in written format in a timely manner. Consultant shall review shop drawings and submittals for conformance with the design documents. It is assumed that an additional (6) submittals will be reviewed. Consultant will 341 provide written comments and respond to Owner's contractor within a reasonable time. Consultant will endeavor to complete the reviews within a 1 to 2 -week timeframe. Consultant will provide on-site observation of construction. It is assumed that an additional (15) half days of observation will be provided by a project engineer or resident inspector. Consultant will attend a preconstruction meeting. Consultant will develop a punch -list of incomplete items based on our on-site observations. Consultant will issue a written punch -list to Owner and contractor. Consultant will provide one (1) site visit to review follow up work on punchlist items. Consultant will provide an additional certification of construction completion for the watermain project not included in the original scope. Consultant will submit form FDEP Form 62- 555.900(9) and appropriate attachments for partial clearance of permit, which includes both the booster pump station and watermain. Record drawing information will be provided by the contractors and included with the certification package. Four (4) hard copies and one electronic copy in pdf and Word format will be furnished to IRCU. TIME SCHEDULE Consultant will complete these tasks in a timely and mutually agreed upon schedule. It is anticipated that the following task schedule will be provided: TASK 1— CONSTRUCTION PHASE 3 — 4 MONTHS FEE SCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated April 17th, 2018 with Indian River County. The Consultant will provide professional services for Task 1 on a lump sum fee basis as follows: Task No. Task Task Fee Task 1 CONSTRUCTION PHASE $ 37,956 Total Lump Sum Fee $ 37,956 342 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Additional coordination and responses to FDEP or other agencies (ACOE, IRFWCD) • Tank condition inspection and assessment 343 Indian River County, Florida Department of Utility Services Board Memorandum Date: July 31, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: Request to Waive the Bid Process for the Replacement of Blowers for the Sludge Holding Tank at West Regional Wastewater Treatment Facility Descriptions and Conditions: On May 15, 2018, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 1 to Schulke, Bittle and Stoddard, LLC, (SBS) to provide professional engineering services for design, bidding assistance and construction management services for the failing blowers and the blower building at the West Regional Wastewater Treatment Facility (WRWWTF). The existing blowers are 32 years old, inefficient and significantly oversized for both current and future needs, and the metal building containing the blowers has deteriorated. Furthermore, the roof has failed, allowing water intrusion into the building and impacting the mechanical and electrical equipment. Analysis: SBS has evaluated in detail the structural integrity of the building as well as the efficiency of the existing blowers and found that, in order to achieve the maximum cost -benefit, two (2) standalone blower motors with enclosures is the best solution. In order to keep the sludge holding tanks at the WRWWTF running efficiently, the corrective actions on the blowers are critical. In order to standardize motors and enclosures, SBS recommends the similar blower assembly that currently exists at the Residual Dewatering Facility (RDF). The manufacturer of the blower assembly is Excelsior Blower Systems, Inc., from Blandon, Pennsylvania. The blower assembly has a lead time of approximately 8 to 10 weeks. Therefore, in the essence of time, the best solution is to have the two (2) blower assemblies directly purchased from Excelsior Blower Systems. SBS has created design plans, specifications and bid line items for the installation of the new blowers, electrical work, and demolition of the existing dilapidated building. The Engineers estimate for the installation and demolition work is approximately $30,000.00. A licensed contractor to perform this work will be procured per the purchasing guidelines. This work will be procured per the purchasing guidelines. The quote provided by Excelsior, which includes control panel, freight and startup charges, is $38,722.50 per blower system, for a total of $77,445. 344 Funding: Funds for this project are derived from the capital budget in the operating fund. Operating funds are generated from water and sewer revenues. Description Account Number Amount WRWWTF Blower Room Replacement 471-169000-18521 $77,445 Recommendation: Staff recommends the Board of County Commissioners waive the bid process and authorize the Purchasing Division to issue a purchase order to Excelsior Blower Systems, Inc., in the amount of $77,445 for the purchase of the two blower systems. Attachment(s): 1. Quote from Excelsior Blower Systems, Inc. 345 Excelsior Blower Systems 331 June Avenue - Blandon, PA 19510 Phone: 800-921-0002 Fax: 610-921-9727 Schulke, Bittle, & Stoddard, LLC 1717 Indian River Road, Suite 201 Vero Beach, FL 32960 Attn: Jonas Greer June 21, 2019 Re: Indian River WWTP Quote# 36679-R3 2 Gardner Denver 514 "Heliflow" Series Positive Displacement Blower 950 SCFM / 1024 ICFM 5.5 PSIG 23' Elevation 100°F 2768 RPM 30.6 BHP 2 Elevated Steel Base 2 V -Belt Drive 2 Enclosed OSHA Style Drive Guard per Specifications 2 PL -3" Weight Type Relief Valve Set @ 11.4 PSIG 2 EBS -8" Air Filter / Silencer with Paper Element 2 EBS -8" Inlet Silencer with Saddles 2 EBS -8" Discharge Silencers with Saddles 2 40 HP — 1800 RPM - TEFC - 324T — 460/3/60 - 1.15 S.F. - Electric Motor Premium Efficient — Certified for VFD Service — No Motor Specs Supplied 2 Automatic V -Belt Tensioning Base 2 Layout & Mount Blower, Motor & Drive 4 XL -Fab Flexible Connectors 2 Protective Crating 2 Wika 2.5" Pressure Gauge 2 Dwyer Model 2020 Inlet Vacuum Gauge 2 Flexi-Hinge 518-8" Check Valve 2 Deltech Model 50-8" Butterfly Valve 2 Fully Assemble & Finish Paint All Components 2 Spare V -Belt Set 2 Spare Filter Element 1 AEON Synthetic Blower Oil for Initial Startup 1 Shop Testing per Specifications 1 Submittals, Drawings, 0/M Manuals as Specified Control Panel The following is not included; 20 Amp gate breaker, Load Calculations and main breaker, Breaker 1 & 8 LV panel light on. The following is included; NEMA 4X 304 stainless steel enclosure VFD breaker or Breakers with thru the door handle Soft -starter (soft -starters) Transformer Power relay (Duplex) 346 Primary and secondary control breakers Fan breaker (breakers) H -O -A switch (switches) Test push button Run and Off indicating lights Alarm indicating lights (high and low pressure) Failure indicating light (lights) Control relays Elapse time meters Surge arrestor Alternator (Duplex) 24 hour timer Time delays Ground Bar Terminals Receptacle Digital controller (4-20 for pressures) UL label Shipping Price for Two (2) Blower Packages is $ 44,810.00 Adder for Aluminum Sound Enclosure $ 12,790.00 Price for One (1) Duplex Control Panel is $ 15,995.00 Estimated Freight Charges $ 2,350.00 Startup Charges $ 1,500.00 Submittals — 2 Weeks / Delivery — 8-10 Weeks after Release Package Weight is 2875 lbs. each and the Sound Enclosure Weight is 950 lbs. each. If you have any questions, please contact Gene Franckowiak at 800-921-0002. Gardner Denver Blowers come off an assembly line in Sedalia, Missouri - Not a BOAT Gardner Denver - Keeping Americans Working 347 8LL MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 2, 2019 SUBJECT: Fourth Amendment to Collateral Development Agreement Related to Jackie Robinson Training Complex BACKGROUND. On August 29, 2001, Los Angeles Dodgers, Inc. and Vero Acquisition, LLLP executed a Collateral Development Agreement (the "Agreement'), which included a Master Site Plan for the development of what is now referred to as the Jackie Robinson Training Complex and adjacent properties. In 2004, DT Commons, LLC obtained the triangle shaped property located south of Aviation Boulevard, adjacent to the Jackie Robinson Training Complex (the "Property"), which is subject to the Agreement. The Agreement has been amended three times and now DT Commons is requesting that the Indian River County Board of County Commissioners approve a Fourth Amendment to Collateral Development Agreement (the "Amendment"), which will release the Property from the Agreement and allow for the development of the Property for retail, restaurant, and entertainment facilities, hotel, multi -family, residential, personal services and professional offices. The Amendment will also allow for other uses otherwise permitted by the City of Vero Beach zoning code provided such uses are compatible with the Jackie Robinson Training Complex. It should be noted that except for the Property, and the property along Aviation Boulevard and Flight Safety Drive owned by Star Suites by Riverside Theatre, LLC, the entire area depicted in the Master Site Plan is owned by Indian River County. Under the Amendment, one or both of the two "Historic Dodgertown" signs will be relocated as part of the site plan process for the Property. The expenses for the relocation and maintenance of the sign will be handled in accordance with the Amended and Restated Facility Lease Agreement with Verotown, LLC. Additionally, DT Commons will deed Tommy Lasorda Lane to Indian River County. Thus, Indian River County will now have ownership of both Flight Safety Drive and Tommy Lasorda Lane. Indian River County will allow a driveway access from the Property to Tommy Lasorda Lane and Flight Safety Drive, the locations of which will be determined by the County through the County right-of-way permit process. FUNDING. The costs of recording the amendment and the deed will be borne by Collins Brown Barkett, Chartered. 348 Board of County Commissioners August 2, 2019 Page 2 RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the Fourth Amendment to Collateral Development Agreement and authorize the chair to sign the Fourth Amendment after review and approval by the County Attorney. ATTACHMENT Fourth Amendment to Collateral Development Agreement without attachments 349 This instrument prepared by Bruce Barkett, Esq. Collins Brown Barkett, Chartered 756 Beachland Blvd. Vero Beach, FL 32963 FOURTH AMENDMENT TO COLLATERAL DEVELOPMENT AGREEMENT THIS FOURTH AMENDMENT TO COLLATERAL DEVELOPMENT AGREEMENT (the "Fourth Amendment") is made as of the day of August, 2019, by INDIAN RIVER COUNTY, ("County") a political subdivision of the State of Florida and DT COMMONS, LLC, a Florida limited liability company ("DT Commons") as of the aforementioned date. WITNESSETH: WHEREAS, Los Angeles Dodgers, Inc. and Vero Acquisition, LLLP executed that certain Collateral Development Agreement, dated August 29, 2001, and recorded in Official Record Book 1426, Page 596, Public Records of Indian River County, Florida, which Collateral Development Agreement was consented to by the County; and WHEREAS, pursuant to the Asset Purchase Agreement entered into as of October 9, 2003, by and between Los Angeles Dodgers, Inc. and Los Angeles Dodgers LLC (the "Dodgers") the Dodgers succeeded to the interest of Los Angeles Dodgers, Inc. under the Collateral Development Agreement; and WHEREAS, the Collateral Development Agreement was amended by that certain First Amendment to Collateral Development Agreement, dated June 24, 2004, and recorded in Official Record Book 1758, Page 516, Public Records of Indian River County, Florida, between the Dodgers and Dodgertown Venture, LLLP, a Delaware limited liability limited partnership ("DVLLLP") (which had succeeded to the interest of Vero Acquisition, LLLP under the Collateral Development Agreement), which First Amendment to Collateral Development Agreement was consented to by the County; and WHEREAS, pursuant to that certain Special Warranty Deed dated August 10, 2004, and recorded in Official Record Book 1771, Page 21, of the Public Records of Indian River County, Florida, between DVLLLP and DT Commons, DVLLLP conveyed to DT Commons an approximately 9.3 acre portion of the Adjacent Land, (as defined in the Collateral Development Agreement) a part of which was conveyed by DT Commons to the Dodgers pursuant to that certain Quitclaim Deed dated as of January 26, 2005, and recorded in Official Record Book 1828, Page 1949, of the Public Records of Indian River County, Florida, resulting in a parcel more particularly described in Exhibit "A", attached hereto and made a part hereof ("Parcel 3"); and 350 WHEREAS, by virtue of taking title to Parcel 3, DT Commons has succeeded to the interest of DVLLLP under the Collateral Development Agreement with respect to Parcel 3; and WHEREAS, the Collateral Development Agreement was further amended by that Second Amendment to Collateral Development Agreement dated November 17, 2005, and recorded in Official Record Book 1961, Page 985, Public Records of Indian River County and that Third Amendment to Collateral Development Agreement Terminating Certain Use Restrictions Set Forth in the Collateral Development Agreement and Terminating the Second Amendment to Collateral Development Agreement With Respect to City Property, dated July 21, 2015,.and recorded in Official Record Book 2878, Page 477, Public Records of Indian River County (the Collateral Development Agreement and the First, Second and Third Amendments to same are hereby collectively referred to as the "Collateral Development Agreement"); and WHEREAS, in February, 2008, the County succeeded to the interest of the Dodgers in the Collateral Development Agreement; and WHEREAS, DT Commons desires to amend the Collateral Development Agreement in order to develop Parcel 3 and the County has agreed to so amend the Collateral Development Agreement, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, DT Commons and the County agree as follows: 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein as if set forth in full. 2. Release from Collateral Development Agreement: DT Commons and the County hereby acknowledge and agree that Parcel 3 is hereby released from the Collateral Development Agreement for all purposes such that Parcel 3 is no longer subject to the provisions of the Collateral Development Agreement. 3. Imposition of Covenants and Restrictions: DT Commons and the County hereby acknowledge and agree that Parcel 3 shall be owned, held, transferred, sold, conveyed, developed, and occupied subject to the covenants and restrictions contained herein, which covenants and restrictions shall run with Parcel 3 and shall be binding upon DT Commons, its heirs, successors and assigns. 4. Permitted Uses: Permitted uses on Parcel 3 shall include retail, restaurant, and entertainment facilities, hotel, multi -family, residential, personal services and professional offices. Other uses permitted by the City of Vero Beach zoning code may be developed and constructed on Parcel 3 provided any such other use shall be compatible with the wholesome, family traditions of Historic Dodgertown. DT Commons and the County acknowledge and agree that retail, restaurant, entertainment facilities, hotel, multi -family residential, personal services, and professional office usages are compatible with the wholesome, family traditions of Historic Dodgertown. 351 5. Signs: DT Commons and the County acknowledge the existence of two "Historic Dodgertown" signs on Parcel 3. During the site plan process, DT Commons and/or their assigns of Parcel 3 shall coordinate with the County to relocate, one or both signs, to a mutually agreeable location. The expense for the relocation and maintenance of such signs in good and attractive repair, will be handled through the Amended and Restated Facility Lease Agreement, dated January 2, 2019, between the County and Verotown, LLC, or its successors and assigns. 6. Tommy Lasorda Lane : DT Commons and the County acknowledge the existence of a County maintained road (sometimes referred to as Tommy Lasorda Lane) along the southern property line of Parcel 3, as depicted on attached survey; See Exhibit "A", attached hereto and made a part hereof. DT Commons shall execute and deliver to County, simultaneously with the execution of this Fourth Amendment, a deed to the County for Tommy Lasorda Lane in the form and content as set forth in Exhibit "B" attached hereto and made a part hereof. County shall grant to DT Commons or its successors, a driveway permit for ingress and egress from Tommy Lasorda Lane. The location of the driveway on Tommy Lasorda Lane shall be subject to the review and approval by the County through the County right-of-way permit process. At the time of development of Parcel 3, DT Commons shall install the landscaping along Tommy Lasorda Lane as required by the City of Vero Beach. DT Commons shall maintain such landscaping, if any, along Tommy Lasorda Lane. 7. Flight Safety Drive: County shall grant to DT Commons or its successor a driveway permit for ingress and egress from Flight Safety Drive. The location of the driveway on Flight Safety Drive shall be subject to the review and approval by the County through the County right- of-way permit process. (Signature page to follow) 352 IN WITNESS WHEREOF, DT Commons and the County have executed this Fourth Amendment as of the date first above written. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller DT COMMONS, LLC a Florida limited liability company By: Name: Title: By: Deputy Clerk INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: (SEAL) Bob Solari, Chairman Approved by the Board: August 13, 2019 Approved as to form and legal sufficiency: Approved as conforming to County policy: By: By: Dylan Reingold Jason E. Brown County Attorney County Administrator 353 CONSENT AGENDA August 13, 2019 73111141 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 17, 2019 SUBJECT: Out of County Travel to attend the Florida Shore & Beach Preservation Association 62nd Annual Conference FROM: Dori Roy, Assistant to Administrator Out of County travel is requested for Commissioners and Staff to attend the Florida Shore & Beach Preservation Association 62nd Annual Conference September 18-20, 2019 in Hutchinson Island, Florida. 354 FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION 62"d Annual Conference 4.1 41, September 18-20, 2019 Hutchinson Shores Resort Hutchinson Island, Florida 60 rte y CONFERENCE HIGHLIGHTS Welcome to the 2019 Annual Policy Conference Brochure and Program FSBPA is pleased to announce our 2019 policy program featuring discussions on a wide array of interesting and relevant beach topics. At the top of our highlight reel, coastal management policies and future initiatives affecting Florida's beaches will be addressed by Keynote speaker Senator Debbie Mayfield and beach champion Representative Chip LaMarca. Federal and State agency leaders will share in-depth discussions on project funding and post -hurricane response and recovery activities. Invited speakers will present the latest information on legal cases, intensifying coastal storms, effective communication strategies, and coastal resiliency strategies. And, we are delighted to welcome several new and engaging speakers to our program. As tradition holds, attendees are invited to the Associations time - honored banquet on Thursday evening (September 19th) to congratulate our esteemed colleagues and peers who have been selected for their outstanding service in beach preservation and coastal management efforts. Overall, attendees can expect informative presentations from start to finish and should make plans to attend the full conference. The FSBPA team hopes you are planning to join us to make this a truly extraordinary event! Program Features: * A dynamic welcome from Martin County * Hurricane Michael and response and recovery efforts * Commanders' updates from the U.S. Army Corps of Engineers * Comprehensive update on the Bipartisan Budget Act of 2019 and the Hurricane Michael Supplemental Bill * Overview from NOAA on their red tide research efforts * Coastal resiliency and SLR adaption strategies * Legal discussions about Amendment 1 (Land Acquisition Trust Fund) and other coastal cases * The amazing atmosphere of Martin County, especially its beaches 356 CONFERENCE PROGRAM Wednesday, September 18, 2019 Call to Order Gary McAlpin, FSBPA Chair and Collier County Welcome and Opening Remarks from Martin County Doug Smith, Martin County Commissioner, District 1, Stuart Martin County Keynote: Opportunities for Diverse Partnerships Don Donaldson, P.E., Martin County Deputy County Administrator, Stuart • Kevin Bodge, Ph.D., RE, President, Olsen Associates, Inc., Jacksonville • Patricia Noonan, President, Sailfish Point Property Owners Association, Stuart • Ken Craig, Vice -President of Coastal Engineering, Taylor Engineering, Jacksonville Martin County's Tourism Trends and the Contribution of the Beaches Nerissa Okiye, Tourism & Marketing Manager, Martin County Office of Tourism & Marketing FDEP Hurricane Michael Recovery Plan for Florida's Beach and Dune System and Funding Needs Alex Reed, Director, Division of Water Resource Management, Florida Department of Environmental Protection, Tallahassee, FL Hurricane Michael, a Storm not to be Forgotten • Panama City Beaches Shore Protection Project Tara Brenner, P.G., P.E. Senior Coastal Engineer, APTIM, Boca Raton • Mexico Beach and St. Joseph Peninsula Recovery Projects Michael Dombrowski, P.E., President, MRD Associates, Inc., Destin FEMA Engineered Beaches - Tips for Post -Storm Reimbursement Process Tim Blankenship, P.E., Business Unit Leader, Moffatt & Nichol, Miami, FL and Bob Glassen, Beach Task Force Leader, Federal Emergency Management Agency (Invited) Supporting Resilient Shorelines through RSM Clay McCoy, Ph.D., Assistant Director, Regional Sediment Management, Regional Center of Expertise, Jacksonville District, U.S. Army Corps of Engineers A Comprehensive History of Erosion Control Measures in and Regional Sediment Budget for Palm Beach County, Florida Harvey Sasso, P.E,, President, Coastal Systems International, Miami The Florida Beach Nourishment Program: A Review of Magnitudes and Trends over the Past 75 years of Beach Nourishment Activity Lindino Benedet, Ph.D., Boca Raton Thursday, September 19, 2019 U.S. Army Corps of Engineers Commanders' Updates Major General Diana M. Holland, Commander, South Atlantic Division (Invited) and Colonel Andrew D. Kelly, Commander, Jacksonville District, U.S. Army Corps of Engineers A Comprehensive Update on the Bipartisan Budget Act of 2019 and HR 2157 Hurricane Michael Supplemental and What it Means for Florida Jacqueline Keiser, PG, PMP, Supplemental Program Manager, Jacksonville District, U.S. Army Corps of Engineers Red Tide - and the Research to Help Us Stay Afloat Richard R Stumpf, Oceanographer, NOAA National Centers for Coastal Ocean Science, Silver Spring, MD Invited Speaker The Splendor of the Tides Kevin Bodge, Ph.D., P.E., President, Olsen Associates, Inc., Jacksonville Adapting to Rising Sea Levels in Miami -Dade County Katherine Hagemann, CFM, Resilience Program Manager for Adaptation, Miami -Dade County Office of Resilience, Miami Intensifying Coastal Storms & Extreme Weather Events: What Does Tomorrow's Forecast Have in Store for Florida John Morales, CBM, CCM, AMS Fellow Chief Meteorologist, WTVJ NBC 6, Miami Sea Level Rise Adaptation: Where to Start? Angela Schedel, Ph.D., RE., Director or Community of Resiliency,Taylor Engineering, Jacksonville South Atlantic Coastal Study (SACS) Update Ashleigh H. Fountain, Project Manager, Jacksonville District, U.S. Army Corps of Engineers 357 Program with times available online. Changes will be made to online program as necessary. e©HIFEREHCIE Friday, September 20, 2019 When the Shi Hits the Fan Cheryl Stopnick, Senior Vice President of Public Relations, Sachs Media, Tallahassee Local Governmental Panel - Successes and Misses of the "Trade" Regarding the Communication Tools or Strategies used for Beach Projects Steve Boutelle, Operations Manager, Lee County Natural Resources, Fort Myers • Mike McGarry, Beaches Program Manager, Brevard County, Viera • Nicole Sharp, P.E., Natural Resources Administrator, Broward County, Fort Lauderdale Amendment 1 Litigation Update: The Beach Program's Statutory Funding Source Hala Sandridge, Shareholder, Buchanan Ingersoll & Rooney PC, Tampa Legislative Keynote Address: 2019 Coastal Management & Other Priority Environmental Bills with a Look toward the 2020 Session Senator Debbie Mayfield, District 17 (Indian River County and parts of Brevard County) Going Coastal? Join the Co -Chairs in Kicking off the Florida Coastal Caucus Representative Chip LaMarca, District 93 (part of Broward County) and Senator Debbie Mayfield, District 17 (Indian River County and parts of Brevard County) Q&A with Sen. Mayfield and Rep. LaMarca Coastal Law Update: Case & Final Orders Concerning Florida Beaches Deborah Getzoff, Partner, Shutts & Bowen LLC, Tampa Economic Impact of Nude Beaches to Florida, "More than Meets the Eye" Ramon Maury, Managing Partner, Maury Rawlins & Brown, Tallahassee Why the Feds Can't Get the Beach Sand from CBRS, but You Can; and How This Policy Impacts Florida Derek Brockbank, Executive Director, ASBPA, Washington, DC Community Conversations to Encourage Resilience Michelle Vieira, Coastal Engineer, Taylor Engineering, Jacksonville Accelerating Dune Habitat Succession: A Final Word from Hutchinson Island Rob Barron, President, Coastal Management and Consulting, Boynton Beach ©6 Hutchinson Island 4 -mile Project -2018 Hutchinson Island 4 -mile Project -2018 Bathtub Beach Dredge - 2018 Photos courtesy of Martin County Program with times available online. Changes will be made to online program as necessary. 358 REGISTRATION Early Registration Through August 17, 2019 Member Registration Non -Member Registration Spouse Full Time Students $375 $500 $125 $125 Regular Registration August 18 through September 13, 2019 Member Registration $425 Non -Member Registration $550 Spouse $125 Full Time Students $125 Onsite Registration After September 13, 2019 Member Registration Non -Member Registration Spouse Full Time Students $525 $650 $125 $125 REGISTER ONLINE www.fsbpa.com/annual-conference/registration.html The cancellation policy is listed on the website. HOTEL RESERVATIONS Hutchinson Shores Resort Room Rate - $165, plus tax For reservations online, visit www.fsbpa.com/annual-conference/hotel.html For reservations by phone, call 877.502.4653 TO RECEIVE THE GROUP RATE, MENTION FSBPA To ensure a room is available make your reservation EARLY! The hotel will honor the group rate as long as rooms remain in FSBPA's block or by August 17, 2019, whichever occurs first. WHO SHOULD ATTEND? Members of the Legislature and Legislative Staff State Environmental Resource Protection Agencies City and County Commissioners City and County Environmental Resource Managers and Beach Management Coordinators Tourist Development Councils and Convention & Visitors Bureaus Coastal Engineers and Coastal Industry Interests U.S. Army Corps of Engineers Inlet Districts and other Special Interest Districts Other General Government and Coastal/Ocean Associations Environmental Groups and Alliances Coastal Geologists and Biologists Community Associations and Citizen Beach Advisory Committees Coastal Residents and other Interested Citizens EXHIBITORS/SPONSORS The FSBPA Annual Conference offers an excellent opportunity for exhibitors to meet and demonstrate their services and products. For detailed information, please contact Teri Besse, Conference Manager, FSBPA, 850-906-9227 or teri@fsbpa.com. 359 utc inso fff 13 - - _ ....- --..........._ Air - '_...- ,..: . ,-..,.- _ . - - 7.4- ,.." ....11.. - ...••••,= =d•-,- ... ... - .... .. -: - - ..- •-• -.......... %.•=-7. -4....t... '...m.. te," . .,... __ ,, ,.. „......„ _ .., ..... . , ...,.. ,....._ _ _ - -z ----.-- -_:,.___,,-..T:.------Lt--7r,-,mc-.....*_ _....,-....-7-- - —_—. -..!..-- --;.--_,=--....„,— i=_ - - .,-47-..--_ ---=--;:,--' : --------- _. --:_v--- _.....--•..-„,,...,-.1;-_-..-- --- 3g -•===wir -17 _ - •Xxo...„4„ ' - - , P="' .'••••••••cj•-••,'" —= - --...-- _ -...., -_---, • _._ - 4•01•111. - Photo courtesy htt. cffilogb County Office of Tourism 360 '!n July 25, 2019 Sheri Der .1 Loar Indian River County Sheriff's Office The Honorable Bob Solari, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Re: Budget Amendment Dear Chairman Solari: My office participated in an on-line auction of surplus property and vehicles.: The total auction proceeds were $101,311.70. The net result to the Sheriffs Office Was $96,627.00. In keeping with past practice, I am requesting the proceeds be used to acquire new like -kind property within the current fiscal year pursuant to Chapter 274, Florida Statutes. Please place this item under Constitutional Officers for the August 13, 2019 board agenda. If you have any questions or need additional information, please let me know. Sincerely, Deryl Loar, Sheriff DL:nmj cc: Jason E. Brown, CountyAdministrator Kristin Daniels, OMB Director Kelly Goodwin Metcalf, Comptroller 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org 541fi 361 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM IRI TO: Jason E. Brown; County Administrator THROUGH: Roland DeBlois, AICP Community Development Director FROM: Bill Schutt, AICP Chief, Long Range Planning DATE: July 29, 2019 RE: Stoneridge, LLC Request to Rezone + 19.24 Acres from RS -3 to RS -6 (RZON-2004110052-83770) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of August 13, 2019. DESCRIPTION AND CONDITIONS This request is to rezone ±19.24 acres from RS -3, Single Family Residential District (Up to 3 units/acre), to RS -6, Single Family Residential District (Up to 6 units/acre). As shown in Figure 1, the subject property is located south of 65th Street, west of Lateral "G" Canal, and east of 48th Avenue. The purpose of this request is to secure the zoning necessary to develop the ±19.24 acre site at a density consistent with the allowed density of its comprehensive plan land use designation and adjacent properties. On June 27, 2019, the Planning and Zoning Commission voted 4 — 0 to recommend that the Board of County Commissioners approve this rezoning request (see Attachment 5). Existing Land Use Pattern This portion of the county is developed with single family and multi -family residential uses. As shown on Figure 1, the subject property contains vegetation and two abandoned homes, and was once a former citrus grove. Figures 2 and 3 show that the property to the south is zoned RM -4, multi -family residential (up to 4 units/acre), and contains the Bent Pine golf course. To the west of the subject property, land is zoned RS -6 and contains the North Carolina Subdivision. To the north of the subject property and across 65th Street, land is zoned RS -3, Single -Family Residential District (up to 3 units/acre), and contains single family homes and a number of 60' wide lots. Land to the east is zoned RS -6 and is vacant (contains vegetation; property just east of Lateral G canal is approved for development with 70' wide lots). 362 Figure 1 - Aerial image of subject property and surrounding uses Approved Los Tree Presery esidential Su Stoneridge, LLC +/-19.24 Acres Vegetated/2 Vacant Homes (Former Citrus Grove) (Existing zoning and proposed zoning maps are on next page) 363 Figure 2 - Existing Zoning of Subject Properties _RSA x RS -3 RS -3 RS -6 F. G N6t a 3711tSCa020110}000.0 130.006T2,9001C10 a: 65TH ST, (SWWNTEF. EEACN RA 672 II7909000:202000001.0 RS -3 1=! PD Stoneridge, LLC +/-19.24 Acres RS -3 to RS -6 -.65 treet RS -6 ee. L...w h . H, P 9 A � CI C). RS -6 RS -6 aNtaaurvwua.ew001.1 2233<11000C20,21 .000 t 323trA t."2,0OSs,A RM -4 RM -4 S3% C1000010200000I.0 1331.00003031900009.1 A-1 A-1 PD A-1 Figure 3 - Proposed Zoning of Subject Properties II _RSA oU '03TH LN �SJ RS -3 Stoneridge, LLC +/-19.24 Acres RS -3 to RS -6 RS -6 RS -6, ,u.w0C1A � RS -6 sr 321=0:02:54•2033640 J 32540900002C11000=0 RS -6 RM -4 31390900001020000010 1319010000000000.1 A-1 A-1 313909000C5lo1000001A A-1 364 Future Land Use Pattern As shown on Figure 4, the subject property and adjacent properties to the south, east, and west are designated L-2, Low -Density Residential -2, on the Comprehensive Plan's Future Land Use Map. The L-2 designation permits residential uses with densities up to 6 units/acre. To the north, across 65th Street, the land is designated L-1, Low -Density Residential -1, on the county's Future Land Use Map. The L-1 designation permits residential uses with densities up to 3 units/acre. N Figure 4 - Future Land Use of Subject Properties S"l Street €€2 12.19=102102021023.1 L \I L-1 Stoneridge, LLC +/-19.24 Acres L-2 L-2 ,, ,4 1:11.1cAaa.Rxlx.1 L-2 s 190190caaxazoia atw0000axvxtmomo.1 Environment The subject property contains two vacant single-family homes and contains an abandoned citrus grove that is now overgrown with a mix of vegetation and trees. Based on County records, no wetlands or any other environmentally sensitive habitat have been identified on the property. According to Flood Insurance Rating Maps, the subject property lies within Flood Zone X. Utilities and Services The subject property lies within the Urban Service Area of the County. 365 Water Service is available to the site from the North County Reverse Osmosis Plant, which currently has sufficient capacity to accommodate the additional demand generated by the subject rezoning request. Wastewater service is available to the site from the Central Regional Wastewater Treatment Plant, which also currently has sufficient capacity to accommodate the additional demand generated by the subject rezoning request. Transportation System The subject property abuts 65th Street on its north side. This roadway is classified as an urban collector road on the future roadway thoroughfare plan map. Located within an approximate 80 foot existing public road right-of-way and canal right-of-way (Sub -Lateral G-3), this segment of 65th Street is a two lane paved road. There are currently no planned road improvements for this section of 65th Street listed in the County's Comprehensive Plan. Zoning District Differences Both of the respective zoning districts' share a purpose. statement. That purpose statement, found in the County's Land Development Regulations (LDRs), is as follows: Single-family residential districts: The single-family districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential uses, providing single-family housing opportunities, and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for a varied and diverse housing supply. The RS -3, Single -Family Residential District (up to 3 units/acre) and the RS -6, Single -Family Residential District (up to 6 units/acre) are the County's two most prevalent single-family zoning districts. In terms of permitted uses and size and dimension criteria, there are both similarities and differences between the existing RS -3 district and the proposed RS -6 district (see Attachment 3). With respect to lot size and potential number of lots, under RS-3zoning, the minimum lot width is 80' and new conventional subdivision development typically yields an actual density of 2.0 — 2.5 units. Under RS -6 zoning, the minimum lot width is 70' and new conventional subdivision development typically yields an actual density of 2.5-3.2 units per acre. ANALYSIS In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this .section will include an analysis of the request's: • Impact on public facilities; • Consistency with the county's comprehensive plan; • Compatibility with the surrounding area; and • Potential impact on environmental quality. 366 Impact on Public Facilities The subject property is located within the Urban Service Area, an area deemed suited for urban scale development. Within the Urban Service Area, the comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation (reference Future Land Use Element Policy 3.1). Adequate provision of those services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for those services and facilities are maintained, the comprehensive plan requires that new development be reviewed for a concurrency determination. For rezoning requests, that review is undertaken as part of the conditional concurrency determination application process. As per section 910.07 of the County's Land Development Regulations (LDRs), conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, county regulations call for the concurrency review to be based upon the most intense use of the subject property based upon the requested rezoning district. For residential rezoning requests, the most intense use (according to the County's LDRs) is the maximum number of units that could be built on the site, given the size of the property and the maximum density under the proposed zoning. The site information used for the concurrency analysis associated with this rezoning request is provided below. 1. Size of Area to be Rezoned: + 19.24 acres 2. Existing. Zoning District: 3. Proposed Zoning District: 4. Most Intense Use of Subject Property Under Existing Zoning District: RS -3, Single -Family Residential District (up to 3 units/acre) RS -6, Single -Family Residential District (up to 6 units/acre) 57 Single -Family Units 5. Most Intense Use of Subject Property. Under Proposed Zoning District: 115 Single -Family Units *Note: a 6 unit per acre density under RS -6 zoning would be allowed only if approved as a Planned Development special exception project involving a public hearing process similar to a rezoning. As stated previously in this report, conventional RS -6 subdivision projects are limited by the RS -6 seventy foot (70') minimum lot width requirement and typically yield an actual density of 2.5 — 3.2 units per acre or 48-61 lots in the case of the subject site. 367 Transportation As part of the concurrency review process, the applicant submitted a Traffic Impact study. A Traffic Impact Study reports the number of peak hour/peak season/peak direction trips that would be generated by the most intense use of the subject property under the proposed zoning district, and it assigns peak trip data to the County's thoroughfare roadway network within the project's area of influence. That area of influence is defined in section 910.09(4)(b)3 of the County's LDRs as roadway segments that receive eight (8) or more peak season/peak hour/peak direction project trips for two-lane roadways or fifteen (15) or more peak season/peak hour/peak direction project trips for four -lane (or wider) roadways. For this rezoning request, the county's Traffic Engineering Division reviewed and approved the applicant's traffic impact study. According to the approved traffic impact study, the existing level of service on impacted roadways would not be lowered by the traffic generated by development of 115 single-family units on the subject property. Water With the proposed rezoning, the subject property could accommodate up to 115 residential units. Development on the subject property will be served by the North County Reverse Osmosis Plant, which currently has sufficient existing and planned capacity to accommodate the additional demand generated by the 115 unit theoretical maximum associated with the proposed rezoning. Wastewater County wastewater service is available to the site from the Central Regional Wastewater Treatment Plant, which currently has sufficient existing and planned capacity to accommodate the additional wastewater generated by the 115 unit theoretical maximum associated with the subject request. Solid Waste Solid waste service includes pick-up by private operators and disposal at the county landfill. A review of the solid waste capacity for the active segment of the county landfill as well as planned expansions of the landfill indicates that the county landfill can accommodate the additional solid waste generated by the site under the proposed rezoning. Stormwater Management All developments are reviewed for compliance with county stormwater regulations, which require on-site retention, and preservation of floodplain storage and minimum finished floor elevations when located within a floodplain. In addition, development proposals must meet the discharge requirements of the county Stormwater Management Ordinance. Since the site is located within the C-1 Drainage Basin and the Indian River Farms Water Control District (IRFWCD), development on the property will be prohibited from discharging any runoff in excess of two inches in a twenty-four hour period, which is the approved IRFWCD discharge rate. 368 In this case, the minimum floor elevation level of service standard does not apply, since the property does not lie within a floodplain. Both the on-site retention and discharge standards do apply. The stormwater management level of service standard will be met by limiting off-site discharge to the IRFWCD's maximum discharge rate of two inches in twenty-four hours, and maintaining on-site retention of the stormwater runoff for the most intense use of the property. As with all development, a more detailed review will be conducted during the development approval process. Recreation A review of county recreation facilities and the projected demand that would result from the most intense development that could occur on the property under the proposed zoning district indicates that the adopted levels of service would be maintained. Concurrency Summary Based upon the analysis conducted, staff has determined that all concurrency -mandated facilities, including transportation, stormwater management, solid waste, recreation, water, and wastewater, have adequate capacity at this time to accommodate the most theoretically intense use of the subject property under the proposed rezoning. As with all development, a more detailed concurrency review will be conducted during the development approval process. Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive plan. Rezoning requests must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. In this case, the subject property is designated L-2, Low Density -2, on the Future Land Use Map. Since RS -6 zoning is allowed in the L-2 district, the proposed zoning is consistent with the Future Land Use Map. Other than the Future Land Use Map, the goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following objectives and policies: • Future Land Use Element Objective 1 Future Land Use Element Objective 1 states that the county will have a compact land use pattern which reduces urban sprawl. By allowing the site to be developed in a manner that is consistent with the site's land use designation, the request allows a more compact land use pattern within the 369 Urban Service Area and reduces the chances that urban sprawl will occur. For these reasons, the request is consistent with Future Land Use Element Objective 1. • Future Land Use Element Policies 1.11 and 1.12 Future Land Use Element Policy 1.11 states that these residential uses must be located within the Urban Service Area. In addition, Future Land Use Element Policy 1.12 states that the L-2, Low - Density Residential -2, land use designation is intended for residential uses with densities up to 6 units/acre. Since the subject property is located within the county's Urban Service Area, is located within an area designated as L-2 on the county's Future Land Use Map, and the proposed zoning district would permit residential uses no greater than the 6 units/acre permitted by the L-2 designation, the proposed request is consistent with Policies 1.11 and 1.12. • Future Land Use Element Policy 2.2 Future Land Use Element Policy 2.2 states that the county shall encourage and direct growth into the Urban Service Area through zoning and LDRs. Since the proposed rezoning would allow and encourage more development on the subject property and the subject property is within the Urban Service Area, the request implements Future Land Use Element Policy 2.2. While the referenced policies are particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan. Consistency with the County Land Development Regulations Rezoning requests must be consistent with all applicable sections of the County Land Development Regulations (LDRs), including Section 902.12(3) standards of review. A copy of those standards are included as Attachment 4 to this report. With this rezoning request, staff determined that the request is consistent with the LDRs, including the review standards listed in Section 902.12(3). Compatibility with the Surrounding Area Staff's position is that the requested zoning district is appropriate for the site and that development under this zoning district would be compatible with surrounding land uses. Since the land to the west and to the east of the subject property is zoned RS -6 and developed with single family homes, the requested zoning district will be a continuation of that zoning district in both directions. At least two factors indicate that the proposed RS -6 zoning district would be appropriate for this portion of the county; these are: the underlying designation on the Future Land Use Map of L-2, Low -Density Residential -2 (up to 6 units per acre); and the development pattern in this portion of the County. 370 In this case, the proposed RS -6 zoning district is consistent with the property's underlying L-2 land use designation and is compatible with the existing multiple -family zoning district to the south and the existing single-family residential zoning district to the north. While the land to the south of the subject property is zoned RM -4, Multiple -Family Residential (up to 4 units/acre), that property has been developed as a golf course, and is separated from the subject property by a canal. No incompatibilities will be created by establishing RS -6 zoning adjacent to the golf course. Since the RS -3 zoned property to the north is separated from the subject property by 65th Street and a canal, which have a combined 80 -foot public right-of-way, that separation will ensure that no incompatibility issues will arise between the subject property and the property to the north as a result of this rezoning request. Similarly, no incompatibility is anticipated between the subject property and the RS -6 zoned property to the east. This adjacent property is currently owned by the applicant and borders the G-3 Canal. It is anticipated that this property will be developed consistent with the underlying L- 2 land use designation on the county's future land use map. In fact, an application has already been submitted to develop this adjacent property and the subject property as a single family residential project at a density slightly over 3 units per acre. That proposal is on hold pending the outcome of the subject rezoning request. Properties to the west are within the North Carolina Colony Subdivision, which was platted in the 1950's with 50' wide lots. Over time that subdivision has developed with single family homes on varying sized lots as a result of owners combing one or more or portions of adjacent lots so that now the subdivision contains a mixture of lot sizes including 50' wide, 75' wide, and 100' + wide lots. Since that subdivision is zoned RS -6, rezoning the subject property would constitute an extension of the existing RS -6 zoning district, thereby ensuring compatibility. The aforementioned factors indicate a trend toward continued urbanization in this portion of the county. Therefore, no incompatibilities between these properties and the subject property are anticipated to occur as a result of the proposed rezoning. For these reasons, staff feels that the requested RS -6 zoning district would be compatible with development in the surrounding area. Potential Impact on Environmental Quality The subject property currently contains two vacant single family residential uses and contains remnants of an abandoned citrus grove. Therefore, the site is no longer in its natural state. Since the subject property contains no environmentally important land, such as wetlands or sensitive uplands, development of the site is anticipated to have little or no impact on environmental quality. In addition, the same degree of site alteration is anticipated whether the site is developed as an RS - 3 or an RS -6 subdivision. For these reasons, no adverse environmental impacts associated with this request are anticipated. 371 CONCLUSION The requested RS -6 zoning district is compatible with the surrounding area and is consistent with the site's land use designation and the goals, objectives, and policies of the Comprehensive Plan. The requested rezoning meets applicable concurrency requirements, will have no negative impacts on environmental quality, and meets all applicable rezoning criteria. Most importantly, the subject property is located in an area deemed suited for low-density single-family residential uses allowed under the requested RS -6 zoning. For these reasons, staff supports the request. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from RS -3 to RS -6 by adopting the proposed ordinance. ATTACHMENTS. 1. Summary Page 2. Rezoning Application 3. Table of Uses for Residential Zoning Districts 4. Section 902.12(3) Standards of Review 5. Unapproved Minutes of the June 27, 2019 PZC meeting 6. Rezoning ordinance F:\Community Development\Rezonings\Stoneridge LLC - Bridge Creek\BCC\BCC staff report August 13 2019.docx 372 GENERAL Applicant: Location: Acreage: Land Use Designation: Existing Zoning: Requested Zoning: Existing Land Use: SUMMARY PAGE Stoneridge, LLC 4655 65th Street and 4755 64th Street ±19.24 acres L-2, Low -Density Residential -2 (up to 6 units/ac.) RS -3, Single -Family Residential District (up to 3 units/acre) RS -6, Single -Family Residential District (up to 6 units/acre) Vacant/2 Vacant Residences, former citrus grove ADJACENT LAND North: 65th St, SF Residences, RS -3, Single -Family Residential District (up to 3 units/acre) South: Bent Pine Golf Course, RM -4, Multi -Family Residential District (up to 4 units/acre) East: Vacant, RS -6, Single -Family Residential District (up to 6 units/acre) West: SF Residences, RS -6, Single -Family Residential District (up to 6 units/acre) INFRASTRUCTURE Potable water and wastewater service is available ENVIRONMENTAL CONSTRAINTS None, Flood Zone X PUBLIC NOTIFICATION N R-3 rS t . O -. t eet L STAFF RECOMMENDATION Approval -6 1,' PD Stoneridge, LLC +1-19.24 Acres RS -3 to RS -6 R14 RS6; RS -3 RM -4 S a- RS -6 RM -4 PO PD ATTACHMENT 1 373 Planning and Zoning Commission Board of County Commissioners Staff Contact: Bill Schutt Bill Schutt Date Advertised: 6/12/19 7/28/19 # of Surrounding • Property Owner Notifications: 37 37 Date Notification Mailed: 6/12/19 7/29/19 Date Sign Posted: 6/12/19 7/29/19 N R-3 rS t . O -. t eet L STAFF RECOMMENDATION Approval -6 1,' PD Stoneridge, LLC +1-19.24 Acres RS -3 to RS -6 R14 RS6; RS -3 RM -4 S a- RS -6 RM -4 PO PD ATTACHMENT 1 373 REZONING REQUEST (RZON) APPLICATION FORM RFCHVED Each application must be complete when submitted and must include all w. uired ' ' , attachments. An incomplete application will not be processed and will be returned,to�t e applicant. 4E U 618t t r' 234 INDIAN RIVER COUNTY Assigned Project Number: RZON - 2004110052-83770 Signature of Owner or Agent: Property Information Site Address: 4755 64th St, Vero Beach, FL 32967; 4655 65th St, Vero Beach, FL 32967; Site Tax Parcel 1.D. its: 32390900002005000001.0; 32390900002006000001.0; Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: RS -3 (19.24 ac.) Requested Zoning District: RS'6 (19.24 acres) Total (gross) Acreage of Parcel: 19.24 acres Existing Use on Site: vacant. Existing Land Use Designation: L-2 Acreage (net) to be Amended: 19.24 acres Proposed Use on Site: Single -Family Residential Applicant(s) mast attend a pre -application conference with Lona -Range Planning Section staff prior to applying. ATTACHMENT 2 '4 Current Owner Applicant (Contract Purchaser) Agent Name: . Stoneridge LLC Stoneridge LLC Chad Riddle/WGI Complete Mailing Address: PO Box 950, Fort Lauderdale, FL 33302 PO Box 950, Fort Lauderdale, FL.33302 2035 Vista Parkway West Palm Beach, FL 33411 Phone #: (including area code) 561-839-1718 (Agent) 561-839-1718 (Agent) 561-839-1718 Fax #: (including area code) 561-687-1110 (Agent) 561-687-1110 (Agent) 561-687-.1110 0 E -Mail: Chad.Riddle©wginc.com (agent) Chad.Riddle®wginc.eom (agent) Chad. Riddle®wginc.com Contact Person: Chad Riddle (agent) Chad Riddle (agent) ''Chad Riddle Signature of Owner or Agent: Property Information Site Address: 4755 64th St, Vero Beach, FL 32967; 4655 65th St, Vero Beach, FL 32967; Site Tax Parcel 1.D. its: 32390900002005000001.0; 32390900002006000001.0; Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: RS -3 (19.24 ac.) Requested Zoning District: RS'6 (19.24 acres) Total (gross) Acreage of Parcel: 19.24 acres Existing Use on Site: vacant. Existing Land Use Designation: L-2 Acreage (net) to be Amended: 19.24 acres Proposed Use on Site: Single -Family Residential Applicant(s) mast attend a pre -application conference with Lona -Range Planning Section staff prior to applying. ATTACHMENT 2 '4 Indian River County Land Development Regulations TABLE OF USES AND SIZE AND DIMENSION CRITERIA from Section 911.07. - Single-family residential districts. (4) Uses. Uses in the single-family districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except for single-family dwellings. Uses RS -2 RS -3 RS -6 RT -6 Agricultural Noncommercial kennel and animal boarding places Noncommercial nursery and greenhouse Noncommercial stable A A A A A A A A A A A Residential Accessory single-family dwelling unit Small lot single-family subdivision A A A Single-family dwelling SF dwelling (attached) Duplex, Guest cottage and servant's quarters P A P A P A P P P A Single-family docks and private observation/fishing piers on vacant lots L A A A A Subdivisions with special side yards A 1 Section 911.07. - Single-family residential districts. Attachment 3 375 District Uses RS -2 1 RS -3 RS -6 RT -6 Bed and breakfast s s Institutional Child or adult care facilities s S s S Foster care facilities P P P P Group home (level I) A A A Adult congregate living facility (8 residents max.) A A A Group home (level II & III) S Adult congregate living facility (20 residents max.) Section 911.07. - Single-family residential districts. 1 S Attachment 3 376 Section 911.07. - Single-family residential districts. Attachment 3 377 District Uses RS-2 I RS-3 RS-6 RT-6 Places of worship A A A A Cemeteries S SII S S S Community Service _ _ _ _ . Emergency services A A J A A Educational centers including primary and secondary schools _ S --J,---_ a 1 5 - Jam_.-___--._.___.-Y S S Governmental administrative building S -, S S S Community centers - V - S S Colleges/universities -- - - - — - ---- -- S -- - — S -i S S Libraries - � - S ---------------- S Recreation 1p Countryclubs S li S S S Golf courses 5 N S 5 S parksplaygrounds Public and la rounds A A A A Private/public docks S S S S Utility 1 Communications towers (wireless facilities including cell towers) - A l A l A1 A l Communications towers (non-wireless facilities including L 11 Section 911.07. - Single-family residential districts. Attachment 3 377 Uses TV and radio broadcast towers) r RS -2 RS -3 RT -6 Amateur radio (accessory use f Less than 80 feet P P P P 80 feet or taller (see 971.44(4) for special criteria) Commercial Up to 70 feet: Camouflaged Non -camouflaged S S S P P 70 feet to 150 feet: Camouflaged A A A A Monopole (minimum of 2 users) Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) for special criteria) Limited public and private utilities S 5 S S Public and private utilities heavy P - Permitted use Section 911.07. - Single-family residential districts. S S Attachment 3 S 378 A - Administrative permit use S - Special Exception Use 1 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. (7) Size and dimension criteria: Regulation i Unit RS -2 RS -3 1 RS -6 RT -6 :Maximum density Minimum lot size 2 SF Duplex d.u./gr.ac.. square feet 2 16,000 3 12,000 7,000 6 7,000 12,000 Minimum lot width feet 100 80 70 70 Minimum yard Front* Side* feet 15 15 20 10 20 10 Rear* 25 25 20 20 Maximum building height feet 35 35 35 35 Maximum building coverage 3 percent of lot 25 30 Minimum open space percent of lot 40 40 30/40* I 40 35/40* 40 1 Nonconforming lots of record lawfully created prior to June 18, 1991 shall meet the RS -6 yard requirements. 2 In no case shall the density exceed the maximum permitted gross density. Section 911.07. - Single-family residential districts. Attachment 3 379 3 Maximum building coverage for single -story detached single-family homes in RS -6 and RT -6 is forty (40) percent. For purposes of this regulation, single -story homes shall not include any habitable floor area situated more than three (3) feet above the main ground floor elevation. Maximum building coverage for all other types of buildings is thirty (30) percent in RS -6, thirty-five (35) percent in RT -6. *Note: A one -foot additional setback is required for every one (1) foot in building height over twenty- five (25) feet in building height. For example, a building or portion of a building that has a thirty -five- foot building height, as defined in the land development regulations, must have an additional ten -foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR 6 Section 911.07. - Single-family residential districts. Attachment 3 380 Section 902.12. - Amendments to the land development regulations text and official zoning atlas. (1) Purpose and intent. The purpose of this section is to provide a means for changing the text of the land development regulations or the official zoning atlas. It is not intended to relieve particular hardships or confer special privileges or rights to any person. (2) Changes and amendments. The board of county commissioners may from time to time, on its own motion, the motion of the, Indian River County Planning and Zoning Commission, or the petition of the owner or the owner's authorized agent, amend, supplement, change, modify, or repeal by ordinance, pursuant to the authority and in the manner provided herein, any of the provisions of the land development regulations or any boundaries within the zoning atlas. Standards of review. In reviewing the application of a proposed amendment to the text of the land development regulations or an application for a proposed amendment to the official zoning atlas, the board of county commissioners and the planning and zoning commission shall consider: (a) Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations; (b) Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan; (c) Whether or not the proposed amendment is consistent with existing and proposed land uses; (d) Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan; (e) Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below level adopted in the comprehensive plan; (f) Whether or not there have been changed conditions which would warrant an amendment; (g) Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation; (h) Whether or not the proposed amendment would result in significant adverse impacts on the natural environment; Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern; (j) Whether or not the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of the land development regulations; as well as (k) Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services. NOTE: Some of these items of consideration may be deemed as inapplicable in the review and approval of Land Development Regulation amendment requests. (3) (i) (4) Amendment procedures. (a) Application and content. All applications (other than board of county commissioners initiated amendments) for changes and amendments shall contain all the information required of this section and shall be in a form prescribed by the community development department and approved by the board of county commissioners. The following information shall be provided by the applicant for an amendment to the official zoning atlas. Attachment 4 381 1. Legal description; boundary survey. The application shall describe by legal description and any street address, where possible, the property to be affected by the proposed change, setting forth the present zoning applicable thereto and specifying the district, zone or use requested by the applicant. The application shall also include a copy of the deed and at least one other conveying instrument indicating present legal and/or equitable ownership together with notarized authorization from the owner of the subject property if the applicant is not the owner. The application shall also include a boundary survey, sealed by a registered land surveyor, of the property proposed to be rezoned. 2. Statement of verification. All such applications or petitions shall include a verified statement showing each and every individual person having legal and/or equitable ownership interest in the property upon which the application for rezoning is sought. 3. Concurrency certificate. Each application shall include a valid conditional, or initial concurrency certificate or evidence of a concurrency certificate application. 4. Fees. Each application shall include a publication and application fee for each requested change; provided, however, that as many lots or parcels of property as the applicant may desire may be included in a single petition if they constitute one contiguous area. Such fee shall be established by the board of county commissioners. 5. Application time limitations. A rezoning or land development regulation text amendment application shall be considered active for a period of one year after it is submitted to the community development department. If the application is not complete or if the board of county commissioners does not hold a public hearing on the application because of delays by the applicant, the application shall be terminated one year after the submittal date. (b) Staff review. The community development department shall have twenty (20) working days from the date the completed application and required fees are submitted to review and comment upon the application. The community development department shall then place the completed application on the agenda of a regularly scheduled county planning and zoning commission meeting; provided, however, the following notice and publication requirements are met prior to the public hearing before the county planning and zoning commission. 1. Published notice requirement. The community development department shall publish the material contents of the application, together with a map indicating the area proposed to be rezoned, (map required only for rezoning requests and land development regulations amendment requests where state regulations require the publishing of a map), at least ten (10) days prior to the county planning and zoning commission's public hearing on the application, unless Florida Statutes mandate different notice requirements. 2. Mailed notice; posted notice. Additionally, the community development department shall send by regular mail a written courtesy notice to all owners of property within three hundred (300) feet of the outer limits of the area described in the petition requesting a change, advising all such owners as shown upon the last prepared and completed tax assessment roll of the county, in simple terms, the proposed change and the time and place of the public hearing. In the event that more than ten (10) lots or parcels are proposed for rezoning, notification shall be by published notice only. For rezoning requests the community development department shall erect and conspicuously place upon the subject property at least one notice which shall contain the following information: a. Map of property which is the subject of the rezoning petition; b. Present zoning and requested rezoning classification; and c. Dates of scheduled hearings. 3. Failure to provide notice. The provisions hereof for mailing notice are directory only and the failure to mail such notices shall not affect any change or amendment of said land development regulations. Moreover, regarding rezoning requests, failure to maintain a conspicuous notice on the property shall not affect said requests. 382 (5) (c) Action by planning and zoning commission. After the public hearing, the county planning and zoning commission shall report its recommendations to the board of county commissioners for final action. For rezoning requests, a denial of the application by the county planning and zoning commission, unless appealed as provided for herein, will be final. (d) Appeals of decisions by the planning and zoning commission to deny a rezoning application. Any applicant who is aggrieved by a decision of the county planning and zoning commission regarding denial of a rezoning application may file a written notice of intent to appeal the county planning and zoning commission decision with the director of the community development department, the chairman of the county planning and zoning commission, and the chairman of the board of county commissioners. Such appeal must be filed within twenty-one (21) days of the decision of the county planning and zoning commission. (e) Action by the board of county commissioners. Upon receipt of the recommendations from the county planning and zoning commission, or upon receipt of a written notice of intent to appeal, the board of county commissioners shall consider the proposed change, amendment or rezoning application and appeal within forty-five (45) days of the submission of said recommendations or written notice of intent to appeal, at an advertised public hearing as required by F.S. § 125.66. An appeal of a denial of a rezoning application shall be heard de novo. Time for reapplying. No new application for an amendment, change or modification of the official zoning atlas shall be permitted to be filed until after the expiration of at least twelve (12) months from the filing of a previous application with the community development department, covering substantially the same lands. (6) Interim zoning. The board of county commissioners may adopt stop -gap or interim zoning for periods of time not to exceed one year designed to preserve the status quo in any area in the county, pending the completion of zoning, water and sewer, urban renewal or other similar type plans. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 32, 2-27-91; Ord. No. 91-23, § 2, 5-15-91; Ord. No. 96-6, § 8, 2-27-96; Ord. No. 98-9, § 7, 5-19-98; Ord. No. 2002-004, § 5, 2-12-02) ADD DIAGRAM -REZONING FLOW CHART, P.106.1 OF ORD. 383 Portion of DRAFT June 27, 2019 Indian River County Planning and Zoning Commission Meeting Minutes Public Hearing Chairman Todd Brognano read the following into the record: A. Stoneridge, LLC Request to rezone +1- 19.24 acres located south of 65th Street, west of Lateral "G" Canal, and east of 48th Avenue from RS -3 to RS -6 (RZON- 2004110052-83770) [Quasi -Judicial] Chairman Brognano opened the Legislative hearing and the secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. William Schutt, Chief of Long Range Planning, reviewed information regarding the request for rezoning and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commissioners recommend that the BCC approve this request to rezone the subject property from RS -3 to RS - 6. Mr. William Schutt and Mr. Stan Boling answered questions from the Commissioners regarding the proposed project. Chairman Todd Brognano opened the public hearing. An unnamed citizen sought clarification regarding the nature of the project and details of the proposed subdivision. Representative for the Applicant, Mr. Joseph Paladin, President of Black Swan Consulting and Entitlement, answered questions from the commissioners as well as the public regarding the proposed project. Mr. Steve Harp, who resides adjacent to the proposed project, discussed his concerns regarding traffic and drainage. Staff collected his contact information so that he could provide input once a final site plan is submitted. Mr. Jeff Brophy, Representing W.G.I Engineering, proceeded to provide further clarification on the proposed project. Chairman Brognano closed the public hearing. ON MOTION BY Mr. Chip Landers, SECONDED BY Dr. Jonathan Day, the members voted unanimously (4-0) to approve staff recommendations on this Quasi -Judicial matter. 384 ORDINANCE NO. 2019 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±19.24 ACRES LOCATED SOUTH OF 65th STREET, WEST OF LATERAL "G" CANAL, AND EAST OF 48th AVENUE FROM RS -3, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE), TO RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: That portion of Tracts 5 through 6 located in Section 9, Township 32S, Range 39E according to Indian River Farms Co. as recorded in Plat Book 2, at Page 25, of the Public Records, Indian River County, Florida lying west of Lateral "G" canal right-of-way, north of Sub -Lateral "G-2" canal right-of-way, and south of -65th Street right-of-way. Furthermore described as follows: COMMENCING at the east quarter corner of said Section 9; THENCE South 00°11'45" West, 30.00 feet along the east line of the southeast quarter of said Section 9; THENCE South 89°40'38" West, 1430.52 feet along the south right-of-way line of said 65th Street (80 foot right- of-way) to the Point of Beginning; THENCE South 14°14'45" East, 93.48 feet along the west right-of-way line of said Lateral "G" (160 foot right-of-way); Attachment 6 Page 1 of 3 385 ORDINANCE NO. 2019 - THENCE South 36°07'19" East, 96.78 feet continuing along the west right-of-way line of said Lateral "G" (160 foot right-of-way); THENCE South 00°15'10" West, 1145.75 feet along the east line of said Tract 5 to the north right-of-way line of Sub -Lateral "G-2" (60 foot right-of-way); THENCE South 89°53'18" West, 638.41 feet along the north right-of-way line of said Sub - Lateral "G-2" (60 foot right-of-way); THENCE North 00°16'04" West, 1312.57 feet along the east line of North Carolina Colony Subdivision as recorded in Plat Book 3, at Page 65, of the Public Records, Indian River County, Florida; THENCE North 89°40'38" East, 569.55 feet to the Point of Beginning and containing 19.24 acres (838,037 square feet), more or less. is changed from RS -3, Single Family Residential District (Up to 3 units/acre) to RS -6, Single Family Residential District (Up to 6 units/acre). All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Depa' t'nent of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 13th day of August, 2019. This ordinance was advertised in the Press -Journal on the 28th day of July 2019, for a public hearing to be held on the 13th day of August, 2019 at which time it was moved for adoption by Commissioner , seconded by , 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 Page 2 of 3 386 ORDINANCE NO. 2019 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Bob Solari, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordinance was filed with the Depat tinent of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Roland DeBlois, AICP; Interim Community Development Director F:\Community Development\Rezonings\Stoneridge LLC - Bridge Creek\BCC\Attachment 6 - Ordinance.doc Page 3 of 3 387 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±19.24 ACRES LOCATED SOUTH OF 65th STREET, WEST OF LATERAL "G" CANAL, AND EAST OF 48th AVENUE FROM RS -3, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE), TO RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: That portion of Tracts 5 through 6 located in Section 9, Township 32S, Range 39E according to Indian River Farms Co. as recorded in Plat Book 2, at Page 25, of the Public Records, Indian River County, Florida lying west of Lateral "G" canal right-of-way, north of Sub -Lateral "G-2" canal right-of-way, and south of 65th Street right-of-way. Furthermore described as follows: COMMENCING at the east quarter corner of said Section 9; THENCE South 00°11'45" West, 30.00 feet along the east line of the southeast quarter of said Section 9; THENCE South 89°40'38" West, 1430.52 feet along the south right-of-way line of said 65th Street (80 foot right- of-way) to the Point of Beginning; THENCE South 14° 14'45" East, 93.48 feet along the west right-of-way line of said Lateral "G" (160 foot right-of-way); Attachment 6 388 THENCE South 36°07'19" East, 96.78 feet continuing along the west right-of-way line of said Lateral "G" (160 foot right-of-way); THENCE South 00°15'10" West, 1145.75 feet along the east line of said Tract 5 to the north right-of-way line of Sub -Lateral "G-2" (60 foot right-of-way); THENCE South 89°53'18" West, 638.41 feet along the north right-of-way line of said Sub - Lateral "G-2" (60 foot right-of-way); THENCE North 00°16'04" West, 1312.57 feet along the east line of North Carolina Colony Subdivision as recorded in Plat Book 3, at Page 65, of the Public Records, Indian River County, Florida; THENCE North 89°40'38" East, 569.55 feet to the Point of Beginning and containing 19.24 acres (838,037 square feet), more or less. is changed from RS -3, Single Family Residential District (Up to 3 units/acre) to RS -6, Single Family Residential District (Up to 6 units/acre). All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 13th day of August, 2019. This ordinance was advertised in the Press -Journal on the 28th day of July 2019, for a public hearing to be held on the 13th day of August, 2019 at which time it was moved for adoption by Commissioner , seconded by , and adopted by the following vote: Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Bob Solari, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Roland DeBlois, AICP; Interim Community Development Director F:\Community Development\Rezonings\Stoneridge LLC - Bridge Creek\BCC\Attachment 6 - Ordinance.doc 390 8/13/2019 10.A.1. Board of County Commissioners August 13, 2019 Stoneridge Properties, LLC Rezoning Request RS -3 to RS -6 Location & Existing Land Uses South of 65th St. & East of 48th Ave. (4655 65th St. & 4755 64th St.) 777 i°, f; ` i', ' r- 1-:: } r� i .:��� R :p„..,, LOS ' Stoneridge, LLC .il r t ¢C,,4gR, C < �,,;�e+ -+r' i r "� •! ,R Tree Preser ".ove t �""'i.r 1, 1C Nat Falls Sab .*. , .,... +/-19.24 Acres l'tgetated/2VprnntFlomes : ,,f t „r- r� „ t . • e s � J 1"t 4 i '7 �;�ResideullplSub j�►° �� lvc # 7. ' • p (lointcrCiinlsGro�c) K Yi,,,. � � t RResldencesj,e il.„' . AvP it s`S • a L : f 1 ,' ,} ; ;1 .'"7,, .r5'' "' ,. GS0' Stree i.k[ r. p! i. ` - -. 650' Siree :a c s ' V c 1C1,urcb) 7 ,-.4 •-, 1 r Q it':, FVr,._CpT01%ltp 1 i Sub �SFHomGc -, ! t i� ,, r (Vacant] . �• .l. Otrned b; _ .' d i a� 9 llcanf l —� f ` Ben(Pine Golf Course and 1`e, elation 8/13/2019 10.A.1. Purpose Secure the zoning necessary to use the site with uses that are allowed under the RS -6 zoning district at a density consistent with the allowed density of its comprehensive plan land use designation PZC Action •On June 27, 2019, PZC recommended that BCC approve the request (4-0) 3q©- 2 8/13/2019 10.A.1. RS -3 Zoning • RS -3 (Residential Single Family, up to 3 units per acre) allows for single family development and various conditional uses such as child and adult care facilities, foster care facilities, and emergency services • Conventional RS -3 subdivision projects - 80' min. lot width, typically yield an actual density of 2.0 — 2.5 units per acre (38-48 lots for subject site). • Greater density possible through a PD — Public Hearing Process required RS -6 Zoning • RS -6 (Residential Single Family, up to 6 units per acre) allows for single family development and various conditional uses allowed in RS -3, also allows possibility of other conditional uses such as libraries • Conventional RS -6 subdivision projects - 70' min. lot width, typically yield an actual density of 2.5 — 3.2 units per acre (48-65 lots for subject site). • Greater density possible through a PD or through a small lot subdivision — Public Hearing Process required for PD 390- 3 Sfoneridge,LLC +/_19.24' Acres. RS -3. to .RS -6 8/13/2019 10.A.1. Proposed Zoning Map v RS Mfg 1 65n-Street— RSA: m • -6 •. car sp n •w RS -6 ®17 -PD Stoneridge, LLC +1-19.24 Acres RS -3 to RS -6 =65"Street- ti{ � �-�\ RS -6 \� 'F \R`5� RS -6 .`1 RM -4 s.cnamxruac�e -1 Criteria Analyzed • Concurrency • Consistency with the Comprehensive Plan • Consistency with County Land Development Regulations • Environmental impact • Compatibility with surrounding uses 8/13/2019 10.A.1. Concurrency Check for sufficient capacity for certain facilities • Transportation • Water • Wastewater • Solid Waste • Stormwater Management A detailed concurrency review will be done at the time of project development Consistency with the Comprehensive Plan Future Land Use Policies 1.11, 1.12, & 2.2 • Within USA (Urban Service Area) • Consistent with allowed L-2 Land Use Designation of up to6unitsperacre 3q0 6 8/13/2019 10.A.1. Consistency with County Land Development Regulations Rezoning request is consistent with all applicable sections of the County Land Development Regulations (LDRs), including Section 902.12(3) standards of review. Environmental Impacts • Impact is the same for current and proposed zoning • Properties formerly contained citrus groves, currently contain two vacant single-family homes, and are no longer in their natural state No Adverse Environmental Impacts From Rezoning Sao 8/13/2019 10.A.1. • North: RS -3, Separated by 65th St, and a Canal (80 ft. ROW), existing SF homes, no incompatibilities • West: RS -6, North Carolina Colony Subdivision (50' + wide lots), existing SF homes, no incompatibilities • South: RM -4, Separated by a Canal, Bent Pine Golf Course, no incompatibilities • East: RS -6, Owned by Applicant, Borders G-3 Canal, Vacant, no incompatibilities b or -.Street• RS -6 RS4 ,ti �;vrw,,, RS -3 PD Stoneridge, LLC +/-19.24 Acres RS -3 to RS -6 45'- ,S:ree1— RS=6 ,, \, RSL6\\‘'•. \ �r `�\` RM -4 PD Conclusion Requested RS -6 is: • Compatible with surrounding uses • Consistent with the comprehensive plan • Meets Concurrency test • Meets Criteria to be Rezoned • No additional environmental impacts • Staff supports request J°10 ' 8 8/13/2019 10.A.1. Recommendation Staff and PZC recommend that the BCC approve the rezoning request from RS -3 to RS -6 by adopting the ordinance attached to the agenda item 70/1.3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Roland M. DeBlois, AICP; Interim Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: August 2, 2019 SUBJECT: Florida Power & Light Company's Request for Major Site Plan and Special Exception Use Approval for a Private Heavy Utility (Orange Blossom Solar Energy Center) [SP - SE -19-06-17 / 2019020003-84142] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 13, 2019. DESCRIPTION & CONDITIONS Culpepper & Terpening, Inc., on behalf of Florida Power & Light Company (FPL), has submitted an application for major site plan and special exception use approval to construct a private heavy utility (Orange Blossom Solar Energy Center). The subject site is approximately 607 acres in size and is located at the northeast corner of Oslo Road (9th Street SW) and 122 Avenue SW (see attachment 2). The site is zoned A-2, Agricultural -2 (up to 1 unit per 10 acres), a zoning district in which special exception use approval is required for private heavy utilities (including solar energy centers). The proposed solar energy center will consist of approximately 476 acres of solar arrays, stabilized access pathways, and an on-site electrical substation. The remainder of the site (i.e. the northern ±131 acres) is not proposed for development at this time (see attachment 5), and any future use will be subject to A-2 zoning district regulations. It should be noted that the proposed project includes an on-site electrical substation. An electrical substation as a stand-alone use in the A-2 zoning district would be classified as a private limited utility, and would require administrative permit use approval by the Planning & Zoning Commission (PZC), but would not require approval by the Board of County Commissioners (BCC). The proposed solar energy center, which includes the on-site substation as an accessory use/improvement, must be reviewed through the special exception use approval process, and that process requires public hearings by the PZC and the BCC. If the subject solar energy center project is approved, then the on-site substation will also be approved as an accessory use/improvement. The BCC now needs to consider the special exception use request for the proposed private heavy utility (solar energy center), conduct a public hearing, and approve, approve with conditions, or deny the request. Pursuant to Section 971.05 of the LDRs, the BCC is to consider the appropriateness of the requested use for the subject site and compatibility of the use with the surrounding area. The BCC may recommend reasonable conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. 391 Planning and Zoning Commission (PZC) Recommendation: At its meeting of July 11, 2019, the PZC voted 5-0 to recommend that the BCC grant major site plan and special exception use approval with the conditions recommended by staff (see attachment 1). ANALYSIS 1. Size of Development: (476.36 acres Note: The overall site size is 606.75 acres, and the area of development (fenced area) is 476.36 acres. 2. Zoning Classification: A-2, Agricultural -2 (up to 1 unit per 10 acres) 3. Land Use Designation: AG -2, Agricultural -2 (up to 1 unit per 10 acres) 4. Impervious Area: Proposed: 906,633 square feet or 20.81 acres 5. Open Space: Required: 80% Proposed: 97% Note: The solar arrays are post -mounted above the existing grade (i.e. the existing ground level), which will remain unaltered underneath the arrays. The open ground underneath the arrays is considered open space. 6. Traffic Circulation: The project site is split into two equal halves by the north/south St. Johns Improvement District (SJID) pump ditch #3, and that ditch will remain in place (see attachment 5). Therefore, access to the eastern half of the project site will be provided via an existing driveway connection to Oslo Road immediately east of pump ditch #3, and access to the western half will be provided via an existing driveway connection immediately west of pump ditch #3. The proposed site layout includes a modified grid network of 12' to 20' wide stabilized access pathways to allow maintenance vehicles access throughout the site. In accordance with County LDRs, the applicant has submitted a project traffic study which has been reviewed and approved by Public Works. Based on that study, the approved construction route is 122nd Avenue, from SR 60 to the project site. Oslo Road is not approved for construction traffic, and any request to utilize Oslo Road for construction traffic requires a separate approval from Public Works and SJID staff. Based on the project location and the status/ownership of the adjacent rights-of-way, right-of-way dedications are not required for the subject project. None of the adjacent rights-of-way are owned or maintained by the County. The project's driveway locations, design, and internal circulation plan have been reviewed and approved by Traffic Engineering and Fire Prevention. 7. Off -Street Parking: The subject site will be an unmanned, restricted access solar energy center, and will be accessed only by authorized maintenance crews on an infrequent basis. The LDRs do not require permanent off-street parking spaces for such uses. The proposed site layout provides adequate space for maintenance vehicles to maneuver and park within the site. Therefore, the project site plan provides sufficient parking area on-site. 8. Landscape Requirements: Based on the site's location, the project layout, and the type of 392 proposed improvements, the Community Development Director has agreed to reduce most of the project's landscape requirements per Section 926.05(8) of the County LDRs. However, the project is required to provide a total of 10 drought -tolerant canopy trees along the east and south perimeters of the on-site substation. The project's landscape plan shows the required landscape improvements, and those landscape improvements shall be installed prior to the issuance of a project certificate of occupancy (C.O.). 9. Stormwater Management: The applicant submitted a preliminary stormwater management plan that has been reviewed and approved by Public Works. That plan proposes to utilize the existing grove furrows/ditches to convey and treat the minimal amount of stormwater runoff that will be generated by the project. Prior to site plan release, the applicant must obtain a County Type "B" Stormwater Permit pursuant to Chapter 930 of the County LDRs. 10. Utilities: The project will be an unmanned facility, and does not include any proposed restroom facilities at this time. However, the applicant has indicated that there may be a need for future restroom facilities for maintenance crews. Therefore, no well or septic permits are required or proposed at this time, and any future restroom facilities would require well and septic permits from the Department of Health and a minor staff -level amendment to the site plan. The County Department of Utility Services and the Department of Health have reviewed and approved the proposed site plan. 11. Extended Roadway Grid Network: Per Policy 3.8 of the Transportation Element of the County Comprehensive Plan, the County must consider protection of the extended roadway grid network during the site plan review and approval process. The applicant has provided an extended roadway grid network exhibit showing all potential extended roads that may cross the site at some time in the future (1St Street SW, 5th Street SW, 9th Street SW/Oslo Road, 114th Avenue, and 122nd Avenue). Please see attachment #3. The provided exhibit shows an alternate corridor alignment for one potential extended road location (5th Street SW). That alternate alignment corresponds with the proposed on-site stabilized access paths, and is clear of proposed solar panel arrays. Staff has reviewed the proposed alternate corridor alignment and has confirmed that the alignment provides adequate protection for the extended roadway grid network, as shown on the project site plan. 12. Specific Land Use Criteria: Pursuant to LDR section 971.44(2), the following criteria for private heavy utilities apply to this project: 1. Per Chapter 901, the definition of utilities, public and private — heavy includes "all major electrical generation plants (generating fifty (50) megawatts or more), major sewage treatment and disposal facilities, and major water purification plants; " Note: The proposed use (Orange Blossom Solar Energy Center) will generate 74.5 megawatts of power and meets the definition of a private heavy utility. 2. Any power generation facility shall be consistent with the provisions of the Florida Electrical Power Plan Citing Act, Chapter 23, Section 23.09191 F.S.; Note: The proposed solar energy center will have a maximum gross capacity of 74.5 megawatts which is Less than the 75 megawatt threshold. The proposed 393 facility is therefore exempt from the Florida Electrical Power Plant Siting Act. 3. All below -ground high voltage cables within a utility right-of-way shall be made known to the public through the use of signs posted therein; Note: There are no proposed below -ground high voltage cables within a utility right-of-way. Therefore, the above referenced signage criteria do not apply to the subject project. It should be noted that "high voltage" warning signs will be provided in English and Spanish along the perimeter security fence of the on-site substation compound. 4. The disposal of all waste, gaseous, liquid or solid, shall comply with all federal, state and local laws; Note: It is anticipated that no hazardous or toxic waste will be generated by the proposed project. The applicant has acknowledged that if there is any disposal of waste, gaseous, liquid, or solid, such disposal will comply with all federal, state, and local laws. 5. Between all above -ground facilities, (except distribution and collection facilities) and adjacent properties having a residential land use designation, a Type 'A "buffer (reduce to "B" buffer where abutting a local roadway, reduce to "C" buffer where abutting a Thoroughfare Plan roadway) (with six-foot opaque screening) as specified in Chapter 926, Landscaping shall be provided; Note: All of the adjacent properties have an AG -2, Agricultural -2 (up to 1 unit per 10 acres) agricultural land use designation, and no adjacent property has a residential land use designation. Therefore, the above referenced landscape buffer requirements do not apply to the subject project. 6. In all zoning districts except the industrial districts, all equipment, machinery, and facilities which cannot, by their size or nature, be located within an enclosed building shall be separated from adjacent properties having a residential land use designation by a Type "C" buffer (with six-foot opaque screening) as specified in Chapter 926, Landscaping; Note: As described in item 5 above, all of the adjacent properties have an AG - 2, Agricultural -2 (up to 1 unit per 10 acres) agricultural land use designation, not a residential land use designation. Therefore, the above referenced landscape buffer requirements do not apply to the subject project. 7. Driveways located in close proximity to adjacent properties having a residential land use designation shall provide a six-foot opaque screening between the driveway and adjacent property. An eight foot opaque screen may be required if deemed necessary to mitigate noise and visual impacts. Note: As described in item 5 above, all of the adjacent properties have an AG -2, Agricultural -2 (up to 1 unit per 10 acres) agricultural land use 394 designation, not a residential land use designation. Therefore, the above referenced driveway screening requirements do not apply to the subject project. 13. Surrounding Land Use and Zoning: North: SJID Canal, Citrus Groves / A-2 East: SJID Canal, 114th Avenue SW, Citrus Groves / A-2 South: Oslo Road, SJID Canal, Citrus Groves / A-2 West: SJID Canal, 122nd Avenue SW, Citrus Groves / A-2 All conditions recommended by staff have been accepted by the applicant. RECOMMENDATION Staff recommends that the BCC grant major site plan and special exception use approval for a private heavy utility facility (solar energy center) to be known as FPL Orange Blossom Solar Energy Center with the following conditions: 1. Prior to issuance of a project certificate of occupancy (C.O.), the applicant shall install all required landscape improvements as shown on the approved project landscape plan. 2. Oslo Road is not approved for construction traffic, and any request to utilize Oslo Road for construction traffic requires a separate approval from Public Works and SJID staff. ATTACHMENTS 1. Excerpt from Draft July 11, 2019 PZC Minutes 2. Location Map 3. Extended Roadway Grid Network Exhibit 4. Aerial 5. Site Plan 395 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, July 12, 2019 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircgov.com/Boards/PZC/2019. Present were members: Vice Chairman Dr. Jonathan Day, District 4 Appointee; Mr. Patrick Grail, District 1 Appointee; Mr. Alan Polackwich Sr., District 2 Appointee; Mr. Chip Landers, District 3 Appointee; and Mr. Jordan Stewart, Member -at -Large. Chairman Todd Brognano, Member -at -Large; Ms. Angela Waldrop, District 5 Appointee; and, Ms. Teri Barenborg, non-voting School Board Liaison, were absent. Also, present were IRC staff: Mr. Bill DeBraal, Deputy County Attorney; Mr. Roland DeBlois, Interim Community Development Director; Mr. Ryan Sweeney, Senior Planner of Current Development; and Ms. Lisa Carlson, Recording Secretary. Call to Order and Pledge of Allegiance Vice Chairman Dr. Jonathan Day called the meeting to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda There were none Approval of Minutes ON MOTION BY Mr. Chip Landers, SECONDED BY Mr. Jordan Stewart, the. members voted unanimously (5-0) to approve the minutes of the June 27, 2019 meeting as presented. Public Hearing Vice Chairman Dr. Jonathan Day read the following into the record h. FPL Orange Blossom Solar Energy Center: Request for major site plan and special exception use approval for a private heavy utility 396 (Orange Blossom Solar Energy Center). Located at the northeast corner of Oslo Road (9th Street SW) and 122nd Avenue SW. Florida Power & Light Company (FPL), Owner. Culpepper & Terpening, Inc., !Agent. Zoning: A-2 (Agricultural 2 up to one unit per ten acres). Land Use Designation: AG -2 (Agricultural 2 up to one unit per ten acres)] [(SP -SE -19-06-17 / 2019020003-84142) [Quasi -Judicial] /ice Chairman Dr. Jonathan Day asked the Commissioners to reveal an rex-parte communication with the applicant or any conflict that would not allow', them to make an unbiased decision. Mr. Alan Polackwich disclosed that in the, 1980's, his family entered into litigation with FPL and that the issue was resolved after several years. The other members stated that they had not had anyex! parte communication! The secretary administered the testimonial oath to those present who', wished to speak at tonight's meeting on this matter., Mr. Ryan Sweeney, Senior Planner of Current Development, reviewed information regarding the request for major site plan and special exception use approval and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission recommend that the BCC grant special exception approval for the proposed Orange Blossom Solar Energy Center with the conditions stated in the staff report and proceeded to answer questions from the Commissioners. ,Vice Chairman Dr. Jonathan Day opened the public hearing] Mr. Bart Gaetjens, FPL Area External Affairs Manager, provided update on the two existing solar energy centers in Indian River county) Ms. Melanie Roger, FPL Project Manager, clarified details of the proposed project and gave a PowerPoint presentation, copies of which are on file in the BCC Officef `The secretary administered the testimonial oath to Ms. Sunanda Behara) FPL Business Management Director. Ms. Behara responded to questions from he Commissioners regarding the Florida Power Plant Siting Act, which is the state's process for licensing power plants that generate at least seventy-five !megawatts of power. She explained that as this project will generate 74.5' megawatts of power, it does not meet the criteria of the Power Plant Siting Act, making the licensing and construction process much faster, less expensive and more manageable in general. 397 ON MOTION BY Mr. Jordan Stewart, SECONDED BY The secretary administered the testimonial oath to Mr. Scott Goorland,! FPL Senior Attorney. Mr. Goorland expounded on Ms. Behara's explanation of the Florida Power Plant Siting Act. Vice Chairman Dr. Jonathan Day closed the public hearing 1 Mr. Patrick Grail, the members voted unanimously (5-0) to accept staff recommendations on this' Quasi -Judicial matter Commissioner's Matters There were none. Planning Matters Mr. Roland DeBlois, Interim Community Development Director, updated the Commissioners regarding recent cases that they recommended that the BCC approve He stated that it was unlikely that there would be a meeting on July 25th but expected there to be one on August 8th. He proceeded to answer questions from the Commissioners regarding the climate change topic from the Planning Information Package. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 7:32 p.m. 398 0) 0) M Street SW (Oslo Road) All surrounding properties zoned A-2 CV Subject Site Zoned A-2 _ . ANS anmAV pullT 0) 0) M P:\Prof-2018\18-060 FPL - Campbe// Groves (Indian River County) + 580 acres - ALTA 5urvey\Eng\18-060 Exhibit.dwg 6/28/2019 5.04:58 PM TN. ,r1ST STREET SW 500 1000 FEET PROPOSED ROADWAY GRID NETWORK ALIGNMENT 9TH STREET SW (OSLO ROAD) 5TH STREET SW EXISTING EXTENDED ROADWAY GRID NETWORK AUGNMENT L _ . SHEET 1 OF_ 1 CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVENUE • STUART, FLORIDA 34994 PHONE 772-464-3537• FAX 772-464-9497 • www.ct-eng.cnm STATE OF FLORIDA CERTIFICATION No. LB 4286 EXTENDED ROADWAY GRID NETWORK EXHIBIT INDIAN RIVER COUNTY JOB NO: 18-060 SCALE: 1'-1000' DRAWN BY: RNIUBO DATE 6/28/ti Attachment 3 6 as eN _ _" .— , - - ( A93i60 N.9S,1CO3 - anNaAY : 4I :— _ }I. n—;r+i'. 4 el ` , ,.1{ y ¢ A C L ---$i'• } ^1,- os... .., ....ep i+="t.' ZONINCt 1-2 IMO U 11-2 f 0SV *1*2 .i 11'7 —HIE �� j G.z @� it as» nem mai-or F101ani !111III aim 6„ I 1 _ _" .— , - - ( A93i60 N.9S,1CO3 - anNaAY : 4I :— _ }I. n—;r+i'. 4 el ` , ,.1{ y ¢ A C L ---$i'• } ^1,- os... .., ....ep i+="t.' t - S : a+1 :..—.. i . - -- - -- - i r+s.r --. sem.-.. --.-..."..-..J.,-�y -r www. w _if,'" a yyi CC� P9 a an P 1 CC ii d 0 sew wn b iu os. sav Js 2 w s.rw+rs 200 Ma rr. - ..or ass I'xm 2.21.2.0 w ..wa - w mo+Noet.Mu Attachment 4 ZONING, A-2 LAND USE: AG -2 7 1 tz IE .............. z' • •As ArrE3Ar GE4221 I ':2211 GAM 77:1g g p E- •te 6! o 0 N 3.2 ASS antanv 11,Lti T •-• r- '41.0 •••5? c (n) G9966A 42.ECOS 7; ASS al-1212AV 01.1221 b 23 5 °U b b I Et t g b b a a El v 0 a 00 0.0 {Ktyp,, .neid 1,11,4 wise ppg r 11,41, Attachmei 5 8/13/2019 10.A.2. FPL Orange Blossom Solar Energy Center Major Site Plan & Special Exception Use Board of County Commissioners August 13, 2019 Special Exception Process ➢ Special Exception Use — Appropriateness and compatibility of the requested use - General criteria for special exception uses — Specific Land Use criteria [971.44(2)] - Two public hearings (1 PZC & 1 BCC) ➢ The BCC is to: — Approve request — Approve request with conditions — Deny request 2 8/13/2019 10.A.2. Location Map Spbjed :Site Zoned A 2 9ib Street SW (Oslo Road) All surrounding properties zoned A-2 4 8/13/2019 10.A.2. Overall :Site :Plan p9TtQ. wxu 0 . •- !RYY/Uric-•Y rtv ..002:10 to n9 b 0.R. i ._. 0".) •f _' • , _5._J • 122,. Avenue SW,: y j� / 2 ipp . t1 .�$��}�� 'Pei ^iq=t i`,}Yl i n,+1 I i> A N i� i qui r1���. � 10.9. ;Y1 �3� p7 d .>'i aHs' 1, i; e'r 'b n A 1 3 • - . 1; �'''i 'ski-''' dao { '-`$a, Ej'~ j��*OS g `' pf{ > ''S i"�T.......71...00'.......04 arty ...f7i�'.# P i stttv . ..vx.... a�erM�M. I l IpAter x'vgrtmq ii • E" ....t S e t } ' Mtt oMim � b E .. ~ i T!Mr UiU STREET "0 (OSLO Ha9D) ""S9's Street SW " CF: ' :._ t (Oslo Road) ; uR ' ' _� ! _" .. .. . . .. F : .. .. ‘9.3ww,11.1. .. E'...6.. Project Construction Route Stabilized access pathway (typical) Existing driveway connections to Oslo Road (east and west) PROPOSE -230KV.. PROPOSED PROJECT SIGN CONSTRUCTION ENTRANCE PROPOSED PROJECT MONUI PROPOSED CONSTRUCTION EP SJID PUMP NP#3 8/13/2019 10.A.2. Landscape Plan 9th Street SW (Oslo Road) 9 PZC Recommendation ➢ At its meeting of July 11, 2019, the PZC voted 5-0 to recommend that the BCC grant major site plan and special exception use approval with the conditions recommended by staff. 10 :Staff 'Recommendation That .BCC grant major site ,plan and special exception. approval for the proposed FPL Orange Blossom Solar Energy Center with conditions stated in the staff report, related to: Landscape improvements Project construction route /d f 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: Nicole Knowles ADDRESS: 2016 2" Street, Vero Beach, Fl 32962 PHONE: 772-999-0155 SUBJECT MATTER FOR DISCUSSION: Demolition Lien on Property located at 4855 34t' Avenue IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? YES YES NO NO Reduction or Removal of Demolition Lien $3,003.68 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: Document2 403 td6 2, 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: 835 29th Court Vero Beach FL 32960 Gina Kempf Tunnel to Towers PHONE:. 772-925-5210 SUBJECT MATTER FOR DISCUSSION: Tunnel to Towers 5k Invitation to the community and Board Members IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? YES YES x x NO NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? NONE YES x NO Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E: Brown MEETING DATE: F:\County Admin \ExecAsst\AGENDA\Public Discussion Items Form.doc 404 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION //0 3 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: Nancy Kelly ADDRESS: 1015 40th Avenue, Vero Beach FL 32960 PHONE: 772-559-3271 SUBJECT MATTER FOR DISCUSSION: Rename the Main Library "The Mary Denham Snyder Library" IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU Rename the Libra REQUESTING OF THE COMMISSION? library YES YES X X NO NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES X NO Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: F:\County Admin \ExecAsst\AGENDA \Public Discussion Items Form.doc 405 • MIMS a O Mill isslemml 0 �.co p e s.▪ 30 AcT- I Pp& --= g 11Q1 ; - i..-.s 4 ;? Y'� 11 a 1` 7~4th LBt 40i41 P-4.1 � .y t •' 3 5 .i'1.g v 2 •• .»� ;S V gS4A..04.0 • ! 1441 41 h fi i7 9C '� a r SS� F ti v y 'rAbie* 17t'4 4A 4,11 4 y ,,,, T' t, WI 3. td+4413 la. C. n -?y .'�` :1a ti x7',4 HEM 31 ::A7.1Nh it 'ARV 1C'4 !38 IN THE SERVICE OF OTHERS THE INDIAN RIVER COUNTY LIBRARY SYSTEM BY ANN TAYLOR More than 30,000 people use the library every month - for free. When Mary Snyder was hired by the private, not-for- profit Indian River County Library Association 20 years ago things were very different. Not only was the building itself,• then located on 20th Place, much smaller, it offered very limited services. Space was tight. Shelves were bulging with books while requests for additional resources and reference materials kept coming in. It became obvious that a larger facility would have to be built in order to meet the demands of a growing community. Snyder, the Library Services direc- tor at the Main Library now on 21st Street, sometimes has to pinch her- self to believe all of the changes she's seen. Take the physical structure, for instance. "In September 1986 a bond issue was passed to build two new libraries, and the county took over library operations the following month," Snyder says. "We went from a 9,500 - square -foot facility to the 39,666 - square -foot building that opened in February 1991." Construction dust was also flying on Sebastian Boulevard as a second library began taking shape. Like Sny- der, Lynn Walsh, director at the North County Library, has lived through the growing pains. "I've been here since the start in 1983. We were down on Main Street until 1990 when we moved to this wonderful place," says an apprecia- tive Walsh. "We consider ourselves very fortunate." So do library patrons, who now have an impressive variety of resources at their fingertips. The Indian River County Main Library houses a collection of more than 270,000 items, including books, magazines, newspapers, microfilm, CDs, books on tape, DVDs, video- tapes and more. The North County Library has more than 100,000 items. Then there are the computers. Along with Internet access, many are equipped with special research soft- ware. "The Internet was first offered to the public in June 1998. That year 25,378 patrons used the computers. Now we're up to more than 64,000," says Snyder who anticipates the num- bers growing as more and more peo- ple move into the area. Getting a library card is a snap And it's free. With the proper identi fication any resident or propert' owner in the county can have one Even children can have their own if : parent or guardian signs the applica tion form. At last count, over 30,000 people monthtook advantage of what th Indian River County Library systei has to offer. There's literally some thing for everyone. .The children department at the Main Library is delight. Not only is there an abui dance of books, videos, books c tape, DVD's and CD's for infants through sixth graders, there are al Internet computers with a centi printer. Two distinct areas for younger a: older children come complete wi furniture just their size. Then ther the "story time pit," a very popu place. To top it off, when there are special programs going on, the lit ones can simply stretch out on a : turtle or starfish pillow and read 405-2- 10 IS, Signatures Name Location Date Nancy Kelly Vero Beach, FL 2019-07-25 Bob Newland Chicago, US 2019-07-25 Annemarie Rossmell Vero Beach, FL 2019-07-25 Joel Rossmell Vero Beach, US 2019-07-25 James Kelly Vero Beach, FL 2019-07-26 Jane Snead Vero beach, US 2019-07-26 Richard Colston Vero Beach, US 2019-07-26 Sara Ciccarelli Port Saint Lucie, US 2019-07-26 Terri Hinzman Vero Beach, FL 2019-07-26 Judi Clancy Vero Beach, FL 2019-07-26 Pam Mitchell Vero Beach, FL 2019-07-26 Dannielle FleemAn . Vero Beach, US 2019-07-26 Ann Schrum Vero Beach, US 2019-07-26 Kaitlin Turner Orlando, US 2019-07-26 Samantha Crawford Vero Beach, FL 2019-07-26 Jeanne Talbot US 2019-07-26 Sean Martin Spring, TX 2019-07-26 Katherine Paul Corvallis, US 2019-07-26 Pamela Cooper • Vero Beach, FL 2019-07-26 Joseph Mitchell Murrieta, US 2019-07-26 Name Theresa Wodtke Suzanne Feeney Christina Sherburne Brianna Martin Brittny Schlitt Lisa Hearndon Brenda Miller Lisa LaPorte Mark Wahl Brittany Beland Anonymous Anonymous Daniel Kressler Lois Kalafarski Beverly Ehlebracht Mary Ingerson Todd Ritz John Stepanek Anne Antony Holly Perez Kelly Hamilton Stacy Kartner Myrna Renkert Location Vero Beach, US Vero Beach, FL Fairfax Station, US Gainesville, US Vero Beach, US Vero Beach, FL Vero Beach, FL Vero Beach, US Vero Beach, US Port Saint Lucie, FL Georgia Vero Beach, US VERO Beach, US Colorado springs, CO Vero Beach, US Chicago, US Vero Beach, US Valparaiso, US Vero Beach, FL Vero Beach, FL Port Saint Lucie, US Vero Beach, FL Date 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019.07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 46 -q- Name Elaine Schultz Karl Brubaker Zachary Thomas Tammy Sharp Lewana Dupree Dena Loughlin Beverly Conner Jean Estes Robert Martin Lora Cooney Kathryn Edwards Sarah Peck Jeff Kiser Scott King Doy Demsick Brenda Lloyd Ellen Sobczak Peggy Lyon Lisa Lovelace Mona Webb Angel Casterline Brian O'Connor Location Port Saint Lucie, US Vero Beach, US Sunrise, FL Vero Beach, US Vero Beach, US Jacksonville, US West point, US Vero Beach, US Port Saint Lucie, FL Vero Beach, US Vero Beach, FL Amherst, US Milford, US Sebastian, US Stafford, US Vero Beach, US • Vero Beach, FL Vero Beach, US Port st lucie, FL Palm Bay, FL Peachtree City, GA Port Saint Lucie, US Date 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 4-6 -4 Name Ronald Lockwood Justine Perry Joshua Perez Krista Irizarry Michelle Pallet Eleanor Erdogan joy eakin Vincent I Casserly Doug Latford cj Madigan candida Thornton joe likes Anthony Rieder Robert Richardson IINDA Bakke Alec Bartlett Lucille Angelo Artie Regan jaimee Eldridge Linda Podgorski Scott Kelly Kathy Bartoszewicz Location Sebastian, US Port Saint Lucie, FL Fellsmere, US Naples, US Vero beach, FL Melbourne me, FL Vero Beach, US Sebastian, US Melbourne Beach, FL Vero Beach, US Vero Beach, FL Jensen Beach, FL Sound Beach, US Sebastian, FL Chickamauga, US Winter Springs, US Webster, US New York, US Browns Mills, NJ Metamora, US Vero Beach, US Vero Beach, US Date 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019-07-26 2019=.07-26 4D5 -5 Name Location Date Lisa Vogel Deer Park, NY 2019-07-26 MIchelle Metcalf . Stuart, FL 2019-07-26 Ellen Rosenthal US 2019-07-26 Laura Kelley Vero Beach, US 2019-07-26 Debra Welby Metamora, MI 2019-07-26 Wendy Farrell Davisburg, MI 2019-07-26 Jacki von Sydow Oceanside, US 2019-07-26 Elyse Mueller Islip, NY 2019-07-26 Tina Fore Sebastian, US 2019-07-26 Carol King Punta Gorda, FL 2019-07-26 April Humphrey Mililani, US 2019-07-26 Jodi Sheffield Nashville, TN 2019-07-26 Brittany Marshall Sebastian, FL 2019-07-26 Brian Sanetti Psl, US 2019-07-26 Holly Palmer Newport News, US 2019-07-26 Jennifer Dropsey New Palestine, IN 2019-07-26 Sarah Lemley Chicago, US 2019-07-26 Kristie Barnes Vero Beach, FL 2019-07-26 Jay Couture DeLand, US 2019-07-26 Jason Cardoso Hollywood, US 2019-07-26 Chris George Rolesville, US 2019-07-26 Carrie Cousino Vero Beach, US 2019-07-26 Name Location Date Diane Tyler Vero Beach, FL 2019-07-26 Patricia Carlsen Vero Beach, US 2019-07-26 diane lopez deltona, FL 2019-07-26 Amy Caldwell Port Saint Lucie, US 2019-07-26 Mandy Lemley St John, U.S. Virgin Islands 2019-07-26 Carolyn Nunes St. John, US 2019-07-26 Kaileigh Sturtevant Winter Garden, US 2019-07-26 Thomas Swiney Palm Bay, US 2019-07-26 ' John Schneider Levittown, US 2019-07-26 Jennifer Gardella Vero Beach, US 2019-07-26 Cathie Keller Sebastian, US 2019-07-26 Nancy Groth West New York, NJ 2019-07-26 Deborah Lundmark Clermont, FL . 2019-07-26 Randy Whaley Vero beach, US 2019-07-26 Amy Thompson Ashland, KY 2019-07-26 Nichole Isenberg Stuart, FL 2019-07-26 steve rieder Ridge, NY 2019-07-26 Amy Welby/Abalos Saint Clair shores, US 2019-07-26 Christina Flores Jensen Beach, US 2019-07-26 Claudia Kowalec Westland, MI 2019-07-27 Heather Tyler Vero Beach, FL 2019-07-27 Bob Stehlin Ballston Spa, US 2019-07-27 46 --") Name lisa b Kyle Faison Krystala Malone Ruth Reynolds Sharlene Irwin nichole chavers Angela Astrup Nikki Durling Deborah Brown Cynthia Newcomb Angela Dawe cali linehan Deb Rose Toni Kouns Carolyn Smith Jill Strollo Melanie Byars Nancy McHenry Rachel Letu Teresa Maynard Marsha Fields Diane Palmeri Location fort pierce, FL Oldsmar, FL Fort Collins, US Vero Beach, US Sweet Grass, US Kennesaw, GA Vero Beach, US Sebastian, FL Vero Beach, FL Saint Paul, US Plantation, US San Mateo, US Vero Beach, FL Pompano Beach, US Vero Beach, FL Vero Beach, US Sebastian, US Vero Beach, FL Florida Verobeach, FL Vero Beach, FL Rochester, US Date 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 2019-07-27 Name Location Date Melissa Katsigiannis Vero Beach, US 2019-07-27 Peggy DeMarzo Vero Beach, US 2019-07-27 Lucille Waggoner Ridgefield Park, US 2019-07-27 Linda Kleback Millersville, MD 2019-07-27 Trenton Menasco Belton, US 2019-07-27 Lee Ann Cheeney Meadville, US 2019-07-27 Gina Lovetere US 2019-07-27 Deborah Clemenzi Vero Beach, US 2019-07-27 Ali Mullanack Vero Beach, FL 2019-07-27 Brittany Thacker Stilwell, US 2019-07-27 Heather Brown Vero Beach, US 2019-07-27 Catherine Woodby Vero Beach, FL 2019-07-27 Catherine Harwell Trussville, US 2019-07-27 Erik Poulsen Orlando, US 2019-07-27 Corey Coog Chandler, US 2019-07-27 Jennifer Morgan Sebastian, US 2019-07-27 Stephanie Hurst Vero Beach, US 2019-07-27 Brian Osborn Shelton, US 2019-07-27 Carole Leonard Medford, US 2019-07-28 Brandi Lawson Vero Beach, FL 2019-07-28 Jennifer McCombs Vero Beach, US 2019-07-28 Laura hurst Ortonville, MI 2019-07-28 Name Location Date Stephen Byrd Stephen Byrd Vero Beach, US 2019-07-28 Stacey Griffith Okeechobee, US . 2019-07-28 Kristi Challenor Vero Beach, FL 2019-07-28 Teresa Rizio Vero Beach, US 2019-07-28 Donna Nightingale Vero Beach, FL 2019-07-28 Jennifer Perrone Vero Beach, US 2019-07-28 William Jaffee Sebastian, US 2019-07-28 Prudence Meads Sebastian, US 2019-07-28 Victor Diaz Vero Beach, FL 2019-07-28 Lily Sekeres Madison, US 2019-07-28 Janette Sykes Lake Mary, US 2019-07-28 Jennifer Schalk Fort Lauderdale, FL 2019-07-28 Donna Fladland Austin, TX 2019-07-28 Winifred Scalley Vero Beach, US 2019-07-28 Derek Hill Palmbay, US 2019-07-28 Vincent Mcnally Vero beach, FL 2019-07-28 woody Woodhull Vero Beach, US 2019-07-28 Amy York Cookeville, US 2019-07-28 Mark Stronko Sebastian, US 2019-07-28 Michael Sims • Vero Beach, US • 2019-07-28 Ryan Casterline Atlanta, US 2019-07-28 Barbara Holliday Fort Lauderdale, US 2019-07-29 Name Location Date Kaye Summerall Vero Beach, US 2019-07-29 Lisa Hardin Jones Vero Beach, FL 2019-07-29 Cathy Daniel Vero Beach, FL 2019-07-29 Teresa StinsonKumar Melbourne, FL 2019-07-29 Mary Putzke Vero Beach, US 2019-07-29 petra dean Vero Beach, FL 2019-07-29 Christopher Zaharias Toledo, US 2019-07-29 Emily Berlo Ovid, MI 2019-07-29 Kathryn DeGroat Vero Beach, US 2019-07-30 Alex Lockwood Sebastian, US 2019-07-30 Dana Jensen Vero beach, US 2019-07-30 lakanjala jackson Vero Beach, FL. 2019-07-30 Jessica Kelly Vero Beach, US 2019-07-30 Elaine Beardsley Cape May, NJ 2019-07-30 Deborah Hall' Betty's Bay, South Africa 2019-07-30 Courtnee Keene Sebastian, FL 2019-07-30 Jessica Comes Vero Beach, FL 2019-07-30 Cheryl Hill Tampa, US 2019-07-30 Linda Thiessen Sebastian, FL 2019-07-30 Maria Sparsis Vero Beach, FL 2019-07-30 Leah Cady Vero Beach, FL 2019-07-30 Terry Green Vero Beach, US 2019-07-31 46 - Name Location Date Mary Keeton vero beach, US 2019-08-01 tim left vero beach, FL 2019-08-02 William Pritchhard Vero Beach, US 2019-08-02 Leda Granata Columbus, US 2019-08-02 Kendra Mcnatt Vero Beach, US 2019-08-02 Scott Keele Vero Beach, US 2019-08-02 Gary Mills Vero Beach, US 2019-08-03 Pat Metzger Saint Petersburg, FL 2019-08-03 Ken Dale Vero Beach, US 2019-08-03 Diane Smith Sebastian, FL 2019-08-03 Shannon Wiley Miami, US 2019-08-04 Pat Christenson Chicago, US 2019-08-04 Mary Dotsey Vero Beach, FL 2019-08-05 Jamie Tobin Palm Bay, US 2019-08-05 Annalise Anderson Sebastian, US 2019-08-06 Tevan Buck Vero Beach, US 2019-08-06 Suzanne Christchurch Vero Beach, US 2019-08-06 Nancy Carl Vero Beach, US 2019-08-06 Carol Paris Fort Pierce, FL 2019-08-10 Fran Alibrio-Curran N. Attleboro, MA 2019-08-11 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: August 2, 2019 SUBJECT: 2020 Preliminary State Legislative List of Concerns Background: The Florida Association of Counties Policy Conference is scheduled to take place between September 25 and September 27, 2019. The referenced conference is an opportunity to present and discuss policy issuesrelated to local governments. It is also an opportunity to discuss legislative proposals which are designed to address policy issues of concern. As such, it is important for the Indian River County Board of County Commissioners to have a unified voice at the referenced conference to promote the issues that matter most to Indian River County. Recommendation: The County Administrator recommends that the Board discuss and adopt a 2020 preliminary legislative list of concerns. Attached: 2020 Preliminary State Legislative List of Concerns 406 Indian River County's Preliminary Legislative List 2020 State Legislative Session Finance, Tax, and Administration - Legislation Relating to Vacation Rentals • Indian River County BCC OPPOSES policies that would preempt a local government's ability to have local ordinances related to vacation rentals. Legislation Relating to Affordable Housing Program • Indian River County BCC SUPPORTS retaining the full amount of dedicated documentary tax revenues to fund state and local affordable housing programs. - Legislation Relating to the Tourist Development Tax • Indian River County BCC OPPOSES policies that mandate tourist development funds be diverted away from local communities, or impair the County's use of the funds for local tourist development. Growth Management, Agriculture, Transportation & Environment Legislation Relating to Biosolids • Option (1) Indian River County BCC SUPPORTS policies that provide for the land application of Class B biosolids in the State of Florida in a manner that ensures adequate protection of our water resources. • . Option (2) Indian River County BCC SUPPORTS policies that ban the land application of Class B biosolids within the following watersheds that impact the St. Johns River: the Upper Basin, the Middle Basin, and the Lower Basin. Legislation Relating to the 2020 Recycling Mandate • Indian River County BCC SUPPORTS policies that would modify the 75% Recycling Goal by 2020 such that the program (1) continues based on efficiency rather than weight and, (2) does not negatively impact local governments and, (3) recognizes the current economic realities of recycling. - Legislation Relating to Contamination • Indian River County BCC OPPOSES policies that would require local governments to address the contamination of recyclable material in contracts with residential recycling collectors if the collectors are not processing the recovered materials on behalf of the local government. Legislation Relating to Funding Projects to Reduce Pollution in the Indian River Lagoon • Indian River County BCC SUPPORTS a grant program to be administered through the Department of Environmental Protection to assist local governments in their efforts to 407 address septic system and stormwater pollution in the Indian River Lagoon, and ensure that our coastal communities have a resilient water supply. - Legislation Relating to Fracking • Indian River County BCC OPPOSES state preemption of fracking activities; OPPOSES policies that create a public records exemption for proprietary information provided by drilling companies to the Florida Department of Environmental Protection through its online chemical disclosure registry; and SUPPORTS the ability of local governments to adopt local moratoriums on all new well stimulation activities, including hydraulic fracturing and acidization. - Legislation Relating to High -Speed Passenger Trains • Indian River County BCC OPPOSES any state, federal or local funding for private passenger rail projects proposing to traverse through its jurisdiction including, but not limited to, All Aboard Florida (aka Brightline/Virgin Trains); SUPPORTS legislative and executive branch advocacy efforts to regulate passenger rail in order to protect the State of Florida's citizens, local governments, wildlife, waterways, and natural environment; and OPPOSES any effort to shift the cost burden of operating and maintaining passenger rail onto local governments or the State. - Legislation Relating to Customary Use • (Option 1) Indian River County BCC SUPPORTS policies to repeal Section 163.035, Florida Statutes, • (Option 2) Indian River County BCC SUPPORTS policies to modify Section 163.035, Florida Statutes, such that the judicial review process under subsection 3(b) is repealed. Health and Safety - Legislation Relating to Assisted Living Facilities and Nursing Homes dian River County BCC SUPPORTS policies that (1) clarify emergency planning for assisted living facilities and nursing homes, and (2) provide penalties for those assisted living facilities and nursing homes that do not comply with the emergency planning requirements. - Legislation Relating to the Funding and Reimbursements Associated with Hurricane Shelters dian River County BCC SUPPORTS (1) policies that require school boards to fund hurricane shelters and seek reimbursements from the Federal Emergency Management Agency, and (2) policies that assist in tracking how the funds are spent and reimbursed. 408 BOARD OF COUNTY COMMISSIONERS Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney OFFICE OF COUNTY ATTORNEY VIA HAND DELIVERY July 19, 2012 Honorable Deborah J. Mayfield, Representative 1053 20th Place Vero Beach, Florida 32960-5359 Dear Debbie, I look forward to our meeting next Tuesday. Here is a summary of the issue I would like to discuss. The Issue The ultimate issue is who should decide which local government provides utility services in the unin- corporated areas of a county. The choices are: (1) the Board of County Commissioners, which is elected by all voters in the county, including those residing in the unincorporated areas, or (2) the city councils of municipalities located in the county, which are not elected by the residents of the unincorporated areas, and otherwise have no jurisdiction over the unincorporated areas. The answer should be simple: the Board of County Commissioners, which is directly accountable to the residents of the unincorporated areas, should make the decision. However, utilizing broad language in Florida statutes enacted in 1935 and 1955, local city councils are asserting the right to make the decision under many circumstances. Indian River County is asking that these laws be updated to clarify that the Board of County Commissioners will decide these matters. It should be noted that Indian River County does not agree with the interpretation given these statutes by local municipalities. However, the fact that municipalities are asserting the interpretations underscores the potential problems that can arise from the broad language, and the need for clarification. The statutes will be discussed in this memo as interpreted by the municipalities. 1801 27th Street, Vero Beach, Florida 32960-3365• (772) 226-1424• Fax (772) 569-4317 Hon. Deborah J. Mayfield, Representative July 19, 2012 Page Two Background In 1935, the Florida Legislature enacted chapter 180, Florida Statutes, which is entitled "Municipal Public Works." At that time, over 75 years ago, the population of the state was concentrated in municipalities, and municipalities provided most utility services. The unincorporated areas tended to be more sparsely populated, and few counties provided utility services. Against that background, § 180.02(2) was enacted which authorized municipalities to "extend and execute all of its corporate powers applicable for the purposes of this chapter outside of its corporate limits, as hereinafter provided and as may be desirable or necessary for the promotion of the public health, safety and welfare or for the accomplishment of the purposes of this chapter; provided, however, that said corporate powers shall not extend or apply within the corporate limits of another municipality." (e.s.) Section 180.02(2) has not been changed since 1935. When enacted, the section served the laudable purpose of authorizing municipalities to provide utility services to residents in the unincorporated areas who might not otherwise have access to such services. But, as will be seen below, local municipalities are now using this general language to assert extensive control over utility services in the unincorporated areas of the county. Twenty years later, in 1955, the Florida Legislature enacted § 153.03, Florida Statutes, relating to water and wastewater utilities. The section generally authorized counties to construct and operate water and wastewater utilities, but with the following limitation: "No county shall furnish any of the facilities provided by this chapter to any property already being furnished like facilities by any municipality without the express consent of the council, commission or body having general legislative authority in the government of such facility." This language of section 153.03 has not been changed since 1955. On the surface, § 153.03 does not seem unreasonable. However, as will be seen below, local municipalities are using this general language to argue that if a county grants a franchise to a municipality to serve an unincorporated area, §153.03 authorizes the municipality to serve the area forever, notwithstanding specific time limitations in the franchise agreement — which, it is submitted, was never the intent of §153.03. As noted above, §153.03 provides that a county cannot provide service to any property being served by a. municipality, without the consent of the municipality. Additional language in § 153.03 provides that a county cannot provide service to any property located in a municipality (whether being served by the municipality or not) without the consent of the municipality: "... none of the facilities provided by this chapter may be constructed, owned, operated or maintained by the county on property located within the corporate limits of any municipality without the consent of the council, commission or body having general legislative authority in the government of such municipality ...," (e.$). Hon. Deborah J. Mayfield, Representative July 19, 2012 Page Three Two other statutes discuss consent in other utility scenarios: (1) §153.04 provides that a county cannot provide service to any property which can be served by a private facility without consent of the private owner: "if ... any parcel, plot or area of land proposed to be served by county owned and operated facilities is being served or there is available to it for service such facilities which are owned and operated by private individuals, copartnerships, corporations or associations, the county is hereby prohibited from furnishing the facilities provided by this chapter to such property without the written consent of the owner or owners of such privately owned facilities," (e.s.) and (2) §180.06, dealing with municipal and private systems, provides that neither can serve an area adjacent to an area being served by another municipality or private system, without the consent of the other municipality or private system: "a private company or municipality shall not construct any system, work, project or utility authorized to be constructed hereunder in the event that a system, work, project or utility of a similar character is being actually operated by a municipality or private company in the municipality or territory immediately adjacent thereto, unless such municipality or private company consents to such construction." (e.s.). Also, as noted in the discussion of § 180.02(2) above, the authority of a municipality to extend its utility services outside its corporate limits does not extend or apply within the corporate limits of another municipality ("... provided, however, that said corporate powers shall not extend or apply within the corporate limits of another municipality") — which, effectively, amounts to another requirement of consent. These provisions are cited to show how prevalent the requirement of consent is in the Florida utility statutes — except in § 180.02 with respect to municipalities extending utility services into the unincorporated county, which currently does not require the consent of the Board of County Commissioners. The net result of these provisions is that: • Municipalities can extend municipal utility services into the unincorporated areas of a county without consent of the county, whereas consent is required from municipalities and even private companies in almost every other scenario, and • If a county grants a franchise to a municipality to serve an unincorporated area of the county, §153.03 authorizes the municipality to serve the area forever, notwithstanding specific time limitations in the franchise agreement. In short, once the municipality is serving an area of the unincorporated county, the county can never get rid of it. These inconsistencies and conclusions raise the question of whether § 180.02(2), enacted more than 75 years ago, and § 153.03, enacted more than 55 years ago, are still appropriate today. Much has changed since 1935 and 1955. In many places, the sparsely populated areas of unincorporated counties have filled in. Many counties — including Indian River County — now provide a full array of utility services, often on a larger and more efficient scale than any municipality within the county. Under these conditions, it is submitted that city councils, which are not elected by the residents of the unincorporated areas, and which otherwise have no jurisdiction with respect to the unincorporated areas, should not be the local government which decides who provides utility services in these areas. Hon. Deborah J. Mayfield, Representative July 19, 2012 Page Four Local Assertions of Authority under 4180.02(21 and 4153.03 Indian River County has recently faced issues under § 180.02(2) and §153.03 on two occasions. The first is with the City of Vero Beach, relating to water and sewer service in two areas of the unincorporated county: the south barrier island, and areas on the mainland nearby to the city, including the Indian River Medical Center (collectively "County Areas"). In 1987, the county's water and wastewater system was in its infant stages. The city, on the other hand, had a system which dated back to the 1950s, placing the city in a better position at that time to serve the County Areas. Accordingly, in 1987, the Board of County Commissioners granted franchises to the city to provide water and wastewater service to the County Areas. The duration of the franchises was clearly stated in the franchise agreements: "for the period of thirty (30) years from the date of acceptance hereof' — such that the franchises will expire in 2017. Today, the county has a large and efficient water and wastewater system, and the Board of County Commission has provided notice to the city that the franchises will not be renewed and that the county intends to serve the County Areas after 2017. The city's response has not been finalized. In fact, the city and the county are having ongoing discussions which both parties hope will be fruitful. However, the city did ask its outside utility attorney for an opinion on its ability to keep serving the County Areas after expiration of the franchises in 2017, regardless of whether the county consents or not. Relying, in part, on § 180.02(2) and § 153.03, the outside attorney opined that "I am of the opinion that the City's exclusive right to provide water and sewer service to the [County Areas] exists and will continue to exist unabated whether or not the County's franchises terminate." In other words, despite termination of the franchise agreements, and based on § 180.02(2) and § 153.03, the city can keep serving the County Areas forever. The county has obtained a contrary view from its own outside utility attorney. And, the county, above all, hopes that the city and the county will resolve their issues through continued discussions. However, the opinion of the city's outside attorney highlights the very problem with §180.02(2) and §153.03 — the language is so broad that it enables the outside city attorney to argue that regardless of the expiration of the franchise agreement, and regardless of the position of the Board of County Commissioners, the city can serve the residents of the County Areas forever. The second local issue which the county has faced arose with the City of Fellsmere under §180.02(2). Specifically, in June 2012, the county learned that Fellsmere was in the process of adopting an ordinance establishing the Fellsmere "exclusive" natural gas service area — which it named the "City of Fellsmere Natural Gas Utility Chapter 180 Reserve Area." The problem was that the service area included not only the City of Fellsmere, but also a large portion of the unincorporated county having nothing whatsoever to do with Fellsmere. City residents (5,183) were only 23.6% of the service area population, while county residents (16,740) were 76.4% of the area; the geographical area of Fellsmere (43.3 sq miles) was only 15.2% of the service area, while the included portion of the unincorporated county (242.3 sq miles) was 84.8% of the area; the service area included 46.8% of the entire county. 903 -.A Hon. Deborah J. Mayfield, Representative July 19, 2012 Page Five Fellsmere doesn't even have a natural gas utility. It simply declared the entire area to be;its "exclusive" service area. Then its intent was to contract with a private company to actually construct a natural gas utility throughout the service area — all without any consent by or involvement of the Board of County Commissioners. By any stretch of the imagination, this was never the original intent of § 180.02(2). Nevertheless, the proposed ordinance quoted directly from § 180.02(2) as authority for the aggressive, extreme measure: "WHEREAS, Section 180.02, Florida Statutes, provides that any municipality may extend and execute all of its corporate powers to accomplish the purposes of Chapter 180, Florida Statutes — Florida's Municipal Public Works Statute — outside of its corporate limits, as may be desirable or necessary for the promotion of the public health, safety and welfare; provided, however that said corporate powers should not extend or apply within the corporate limits of another municipality." Fortunately, after approving the ordinance at the first reading, the Fellsmere City Council decided to confine the service area to the city itself at the second reading of the ordinance and over the objections of its own staff. However, these events, like those involving the City of Vero Beach, demonstrate all too clearly how the municipalities are taking advantage of the broad language of § 180.02(2) and §153.03) to' claim extensive control over utility services in the unincorporated areas of a county. Revenues The reason why municipalities are using §180.02(2) and §153.03 in this way is simple: to increase municipal revenues, which can eventually lead to lower charges and taxes for municipal residents. This will not change or go away, and as long as § 180.02(2) and § 153.03 remain in their current form, municipalities will continue to try to use them to enhance municipal revenues. "Taxation Without Representation" Perhaps the biggest problem with the expansion of municipal utilities into unincorporated areas is that it creates a disconnect between the residents receiving the utility service and the elected officials setting policy and rates with respect to the utility. If the county provides utility service in the unincorporated county, residents can vote for or against county commissioners setting policy and rates. However, if a municipality extends service into the unincorporated county, residents have no recourse against the city council which sets policy and rates. To make matters worse, the city council may actually have a political incentive to set policy and rates which favor municipal residents who can vote for the city council. For example, §180.191 allows municipalities to add a surcharge up to 25% (and even 50% in certain circumstances) to the water and wastewater bills of non - municipal residents. The current, actual surcharge imposed by the City of Vero Beach on non -municipal residents is 10%. However, city staff has openly reminded the public that a surcharge up to 25 and even 50% is allowed. If the Vero Beach City Council implemented such a surcharge, non -municipal residents subjected to the surcharge could do nothing about it. Hon. Deborah J. Mayfield, Representative July 19, 2012 Page Six The Solution The solution is twofold: (1) add a phrase to §180.02(2) requiring the county's consent to the extension of municipal utility services into the unincorporated county. This would put counties on equal footing with municipalities and private companies whose consent is required for intrusion into their territories. And, more importantly, it would place control over utilities in the unincorporated areas in the hands of the elected Board of County Commissioners which has jurisdiction with respect to such areas. Section 180.02(2) provides that a municipality is authorized to extend its service into the unincorporated county when "desirable or necessary for the promotion of the public health, safety and welfare ... " Requiring consent of the Board of County Commissioners would ensure that municipal utilities would only be extended when the public interest is truly served. Section 180.02(2) would then read: "Any municipality may extend and execute all of its corporate powers applicable for the purposes of this chapter outside of its corporate limits= as hereinafter provided and as may be desirable or necessary for the promotion of the public health, safety and welfare or for the accomplishment of the purposes of this chapter; provided, however, that said corporate powers shall not extend or apply within the corporate limits of another municipality; and provided further that said corporate powers shall not extend or apply within the unincorporated areas of any county without the consent of the Board of County Commissioners of such county" (new language underlined), and (2) revise the language of § 153.03 to make clear that the prohibition against counties providing service in areas already being served by municipalities shall not apply after expiration of a franchise agreement which allowed the municipality to serve the area in the first place. The pertinent language of § 153.03 would then read: "No county shall furnish any of the facilities provided by this chapter to any property already being furnished like facilities by any municipality without the express consent of the council, commission or body having general legislative authority in the government of such facility; provided, however, that such consent shall not be required if the municipality furnished such services in an unincorporated area of the county pursuant to a franchise agreement, resolution or ordinance which has expired" (new language underlined). This amendment would do no more than enforce the express termination language of the franchise which authorized the municipality to serve the area. And, in furtherance of the many of the interests discussed above, it would place the Board of County Commissioners in charge of the decision of who should serve the residents of the unincorporated county after expiration of the franchise. Hon. Deborah J Mayfield, Representative July 19, 2012 Page Seven Conclusion The Board of County Commissioners should control the decision of who provides utility services within the unincorporated areas of the county. While there may have been reasons in 1935 and 1955 to give greater authority to municipalities, those reasons are no longer applicable today when most counties have the capacity to provide their own utilities. And, even in counties that do not have such capacity, requiring the consent of the Board of County Commissioners before a municipality can extend municipal Services into the unincorporated county, or continue services after expiration of a franchise, is still appropriate and in furtherance of the overall public interest. For these reasons, Indian River County strongly urges that the Florida Legislature consider amendments to § 180.02(2) and § 153.03, as outlined above. Very truly yours, Alan S. Polackwich, Sr. County Attorney ASP:LAC Attachments Office of the II INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E Brown County Administrator DATE: August 2, 2019 SUBJECT: City of Sebastian Annexation The County Administrator is requesting Board discussion regarding City of Sebastian Ordinance No. 0-19-04, Petition for Voluntary Annexation — Graves Brothers Company, and provide direction to staff. 409 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF THE COUNTY ADMINISTRATOR August 8, 2019 Via email Mr. Paul Carlisle City Manager 1225 Main Street Sebastian, FL 32958 RE: Ordinance 0-19- 04 - Petition for Voluntary Annexation - Graves Brothers Company Paul: As a follow-up to our meeting on Friday, August 2nd, concerning the above -referenced matter, I wanted to send you the County's list of concerns in writing before consideration by The Planning and Zoning Commission at its meeting on August 15th as well as the second reading of the ordinance at the City Council's public hearing scheduled for August 28th. Water/ Wastewater/ Reclaimed Water It is asserted that "...IRC has an affirmative duty to expand the [IRCDUS water' and sewer] system inside and outside the city, and to provide 'service by the county's water andi wastewater systems concurrent with the demands of new growth...". This statement from the June 26, 2019 City of Sebastian Agenda item 12.A is not accurate. Section 6.05 of the Interlocal Agreement (ILA) adopted September 20, 1995 between the City of Sebastian and the County states that the County " shall have an affirmative duty, and is hereby authorized by the City, to provide, in a manner consistent with this agreement,water and wastewater services within the incorporated area of the City under County ordinances, resolutions, regulations and policies regardless of whether a lot or parcel of land connected with or provided service by the County's water and wastewater system is located in the incorporated area" pursuant to Section 6.08(A) of the ILA which states " The construction, expansion, or acquisition of any water or wastewater utility facilities by the County, or major alterations which affect the quantity or quality of the level of service provided or available within the incorporated area of the City shall be consistent with applicable local government comprehensive plans adopted pursuant to Chapter 163, Part II, Florida Statutes..." 1RCDUS provides water and sewer service in accordance with the Urban Service Area boundary and the approved Utility Master Plan which can, but is not required to, accommodate development outside the Urban Service 08/08/19 City of Sebastian Annexation Page 2 Area. (County Comprehensive Plan Potable Water Sub Element Policy 5.7 limits the centralized water- service to those areas within the Urban Service Area). Aside from the local government policies that outline logical, efficient and planned growth as set forth in the Indian River County 2030 Comprehensive Plan, there are restraints from the regulatory agencies with respect to the water and/or wastewater capacity that is claimed to be available for this annexation project. From a water capacity perspective, the Florida Department of Environmental Protection (FDEP) recognizes that (currently) IRCDUS can physically produce up to 20.01 Million gallons a day (MGD). However other regulatory constraints such as the St. Johns River Water Management District (SJRWMD) Consumptive Use Permit limits IRCDUS's groundwater withdrawals to 12.83 MGD from 2021-2031. The proposed 1.06MGD of estimated potable water demand places a burden on IRCDUS to increase its FDEP demineralization concentrate (DC) treatment and disposal permit limitations. IRCDUS' current DC site may have to be substantially upgraded to comply with the annexation's full build out projections. From a wastewater capacity perspective, the collection and transmission infrastructure that will be relied on for this proposed annexation inay need to be replaced or upgraded due to additional flow and pressure demands so as to not create an operation and maintenance issue in the future. There will be a need to set aside a minimum of several acres in a strategic location within the annexation boundary for either a potable water storage and re -pump station or a master planned inline sewer pump station that is equipped with emergency power once more engineering data becomes available. Any and all domestic wastewater produced within the 1,1 18 acres will need to be returned in an equal amount and used as reclaimed water for irrigation, and said requirements should be designed to have adequate storage capacity of the reclaimed water during high precipitation events. In short, while the City of Sebastian staff agenda dated June 26, 2019 as part of its concurrency analysis denotes that utility capacity exists, there is no unconstrained affirmative duty to serve this area inconsistent with local policies and procedures, and there are complex regulatory restrictions on the current capacity that prohibit the annexation (in its current form) from occurring without needed regulatory changes and/or infrastructure upgrades. Such potential utility capacity concurrency issues cannot be expected to be satisfied by existing IRCDUS rate payers within the Urban Service Area, but instead must be resolved consistent with the Indian River County 2030 Comprehensive Plan and borne by the property owner(s) and/or developer. Community Development The conceptual site plan (Exhibit D) and the proposed site Future Land Use Map (Exhibit E) reflect certain aspects consistent with the Indian River County 2030 Comprehensive Plan "new town" concept, such as a town center, extension of an internal street grid system, and conserved lands adjacent to and encompassing the south prong of the St. Sebastian River. Other aspects, however, are inconsistent with the new town concept set forth in the Indian River County 2030 Comprehensive Plan. Those aspects include the lack of a perimeter greenbelt along the project edges outside of the urban service area, and the establishment of two miles of strip commercial/industrial use along (future) 82nd Avenue. Also, for development density 1801 27`h' Street, Vero Beach, Fl. 32960-3388 PHONE: 772-226-1408 08/08/19 City of Sebastian Annexation Page consistency, County staff would prefer a cap on gross residential density at 1.5 units per acre or 2.0 units per acre, with potential for density transfers in from other agricultural areas, allowing concentrations of denser areas within the overall project off -set by green open spaces (as seen with prior large annexations by the City of Fellsmere). Although it has been explained that City commercial /industrial land use classifications allow for multi -family residential use, and thus an opportunity for mixed use along the 82nd Avenue corridor and clustering of commercial/industrial uses at intersections, such a mixture and clustering is not required under the proposed FLUM nor reflected on the conceptual site plan. To address that issue and to provide consistency with the Indian River County 2030 Comprehensive Plan, County staff strongly urges the City of Sebastian adopt a comprehensive plan text amendment concurrent with the land use designation amendment to address that issue and other new town concepts to the benefit of both City and County residents. Please keep in mind that the annexation does not address the stormwater farming that is proposed for the property. The waterfarining may have an impact on the future land use of the property and the proposed future rezoning. Public Works It is important to maintain and extend a connected grid system for transportation purposes. While the annexation addresses the internal grid south of CR 510, there is a lack of connectivity to the areas north of CR 510. Laconia Street is a key north/south roadway segment within the City of Sebastian. Any annexation agreement approved by the City of Sebastian should accommodate the impacts to Laconia Street. Extending Laconia Street south to CR -510 will provide a north/south route between 66th Avenue and where CR -510 turns north to connect to CR -512. Laconia Street provides an internal collector road within the City that will allow for residents to reach CR -510 without unnecessarily travelling to CR -512 or to Barber Street as a means to reach 82nd Avenue and the proposed commercial/industrial area. Following the meeting between City and County planning staff in March, County staff was under the impression that Laconia Street would be extended, which would help establish connectivity with a well-developed grid system. The Laconia Street extension would combine with other roadways detailed below to ensure a system of roads connecting Sebastian Highlands with the grid system south of CR 510. These connections would be 1.) the City's planned expansion of Shakespeare Street in line with 74th Avenue, 2.) the planned (County/Liberty Park) extension of 70th Avenue south to 81st Street by Liberty Magnet school, 3.) the existing Schuman/66th Avenue connection, as well as Laconia/82nd Avenue. County staff was disappointed to hear that the Laconia Street expansion is no longer planned. Exhibit B of the annexation package indicates that Graves Brothers Company is dedicating right of way for 82nd Avenue. This is not correct. Florida Department of Transportation is in the process of taking the right of way through eminent domain. It should be transparent to all interested parties that Graves Brothers Company is not dedicating right of way for 82nd Avenue, but is in fact increasing the costs of the 82nd Avenue project as a result of this annexation request. 1801 27th Street, Vero Beach, FI. 32960-3388 PHONE: 772-226-1408 08/08/19 City of Sebastian Annexation "I, g e ( 4 County staff has contacted the Florida Department of Transportation regarding how the proposed annexation and zoning use changes will impact the cost of purchasing right of way along 82nd Avenue and on CR -510. FDOT stated that the appraiser would consider the likelihood of annexation and a change in zoning when assessing a property's value. A land use of commercial/industrial would typically have a higher value than an agricultural land use and so it would seem that the annexation could increase the property's value, thereby increasing the project costs. Summary County staff provides these comments in an effort to improve the pending annexation that is under consideration. Please know that the County fully understands and respects the City's home rule authority to make decisions for the residents and taxpayers of the City. County staff is concerned primarily with the potential impacts that development of this area will have on services that are provided by the County. The County ,does offer that this is a significant annexation that will impact the future of Sebastian and the entire northern portion of the county for many years to come. We are hopeful that the City will consider these comments and address potential issues fully prior to completion of the annexation process. If you have any questions or would like to discuss this any further, please do not hesitate to contact me. Sincerely, Jasoyf E. Brown Com typdxninistrator CC: Indian River County Board of County Commissioners 1801 27'x' Street, Vero Beach, FI. 32960-3388 PHONE: 772-226-1408 DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., Asst. Public Works Director FROM: William. Johnson, P.E., Roadway Production Engineer SUBJECT: 21 Award of Bid No. 2019012 Vero Lake Estates 85th Street Petition Paving from 1015t Avenue to 96th Avenue Project, IRC -1628 DATE: July 19, 2019 DESCRIPTION AND CONDITIONS In April of 2013, a prioritized list of roadway improvements was provided to the Public Works Department by the Vero Lake Estates MSTU advisory committee, which included the milling/paving of 85th Street from 96th Avenue to 101' Avenue. Based on the performance of past asphalt millings roadway projects where high traffic volumes are prevalent on the roadway, the roadways are not performing as previously envisioned. While less expensive, the millings roadways are degrading over time and the only course of action for maintenance is filling the failed voids (potholes) with asphalt. This time-consuming maintenance activity, does not improve the driving surface of the roadway, and is not a long-term solution to the issue. Staff designed this project as an asphalt millings roadway, but also included an alternate design for a paved roadway. It should be noted that asphalt millings are not recognized by the Florida Department of Transportation (FDOT) as a permanent driving surface. As such, there are no FDOT standards in which to determine if millings projects are being constructed in manner that will provide longevity for the roadway surface. The project was advertised with a base bid for the installation of asphalt millings as the roadway surface and with an alternate bid for constructing a standard roadway cross-section of base material and asphalt pavement. A bid opening for the Vero Lakes Estates 85th Street petition paving project was held on May 15, 2019. Four (4) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Bidder Base Bid Alternate Bid Timothy Rose Contracting, Inc. Vero Beach, FL $586,801.55 $921,263.40 Dickerson Florida, Inc. Fort Pierce, FL $587,592.54 $1,023,136.54 Guettler Brothers Construction, LLC Fort Pierce, FL $799,842.00 $1,292,105.50 Ranger Construction Industries, Inc. Winter Garden, FL $1,052,876.65* $1,385,917.80* 410 * Denotes mathematical errors were found and bid amount corrected. Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the Base Bid of the project totaling $586,801.55; $338,659.55 below the Engineer's Base Bid Cost Estimate. Timothy Rose Contracting, Inc. is also considered to be the lowest, responsive, responsible bidder for the Alternate Bid of the project totaling $921,263.40; $404,963.70 below the Engineer's Alternate Bid Cost Estimate. Timothy Rose Contracting, Inc. has completed various projects within the County in a satisfactory manner: FUNDING Funding is available in Account No. 18521441-053360-18006, Vero Lake Estates/85th Street Millings - 101st Ave -96th Ave in the amount of $690,948 (75% of the costs) and a transfer for the remaining 25% ($230,316) from Account No. 10919981-099210, Secondary Roads/Transfer Out.. RECOMMENDATION Staff recommends that the Alternate Bid in the amount of $921,263.40 for the construction of a paved roadway be awarded to Timothy Rose Contracting, Inc. Staff has discussed the project wit I Allen Green the representative for the Vero Lake Estates MSBU Advisory committee. Mr. Green supports staff's recommendation that the Alternate Bid be awarded for constructing the project as an asphalt paved roadway. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement AGENDA ITEM FOR August 13, 2019 411 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1- WORK 2 ARTICLE 2 - THE PROJECT 2 ARTICLE 3 - ENGINEER ARTICLE 4 - CONTRACT TIMES ARTICLE 5 - ARTICLE 6 - CONTRACT PRICE PAYMENT PROCEDURES ARTICLE 7 - INDEMNIFICATION \\\\\\\\\ ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS, ARTICLE 9 - CONTRACT DOCUMENT ARTICLE 10 - MISCELLANEOUS [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY) 2 2 3 3 5 5 6 7 412 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: The project will consist of placement -o. f mii ings on 85t'' Street between 901st Avenue and 96t'' Avenue in Vero Lake/Estates and will include driveway turnouts, drainage system improvements, earthwork, andlin'stallationof signs and pavement markings. ARTICLE 2 - THE PROJECT 2.01 The Project for which the,Work underthe Contract Documents may be the whole or only a part is generally described as -follows: Project Name: VELAKE-ESTATES85th STREET MILLINGS FROM 101st Project AVENUE TO`96th AVENUE County Project Number.: IRC -1628 Bid NumbeN201.9012 ProjecMddress' 85th,Stre to Between 101st Avenue to 96th Avenue Vero Beach, Florida 32967 ARTICLE -3-- ENGINEER 3.01 The Indian Riverr oun ty Public Works Department is hereinafter called the ENGINEER and will act as OWNER s representative, assume all duties and responsibilities, and have the rights ancLauthority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 950th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the 413 General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 180th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article m 12 of the General Conditions. Liquidated damages will cornn�ce 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 $1,665.00 for each calendar day that expires after,the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete�Afte( Substantial Completion, if CONTRACTOR shall neglect; refuse''ol fail to complete the%ema6ining Work within the Contract Time or any proper- xtensio � thereof granted/by OWNER, CONTRACTOR shall pay OWNER $1,665.00 for each calendar dayithat expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready fog final payment. ) ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRom ACTOR for cpletion\of'the Work in accordance with the Contract Documents San amount n'current'funds equal to the sum of the amounts determined pursuant to,pa agr ph 5.0�1.A and summarized in paragraph 5.01.B, below: A. For all Work, prices stated in CONCTOR's Bid, attached hereto as an exhibit. \--..„..,\,,,\ B. THE CONTRACT SUM s"subject foadditions and deductions provided in the Contract: ' Numerical A`mou,�n,,t:$ J-".., \ ( --...../ 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 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%) 414 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 submittedon the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress\payments w`ll\be on the basis of progress of the work measured by the schedule\of values established, or inn 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 paycrequest\to"the County as OWNER for up to one half (1/2) of the retainage helddby\the County as OV1/NER, and the County as OWNER shall promptly make\payment to the CONTRACTORinless such amounts are the subject of a good faithdisput`e; 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 attributableto the labor services, or materials supplied by one or more subcontractors or suppliers; the Contractor shall timely remit payment of such retainage toNthose.subcontra,ctors andsuppliers. Pursuant to Florida Statutes section 218.735(8)(c)., GONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shalllreceive-immediate written notice of all decisions made by CONTRACTOR�to withhol?Nretainage) on any subcontractor at greater than five percent ‘(5%) afterfifty percent (50%) completion; and 2) CONTRACTOR will not seek release\`rom the County as OWNER of the withheld retainage until the final pay request. 6.04 \Paragraphst6 02 an\d 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'regul'ations 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 applic ble 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, shalt not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 415 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 islsatisfied 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�alhfederal, state, and local Laws and Regulations that may affect cost, progress, -and perffoormanncceofof the Work D. CONTRACTOR has carefully studied, (1) reports `of, 'explo ions and tests of subsurface conditions at or contiguou s to the,Si� 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 ha+been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Condit ons and (2) reports and drawings of a Hazardous Environmental Conditioq "f any>at the Site which have been identified in the Supplementary Condi\tions as,provided in paragrapph 4.06 of the General Conditions. E. CONTRACCTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and d to concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site whichay affect cost, progress, or performance of the Work or which, relate oto\anylaspect of the means, methods, techniques, sequences, and procedures of constructkl p n'rt 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 precaution a d programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, ts,,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. 416 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 0 10-3, inclusive); 4. Sample Certificate of Liability Insurance p g .,0 6020 1); (( \� 5. Contractor's Application for Payment (pages 00622-1 to00 622=6 inclusive); 6. Certificate of Substantial Co' rri letion\\" p��, (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (p` g s 00632-1 to 00632-2, inclusive); \ 8. Professional Surv�&�Mapp rs'Certificationasto Elevations and Locations of the Work (page 9. General Conditions (pages,00700-1 to 00700-45, inclusive); \\\\ 10. SupplementaryyConditions (pages 00800-i to 00800-11, inclusive); 11,.—Specification`` s listed'in,Division 1 (General Requirements) and Division 2 (Technical Provisions); \ U 12. Drawings consisting of a cover sheet and sheets numbered 1 through 30, inclusive, with each sheet bearing the following general title: VERO LAKE ESTATES 85th STREET MILLINGS; 13. Addenda(if app icable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Division, Special Conditions for Right -of -Way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 16. Bid Bond (page 00430-1); 417 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition, Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued ori\oraafter the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this 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\ no therNparty heret with ut .the written consent of the party sought to be bound; and, specifically -but without limitation, moneys that may become due and moneys that'a�e due mayot be)assigq d without such consent (except to the extent that the effect of, -this restrictio�n n rnayfbe,lirnitd e -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 repres natives 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. 418 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 copy d within a reasonable time at a cost that does not exceed the"cost provided'inChapter,119 or as otherwise provided by law. .-----"NA (3) Ensure that public records that are exempt`or\confident nd' aI aexempt from public records disclosure requirements are not4iNosed) 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 ost, to the County all public records in possession of the Contractor or keep'and maintain publicrecords required by the County to perform the service. 'If `theContactor�transfe s\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\exp ptfromn public records disclosure requirements. If the contractor keeps -and maintaies�public records upon completion of the contract, the Contractor shall meet`all pplicable�equirements for retaining public records. All records stored electronically musty be �provid�d o the County, upon request from the Custodian of Public -Records, in a\format�thatHis compatible with the information technology systems of the County \\///7".... B. \IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION"OF\CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR1S\DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:,/ (772) 226-1424 publicrecords(c�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. 419 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: INDIAN RIVER COUNTY CONTRACTOR: By: By: Bob Solari, Chairman By: Jason E. Brown, County Administrator. V(Contractor) (CORPORATE SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and -Comptroller Address for giving notices: Attest: Deputy GIefk Designated Representative: Name: J me s W._Enn s, PMP Title: Assistant Public Works\Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778=9391 License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 420 Indian River County, Florida Department of Utility Services Board Memorandum Date: July 29, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: North Sebastian Septic to Sewer Phase 2 Status and Direction Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) submitted applications for the following grants for the North Sebastian Septic to Sewer -Phase 2 project: • Fiscal Year (FY) 19-20 Districtwide Cost Share • FY 19-20 Appropriations Project Request The Phase 2 project consists of providing centralized sewer to a total of 201 parcels. A majority of the project is located west of US Highway 1, bounded to the north/west by the St. Sebastian River and Roseland Road to the south. The Florida East. Coast (FEC) railroad bisects the project area as indicated in Figure 1. The total project cost, which included water, sewer, impact fees for water and sewer, and sewer connection costs, was estimated at $7,678,324.00. The grant requests were as follows: • FY 19-20 Districtwide Cost Share Request = $ 1,346,516.77, or 33% of the sewer only construction estimate • FY 19-20 Legislative Appropriations Project Request = $ 1,629,637.00, or 40% of the sewer only construction estimate 421 Legend Benefiting Parcels - 201 sGravityMain ,Subtype, LifecycleStatus Collector, Active ssPiesstnizedMain Owner, LifecyFteStat us Ind an River County, Active Private:Active ssNetworkStructure Subtype, Owner ED, LitStatton , Indian River County EJ LltStation , Private • - FIGURE 1: ORIGINAL PROJECT BOUNDARY FOR NORTH SEBASTIAN S2S- PHASE 2 Analysis: The County requested funding for two projects (North Sebastian Septic to Sewer Phase 2 and Moorhen 422 Marsh), from the St. Johns River Water Management District (SJRWMD). Although the North Sebastian Septic to Sewer -Phase 2 project was successful in scoring high enough for grant award with the FY 19-20 Districtwide Cost Share application, SJRWMD could only fund one project, or up to $1.5 million. Since the Moorhen Marsh project scored higher than the North Sebastian Septic to Sewer Phase 2 project, and the remaining monies were budgeted in the Capital Improvement Element, the Moorhen Marsh project was awarded the grant. The County was notified in July 2019 that the FY 19-20 Legislative Appropriations request awarded $500,000 towards the North Sebastian Septic to Sewer Phase 2 project as a reimbursable grant to be administered by the Florida Department of Environmental Protection (FDEP), subject to final grant agreement execution. The actual funded amount is significantly less than the initial $1.63 million request. Therefore, with permission from FDEP, IRCDUS confirmed that a smaller area could still be considered (Phase 2A). The revised project area as depicted in Figure 2 (denoted as Phase 2A) will provide centralized sewer to 75 parcels. Please note that currently 64 parcels are indicated as developed on the property appraiser's site. Therefore, only those numbers were used in the computation of private lateral/septic abandonment cost and sewer impact fee incentive cost. The revised area is located west of the FEC railroad tracks, north of Roseland Road, and east of 126th Street. Much of this area, just like the original boundary, Tacks County water. Therefore, if the County moves forward with a septic to sewer project, then centralized sewer and water will need to be installed as part of the project. Please note that the grant awarded is only for septic to sewer. IRCDUS staff, with the assistance from the consultant (Masteller and Moler), prepared an opinion of probable cost for the revised 75 parcels for both sewer and water portions of the project area. A breakdown of that cost is as follows: Sewer Only (Estimated Cost) Estimated Cost Estimated Cost* Estimated Construction Cost = Design Cost = $ 1,716,793.89 Design Cost = $ 10,000.00 $ 15,000.00 Bidding & Construction Engineering Inspection (CEI) Cost = TOTAL = $ 55,000.00 Impact Fee Cost for 64 connections @ $2,796/ERU = $ 2,600,879.14 $ 178,944.00 Connection Cost (private lateral & abandonment of septic) = $ 288,000.00 TOTAL = $ 2,253,737.89 Water Only (Estimated Cost) Estimated Cost Estimated Construction Cost = $ 254,141.25 Design Cost = $ 5,000.00 Bidding & CEI Cost = $ 10,000.00 Impact Fee Cost for 60 connections = $ 78,000.00 TOTAL = $ 347,141.25 TOTAL WATER & SEWER PROJECT COST = $ 2,600,879.14 *Estimates only subject to change based on market condition and material price fluctuation. IRCDUS has no control over the cost of labor, materials, equipment, or services furnished by others, or over methods of determining price, or over competitive bidding or market conditions. 423 Legend North Sebastian- Phase .2A Total"'Number of:Parcels 75 Letters No i•esponse 23 52 64. 7 4 FIGURE 2 REVISED NORTH SEBASTIAN SEPTIC TO ;SEWER,BOUNDARY 424 •bastian S2S (M&M)\Phase 2\• - EN a' 0 2U T.+ 0 a) y a) C) Th c H a D ca a� E 0 O 0 The primary goal today is to engage in a discussion on how best to move forward with this revised area and the limited funds made available for this endeavor. Items 1 to 3 re -iterate what the Board of County Commissioners (BCC) approved in November, 2018 as part of the Septic to Sewer policy and items 4 to 6 are to assist in your decision today and/or later meetings. 1. Septic to Sewer (S2S) Policy No. 4: Establish a S2S financing interest rate to be the greater of the maximum of either 2% or half of the current BCC approved rate. Current rate is 5.5%, so the S2S rate would be 2.75%. 2. S2S Policy No. 5: Extend the amortization period from ten years up to a 20 -year term and direct staff to work with the Indian River County Tax Collector and Indian River County Property Appraiser to add the annual assessment fee to the property tax bill in order to assure a more consistent reimbursement cash flow for the project. This could be accomplished pursuant to Florida Statute 197.3632, the intent to use the Uniform Method for the levy and collection of non -ad valorem special assessments to defray the S2S cost. Depending on the project completion time, in order for the assessments to be collected by the Uniform Method on the November tax notice, a resolution to such affect must be. adopted at a public hearing held prior to January 1st of the intended tax notice year. Furthermore, the public hearing. must be noticed four consecutive weeks prior to the hearing. 3. S2S policy No. 6: Offer a S2S impact fee credit of 100% for those property owners who commit to connecting to the sewer system before sewer is available to the property. For those property owners that connect within one year from service availability, provide a credit of 75% of the impact fee. For those property owners that connect within two years from service availability, provide a credit of 50% of the impact fee. There would be no credit (0%) for property owners who connect after the second year of availability, with mandatory hookup required by year three. 4. The legislative reimbursable grant award is far less than requested. Do nothing and table the project for a later date. Terminate the Fiscal Year (FY) 19-20 Legislative Appropriations grant. This may shed a negative light on the County's future grant opportunities. 5. Solicit other funding options and therefore request staff work with Florida Department of Environmental Protection (FDEP) staff to postpone/extend the dates of the FY 19-20 Legislative Appropriations grant in order to solicit the FY 20-21 Cost Share grant, which is not guaranteed. 6. Traditional assessment procedures can take up to 8 to 12 -months, perhaps even longer (i.e. Collier Creek). This may affect the FDEP administered grant of 24 -months, which begins July 1, 2019. Funding: Based on the above estimated project cost and county -wide Septic to Sewer (S2S) policy approved by the Board of County Commissioners (BCC) on November 13, 2018, staff proposes the below funding options. * Note to date Utilities has contributed $257,705 for surveying, design and permitting. Not included in the above cost. 425 SEWER WATER TOTAL PROJECT COST Funding Source % of Project Cost For Sewer % of Project Cost For Water Total Amt % of Total Project Cost Legislative/FDEP 22.19% $ 500,000.00 $ 500,000.00 19.22% Utilities* 0.00% 4.32% $ 15,000.00 $ 15,000.00 0.58% Optional Sales Tax, Indian River County 25.00% $ 563,434.47 $ 563,434.47 21.66% Benefitting Parcels 52.81% $ 1,190,303.42 95.68% $ 332,141.25 $ 1,522,444.67 58.54% Total 100.00% $ 2,253,737.89 100.00% $ 347,141.25 $ 2,600,879.14 100.00% * Note to date Utilities has contributed $257,705 for surveying, design and permitting. Not included in the above cost. 425 Based on the estimated project cost and the above funding allocation, property owner responsibility is as follows: Sewer per parcel cost = $ 18,598.49 Sewer & Water (Estimated Cost = $24,134.18) Water per parcel cost = $ 5,535.69 (Includes 1 water impact fee) Total Cost = $ 24,134.18 Please note that these are only estimates, subject to change if bids are solicited for Phase 2A. If the benefitting property owner cost can be amortized on a 20 -year term at a 2.75% annual interest rate and add the annual assessment fee to the property tax bill then according to the current estimates the following is the result. Assessment per Parcel Cost per year on tax bill Sewer & Water (Estimated Cost = $24,134.18) $1,584.93 Sewer Only (Estimated Cost = $18,598.49) $1,221.40 The above with water consumption assumed at 5,000 gallons per month and wastewater produced equates to a total monthly cost of: Assessment per Parcel Cost per month (Capital + Consumption based on 1 ERU at 5,000 gallons per month) Sewer & Water (Estimated Cost = $24,134.18) $182.10 Sewer Only (Estimated Cost = $18,598.49) $131.69 Recommendation: There are numerous benefits to be gained by the construction of a sanitary sewer collection and conveyance system in the revised area. A primary benefit, if implemented, will be the elimination of numerous pre -1983 septic systems in the area that have Tess than 6 -inch separation between the drainfield and the groundwater table, which may result in nutrient loadings to groundwater table and potential nutrient transfer to the Indian River Lagoon. Given that a majority of the existing septic systems are pre -1983, the protection and restoration of the Indian River Lagoon is currently a contentious topic, and the health, economic viability, sustenance and well-being of the residents in the subject area are vital, staff recommends moving forward with the revised project. Staff requests the Board of County Commissioners (BCC) authorize staff to: 1. Present details of the revised project to include anticipated costs to benefitting property owners at a community meeting. Therefore, request staff work with the Roseland Community leaders to get the word out prior to the community meeting. 2. Update the BCC of the outcome of the community meeting prior to the execution of the FY 19-20 Legislative Appropriations grant. 426 8/13/2019 12.G.1. Indian River County Department of Utility Services North Sebastian Septic to Sewer (S2S) Phase 2 Status & Direction Board of County Commissioners August 13, 2019 Septic to Sewer (S2S) History !Date Description Aug 2013 Board approved WO #6 - Feasibility Study Feb 2014 Study presented to the IRC BCC & COS Sep 2018 North Sebastian Phase 1 S2S completed Nov 2018 BCC Approved S2S Policy Jan 2019 Presented information of Phase 2 S2S to Roseland Community Feb 2019 Submitted grant applications to SJRWMD & Legislative Appropriations April 2019 Only 1 of the 2 projects submitted through SJRWMD could be funded June 2019 IRC received $500,000 (1/3 of the request) from Legislative Appropriations 1 S2S: Original Area • Primarily Residential • Benefitting Parcels 201 Sewer Only Estimated Construction Cost = Design Cost = • Requires the installation of water Bidding &CEI Cost= [I (`per ,. ssGrAvieWan Impact Fee Cost for 201 connections = • 100% design completed Connection Cost (private lateral& abandonment of septic) = • Total Project Cost Breakdown~ • Grant Funds Requested: ✓ FY 19-20 Cost Share Request = $ 1,346,516.77 ✓ FY 19-20 Legislative Appropriations = $ 1, 629, 637.00 • Grant Funds Received: x FY 19-20 Cost Share Request = $ 0.00 ✓ FY 19-20 Legislative Appropriations = $ 500, 000.00 Water Only 8/13/2019 12.G.1. $ 4,080,353.85 $ 188,065.00 $ 204,017.69 $ 561,996.00 $ 810,000.00 TOTAL = $ 5,844,433.00 Estimated Construction Cost = $ 1,487,500.13 Design Cost = $ 69,640.00 Bidding & CEI Cost = $ 29,750.00 Impact Fee Cost for 190 connections = $ 247,000.00 TOTAL =$ 1,833,891.00 TOTAL WATER & SEWER PROJECT CO$T= $ 7,678,324.00 WBID 31 29A ID: (5003131 4 l FIGURE 1: ORIGINAL PROJECT BOUNDARY FOR NORTH SEBASTIAN S2SS• PHASE 2 1 S2S: Revised Area: Phase 2A • Primarily Residential • Benefitting Parcels 75 • Requires the installation of water • 100% design completed SEWER • Grant Funds Received: Estimated Construction Cost = $ 1,716,793.89 x FY 19-20 Cost Share Request Design Cost= $ 15,000.00 _ $ 0.00 Bidding & CEI Cost = $ 55,000.00 ✓ FY 19-20 Legislative Appropriations Impact Fee Cost for 64 = $ 500,000.00 connections = Connection Cost (private lateral & abandonment of septic) _ TOTAL =$ 2,253,737.89 • Total Project Cost WATER er=.cr:,•.<_ . . >Fx.-. .5 $ 178,944.00 $ 288,000.00 Legend North Sebastian- Phase 2A rrt6r. m.'w et P$' t, 11 tw rs r77r.-.n: ,8'a :S nre,.M 02 ,x. ed 64 V lost LN .PC p.....f 4 Estimated Construction Cost = $ 254,141.25 Design Cost = $ 5,000.00 Bidding & CEI Cost = $ 10,000.00 Impact Fee Cost for 60 connections= $ 10 TOTAL WATER & SEWER PROJECT COST = 78,000.00 TOTAL =$ 347,141.25 $ 2,600,879.14 FIGURE 2: REVISED NORTH SEBASTIAN SEPTIC TO SEWER BOUNDARY 8/13/2019 12JG.1. Highlights ��^��� N����K���U�U������ 1� S2S Policy: �~.'.' -- - _ ��-�- 1. Establish a S2S financing interest rate to be the greater of the maximum of either 2% or half of the current BCC approved rate. Current rate is 5.0%, so the S2S rate would be 2.5%. 2. Extend the amortizatifromten years up to a 20 -year term and direct staif to work with the Indian River County Tax Collector and Indian River County Property Appmisertnadd the annual assessment fee to the property taxtiUinorertoassuveamonemonsistentreimbumementcashOmwfov theproject. This could be accomplished pursuant to Florida Statute 1973632, the intent to use the Unifhnn Method for the levy and collection of non - d valorem Special assessments to defray the S2S cost. Depending on the project completion time, in order for the assessments to be collected by the Uniform Method on the November tax notice, aresolution to such affect must be adopted at a public hearing held prior to January 1st of the intended tax notice year, Furthermore, the public hearing must be noticed four consecutive weeks prior to thehearing. 3. Offer a S2S ifee credit of 00` % for thosempy who commit to tothe sewer System before sewer is available to the property. For those property owners that connect within one year from service availability, provide a credit of75% of the ict feeFor thperty owners that connect within two years from service availability, provide a credit of 50% of the impact fee. There Would be no credit (0%) for property owners who connect after the .second year of availability, with mandatory hookup required by year three. Funding Scena^os to Consider: Option I: OptionalSa|e$Tax @ 2G9&and URCD0S @ 23.02% Pros: �50% reduction in costto property owners. . ' Cons: » IRCDUS funds are typicallylly used for the benefit of all ratpayers 3 Funding Scenarios to Consider: Option II: Optional Sales Tax @ 25% and 0% from IRCDUS f Proje'C Co 8/13/2019 12:G.1. IRCDUS' ' Asses ',1"0 Pli'eel01_11Uit,perA'-'".',,,5F.1.,,1 tax bi I Sewer.& Water,(Estim ted Cost=' $24,134:18 4 .. Seweo& III-7Ksttmafeil 1.40:Lj' 'Asses ment per arcel : . .. :: .,. ..._.. .. __.....:. .. ...... .:: Cost per month (Capital+ Consumpt on based - r ..:n::- :�.:, on�l-ERUat5,000 gallons per month)::,'.;' seater (Estim ted Cost=$24,13418)Si .r E -, $18210 Sewer Only(Estlmated Cosi $1859849) some p.o ,: _..: ..e. roperties are already onnected to water,;;,;; , ... „mm � ,., $151 60 s Pros: ✓ No IRCDUS funds, hence parity to ALL rate payers Cons: > Very costly to propertyowners, especially people on fixed income. Funding Scenarios to Consider: Option ill: Optional Sales Tax @ 25% + 33% (for Construction)` :Total 'Ant Footnotes: 3If FY 20/21 is successful,then $566,541.98 programmed os o place holder in Optional Soles Tax cnn be funded via cost share monies. 'Sewer Impact Fees assumed funded v/a Optional Sales Tax if 100% connection In the 1st' year. Also a portion of construction, design, CEI & Connection not to exceed 2S% as adopted in the S2S policy. • 333% of the Construction Cost to !be paid through Optional Soles Tax. .This Is q place holder pending successful FY20/21 cost share grant.• 1egisl V500,000:00 SIRWMD Optional Sales:Tai ImpacvFeelncent i IRCDUS Optional Sales;Tar Indian'. Rlver_6&un Be"rn ,`600;$79:1 Sew er&Water: )E Sewer -Ori l y �(E sti iri eil Cost=::$15)29217) i'_ $9;75648)y;_:_.__, i0( Pros: ✓ No IRCDUS funds, hence.parity to ALL rate payers ✓ 50% reduction in cost to property owners Cons: > If IRC is not successful with FY 20/21 cost -share grant, then $1,13M needed from optional'sales tax > 25% . Sewer 8i Water;)Est Sewer Only (Estimated Cost, -7,33)758.C8) properties are`already connected to wa er 8/13/2019 12.G.1. Tentative Schedule Date Description September 2019 October 2019 ** If BCC authorize moving forward, then hold community meeting Update BCC of the results and obtain direction FY 19-20 Legislative Appropriations — Expires July 31, 2021 FY 20-21 Districtwide Cost Share Request — If successful, funds will only be available October 1, 2020 Other Items for BCC Consideration . The legislative reimbursable grant award is far Tess than requested. Do nothing and table the project for a later date. Terminate the Fiscal Year (FY) 19-20 Legislative Appropriations grant. This may shed a negative light on the County's future grant opportunities. 2. Solicit other funding options and therefore request staff work with Florida Department of Environmental Protection (FDEP) staff to postpone/extend the dates of the FY 19-20 Legislative Appropriations grant in order to solicit the FY 20-21 Cost Share grant, which is not guaranteed. 3. Traditional assessment procedures can take up to 8 to 12 months, perhaps even longer (i.e. Collier Creek). This may affect the FDEP administered grant of 24 months, which begins July 1, 2019. 4Z(0- 5 8/13/2019 12.G.1. Staff Recommendation Given that a majority of the existing septic systems are pre -1983, the protection and restoration of the Indian River Lagoon is currently a contentious topic, and the health, economic viability, sustenance and well-being of the residents in the subject area are vital, staff recommends moving forward with the revised project. Staff requests the Board of County Commissioners (BCC) authorize staff to: 1. Present details of the revised project to include anticipated costs to benefitting property owners at a community meeting. Therefore, request staff work with the Roseland Community leaders to get the word out prior to the community meeting. 2. Update the BCC of the outcome of the community meeting prior to the execution of the FY 19-20 Legislative Appropriations grant. AZO- 6 8/13/2019 12.G.1. (additional) Indian River County Department of Utility Services North Sebastian Septic to Sewer. (S2S) Phase 2 Status & Direction Board of County Commissioners ' August 13, 2019 Funding Scenarios to Consider: Option II: Optional Sales Tax @ 25% and 0% from IRCDUS IRCDUS Opttondl Sales Tax- Iridian;RiJe'r County Assessment per Parcel ;.= . .Cost per year ontazb Is :. ;l we e.. .. Sewei&iWateF(Estlmated Cosi=-$2413408)PI ! ��: ��^.�. �...:.:;: $1584:93.:) ' a= Sewer Only(Estimated Cost=$1859849) . - € --: $122140 r• - - m Assessent per Parcel a Costpermontlr(CapItal+Consomptionbsed n150mi oERU at00 gallonspe onih)ii.;_ Se' wer&Mat er(Estimated Coft =$2413418)_ L :+ - -;-x$18230 -: '.' Sewer Only(Est(m$ted Cost --.$1859849) some p _op,: - properties are already connected to water. - $151 801 ;600;879x1 Pros: ✓ No IRCDUS funds, hence parity to ALL rate payers Cons: > Very costly to property owners, especially people on fixed income 4240 Funding Scenarios to Consider: Option III: Optional Sales Tax @ 25% + 33% (for Construction TOTAL,PROJECTCO! 5.00'009.00' 562,780:072 66,541..98, 566,54198 8/13/2019 12.G.1. (additional) %of;Total P,rojectic.. 'If FY 10/21 is successful, then 5566,541.98 programmed os a Place holder in Optional Soles Tax can be funded via cast share monies. 'Sewer Impact Fees assumed funded via Optional Sales Tax if 100% connection in the 1st year. Also a portion of ' 64% construction, design, CEI &Connection not to exceed 25% os adopted in the S2S policy. 0.58% 333% of the Construction Cost to be paid through Optional •21 78%_ _ Soles Tax. This is a place holder pending successful FY20/21 - - = cost share grunt. :141:25 ..Assessment per Parce I ::Cost per year ori tax bill _ —''''' .7"7. ' " " 980 98 Sewer& W ted Eost $1529217), $ 5. Sewer.Only(Estxosted Cost 5975648) ., L 5625.85 - y WATER % of Project Cost l Co't per month)Capital+ Consumption based: Assessment perParce ', . ,� ���y.�, on 1 ERU.at 5 000,gallors per,mo . 0. Sewe7&Water (Estimated Cost$1529217)�_ '�:_ q, $13177 : j Sewer Only (Estimated Cort $9;756 48) some t - t.. ;. r...:. ._ ..� t $302171 _ properties are already connected to water - ;:100:00% Pros: ✓ No IRCDUS funds, hence parity to ALL rate payers ✓ 50% reduction in cost to property owners Cons: > If IRC is not successful with FY 20/21 Cost -share grant, then $1.13M needed from optionalsales tax > 25% Funding Scenarios to Consider: Optional Sales Tax @ 30% Funding Source - - SEWER % of Project Cost For Sewer WATER % of Project Cost For Water ' TOTAL PROJECT Total Amt COST %ofTotal Project Cost Legislatide/FDEP 22.19% $ 500,000.00 0% $ • - $ 500,000.00, 19.22%. Optional Sales Tax 30.00% - $ 676,121.40 30% 5 104,142.60 $ . 780,264.00 30.00% Utilities 0.00% 5 - 4,32% 5 15.000.00 $ 15,000.00 0.58% 9enefitting Parcels 47.81% $ 1,077,616.60 65.68%- S .227,999.40 $ 1,305,616.00 50.20% _ Total 100.00% $ 2,253,738.00 100.00% $ 347,142.00 52,600,880.00 100.00% 6eriefltting Per Parcel Cost for Sewer Total Per Parcel Cost for Sewer 516,837.76 Benefitting Pcr.Parcel Cost for Water Total Per Parcel Cost for 53;799.99 Water Total Water & Sewer per Parcel Cost 520,637.75 Astestmertt per Parcel Cost per year on tax bill Sewer & Water (Estimated Costa 520,637.75) Sewer Onty (Estimated Cost a 516.937.76) 51,355.32 51,105.76 Assessment per Parcel Cost per rnonih (Capital + Consumption based on 1 ERU at Sewer & Water (Estimated Cost r_ 520,637.75) 5162.96 Sewer Onty (Estimated Costa 5122.06 516,837.76) 8/13/2019 12.G.1. (additional) Funding Scenarios to Consider: Optional Sales Tax @ 50% _ _ _ Funding Source SEWER %of Project Cost. For Sewer WATER % of Project Cost For Water TOTAL PROJECT Tot& Amt COST % of Total Project Cost 1....sgistative/FDEP Optional Sales Tax 22.19% 50.00% $ 500,000.00 $ 1,126,869.00 0% $ •_ $ 500,000.00 5 1,300,0.00�mm 44 19.22_0 50% $ 173,571.00 50.00% Utilities 0.00% $ 4.32% $ 15,000.00 $ 15,000.00 0.58% Benefitting Parcels 27,81% $ 626,869.00 45,68% $ 158,571,00 $ 785,440.00 30.20% Total 100.00% $ 2,253,738.00 100.00% 347,142.00 52,600,880.00 100.00% Benefitting Per Parcel Cost for Sewer Total Per Parcel Cost for Sewer $9,794,83 Benefitting Per ParcelCost for Water Total Per Parcel Cost for Water Tota! Water& Sewer per Parcel Cost = $12;437.68 Assessment per Parcel Cost per year on tax bill Sewer & Water (Estimated Cost 512,437.68) Sewer Only (Estimated Cost 59,794.83) $816.80 $643.24 Assessment per Parcel Cost per month (Capital + Consumption based on 1 ERU at Sewer & Water (Estimated Cost = 512.437.68) $12,437.68) Sewer Only (Estimated Cost 59,794.83) 5118.09 583.51 410 1 Funding Scenarios to Consider: Option I: Optional Sales Tax @ 25% and IRCDUS.@ 23.02% 8/13/2019 12.G.1. (additional) RO fOTAI:�F.RO ECCi.COS if Tgtal,Prbject RCDUS' .. __.9.84 $;698:4 ;671;604: 21.4t25 25 Aises mentper•Parcel �'. Costperyearontaxbill Sewer.&'Wafer,:(Estim ted Cost=$14490142) - '592952-..-j Sewer Only,(Estiwated Cosh $8,95473).: Ii .Asses ment per'Parcell _._ _.._.Asgallon='per per j"�C�ost month(Caprcal+ Consumption ba ed= month)__ Sewer& Water_)E tlm ted Cost_ $1449042)L ,_ _ ��. „, w;,,,LL$12748 Sewer Only (Est mated Cost .$8 954 73) some r...: i .. ,. �:. properties are.alreadyonnected. water.,;;, : $97 89 Pros: ✓ 50% reduction in cost to property owners Cons: ➢ IRCDUS funds are typically used for the benefit of all rate payers /3a MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 1, 2019 SUBJECT: Indian River County, St. Lucie County and Martin County Joint Board Meeting BACKGROUND In 2019, the Indian River County Board of County Commissioners ("Board") attended a joint board meeting with the Board of County Commissioners for St. Lucie County and the Board of County Commissioners for Martin County in which all three boards discussed joint legislative priorities in anticipation of the State of Florida's 2019 legislative session. In preparation for the 2020 legislative session, Martin County and St. Lucie County have reached out to Indian River County to see if the Board would be interested in attending another joint board meeting. The meeting is tentatively set for October 3rd from 9:00 am to 11:30 am at the Indian River State College Main Campus, 3209 Virginia Avenue, Brown Center for Innovation & Entrepreneurship, Room Y-102. In accordance with section 125.001, Florida Statutes, the Board is permitted to participate in a joint meeting with the governing bodies of one or more adjacent counties or municipalities to discuss matters regarding land development, economic development, or any other matters of mutual interest. To do so, all three referenced boards are required to: (1) adopt a resolution authorizing the participation in the joint meeting; (2) publicly notice the meeting within its jurisdiction; (3) and hold the meeting in an appropriate public place. Pursuant to section 125.001(2)(b), Florida Statutes, no official vote can be taken at the meeting. FUNDING There is no funding associated with this item. RECOMMENDATION The County Attorney's Office recommends that the Indian River County Board of County Commissioners adopt the resolution to hold a joint meeting with the Board of County Commissioners for St. Lucie County and the Board of County Commissioners for Martin County to discuss joint legislative priorities in anticipation of the State of Florida's 2020 legislative session. ATTACHMENT Proposed Resolution 427 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY TO PARTICIPATE IN A JOINT MEETING WITH THE ST. LUCIE COUNTY COMMISSION AND MARTIN COUNTY COMMISSION TO DISCUSS AND PLAN MATTERS OF MUTUAL INTEREST; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for Indian River County desires to participate in a joint meeting with the Board of County Commissioners for St. Lucie County and the Board of County Commissioners for Martin County to discuss legislative priorities that we share prior to the State of Florida's 2020 legislative session; and WHEREAS, Section 125.001, Florida Statutes, authorizes county boards to meet and discuss matters of mutual interest with one or more adjacent counties or municipalities; and WHEREAS, Section 125.001, Florida Statutes, further states that such meetings may be held at any appropriate public place within the jurisdiction of any participating county or municipality, and requires that due public notice be provided within the jurisdiction of all participating municipalities and counties; and WHEREAS, Section 125.001, Florida Statutes, further requires that the governing body of a county or municipality must first adopt a resolution authorizing participation in the joint meeting, 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. Section 2. Pursuant to Section 125.001, Florida Statutes, the Board of County Commissioners is hereby authorized to participate in a joint meeting with the St. Lucie County Commissioners and Martin County Commissioners on October 3, 2019, which will be properly noticed within the jurisdiction of all participating counties. taken. Section 3. Notice of this meeting shall be duly advertised and official minutes shall be Section 4. This resolution shall take effect immediately upon adoption. The foregoing resolution was moved for adoption by Commissioner and seconded by Commissioner follows: , and, upon being put to a vote, the vote was as 428 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 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Bob Solari, Chairman By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney 429 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 31, 2019 SUBJECT: Interlocal Agreement with the City of Sebastian Regarding Fire Marshal Services BACKGROUND. On March 14, 2018, the City Council of the City of Sebastian (the "City") voted to approve an ordinance establishing an independent fire marshal's office. After a year of communications, negotiations and discussions between the City and Indian River County staff on the matter, on February 5, 2019, the Indian River County Board of County Commissioners (the "Board") voted to initiate the conflict resolution procedures set forth in Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution Act ("Act"). On February 26, 2019, a conflict assessment meeting as set forth in the Act was held. At the conflict assessment meeting, City and Indian River County staff came to an agreement on a framework for a resolution of the matter. On March 5, 2019, the Board authorized an interlocal agreement with the City of Sebastian, and directed negotiation of the final terms of an agreement in which the City manages all Fire Marshal Services in the City within the parameters presented. The Board further authorized the termination of the dispute resolution process under the Act upon the City's approval to negotiate an interlocal agreement within the parameters presented. After additional communications, City and Indian River County staff were able to negotiate the attached interlocal agreement. The following are the key terms of the interlocal agreement: 1) Except for those buildings owned, occupied or leased by Indian River County, the Emergency Services District, the Solid Waste Disposal District or any constitutional officers, the City will perform firesafety plan review and installation inspection services within the City of Sebastian. Furthermore, the City will also be responsible for all inspections performed after the issuance of a certificate of occupancy. The City will also be responsible for inspections for special events. 2) The City will name the Emergency Services District as an additional covered party on its general liability insurance policy with respect to the fire marshal plan review and installation inspection services in an amount of not less than One Million Dollars ($1,000,000) per occurrence/aggregate. 430 Board of County Commissioners July 31, 2019 Page 2 3) All individuals providing firesafety plan review and installation .inspection services will be licensed and/or certified in accordance with the requirements prescribed in Section 633.216 Florida Statutes. 4) All newly hired individuals providing firesafety plan review and installation inspection services will be required to have at least five years of experience in performing firesafety plan review and installation inspection services. Otherwise, the City shall have at least one individual providing firesafety plan review and installation inspection services who has at least one year of experience in performing firesafety plan review and installation inspection services. 5) There will be a segregation of duties, such that the individual performing the firesafety plan review and installation inspection services will not be the same individual proving Building Official plan review and inspection services. 6) The interlocal agreement will be for an initial 10 year term, with an automatic 10 year renewal. The interlocal agreement can be terminated for good cause, after the parties have met and conferred, in good faith, to address the concerns of the other party. As part of discussions, it was further agreed that for the first six months under the interlocal agreement, that the Emergency Services District would shadow the City of Sebastian employees performing firesafety plan review and installation inspection services, thus establishing a smooth transition. If the Board approves the interlocal agreement, Indian River County staff will work to finalize a similar agreement with the City of Fellsmere. FUNDING. The cost of the recording the interlocal agreement is $52.50, which will be split evenly between the parties. The funds for Indian River County's portion of the recording costs will be from the Emergency Services District/Fire Rescue/Legal Services account number 11412022-033110. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve and authorize the chair to execute the interlocal agreement. ATTACHMENT. Proposed Interlocal Agreement 431 THIS INTERLOCAL AGREEMENT (the "Agreement"), made and entered into this day of August, 2019, between the Indian River County Emergency Services District, a dependent special taxing district (the "District") and the City of Sebastian, a municipal corporation created pursuant to the laws of the State of Florida (the "City"), provides for the City's Fire Marshal Office to review firesafety plans and installation inspection services. WITNESSETH: WHEREAS, on November 27, 1990, the Board of County Commissioners adopted IRC Ordinance No. 90-25, abolishing the three existing fire districts and establishing the consolidated Indian River County Emergency Services District, as a dependent special district, subsequently approved by a majority of voters of the district on March 12, 1991and codified in Chapter 208 of the Code of Indian River County; and WHEREAS, on March 14, 2018, the Sebastian City Council enacted Ordinance No. 2018- 02, establishing the Sebastian Fire Marshal's Office (the "SFPO"); and WHEREAS, the City and District share a common goal of addressing fire safety issues in a comprehensive manner; and WHEREAS, the City and the District are committed to working together to address the aforementioned concerns without resorting to litigation; and WHEREAS, in entering into this Agreement, neither the City nor the District is admitting or denying the positions they have expressed concerning their respective responsibilities as set forth in the Florida Statutes, NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the District and City agree as follows: SECTION 1. RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. SECTION 2. DURATION, TERMINATION, AND MODIFICATION. (a) This Agreement will remain in full force and effect unless terminated by the parties pursuant to the procedure set forth in subsection 2(b); (b) This Agreement shall be in effect from the date it is fully executed until September 30, 2029. Should neither party notify the other of its desire to terminate this Agreement at least 90 days prior but not more than 180 days prior, this Agreement shall automatically renew through September 30, 2039. This Agreement may be terminated by the City or District, only for good 432 cause shown, upon ninety (90) days notice to the other party. Written notice of proposed termination shall be provided in accordance with Section 4 below, detailing the good cause alleged. The parties agree that they will meet -and -confer, in good faith, to address the concerns of the other party prior to any official action being taken to either governing body. (c) This Agreement may be modified at any time by the mutual consent of the parties and in the same manner as its original adoption. SECTION 3. DUTIES AND RESPONSIBILITIES OF THE CITY (a) (b) (c) (d) Services: Except for those buildings owned, occupied or leased by Indian River County, the District, the Solid Waste Disposal District or any constitutional officers, the City shall perform firesafety plan review and installation inspection services within the City of Sebastian, including fire sprinkler, fire alarm, hood suppression, commercial mechanical, LP gas, medical gas, and other similar reviews and inspections. Except for those buildings owned or leased by Indian River County, the District, the Solid Waste Disposal District or any constitutional officers, the City shall also be responsible for all inspections performed after the issuance of a certificate of occupancy. The City shall also be responsible for inspections for special events and provide a copy of all inspection reports and corrective actions taken to the District pursuant to Section 3(0 infra. Insurance: On or before October 1 of each fiscal year the City shall transmit to District a certificate of coverage naming the District as additional covered party on its general liability insurance policy with respect to the SFPO plan review and installation inspection services in an amount of not less than One Million Dollars ($1,000,000) per occurrence/aggregate. Certifications: All individuals providing firesafety plan review and installation inspection services on behalf of SFPO shall be licensed and/or certified in accordance with the requirements prescribed in Section 633.216 F.S., as amended and by the rules and regulations promulgated by the State Fire Marshal. Experience: All newly hired individuals providing firesafety plan review and installation inspection services on behalf of SFPO shall have at least five years of experience in performing firesafety plan review and installation inspection services. Otherwise, the City shall have at least one individual providing firesafety plan review and installation inspection services on behalf of SFPO who has at least 433 (e) one year of experience in performing firesafety plan review and installation inspection services. Concurrent Jurisdiction: Nothing in this Agreement deprives the Fire District from jurisdiction to enforce the Florida Fire Prevention Code, as amended, within the City of Sebastian; however, the District will not take enforcement action unless: (1) the District first contacts the City's Fire Marshal to confer regarding the enforcement action intended; or (2) a violation is observed which puts life or property in imminent danger, in such case as enforcement action may be taken, with the City's Fire Marshal being contacted immediately thereafter. (f) Segregation of Duties: The individual performing the firesafety plan review and installation inspection services on behalf of SFPO on new construction plans shall not be the same individual proving Building Official plan review and inspection services on behalf of the City. (g) SECTION 4. NOTICE. Reports: The City will provide a report to the Fire Chief and Director of the District, on a quarterly basis, of the annual fire safety inspections performed, consistent with the requirements of Section 208.09(a) of the Indian River County Code. (a) Unless specified by a party in writing otherwise, all notices, demands, or other papers required to be given or made by this Agreement, or which may be given or made, by either party to the other, will be given or made in writing and addressed as follows: City: City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 with a copy to the City Attorney County: County Administrator 1801 27th Street Vero Beach, Florida 32960-3365 with a copy to the County Attorney The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company; and (b) The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery 434 company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. SECTION 5. INDEMNIFICATION, HOLD HARMLESS To the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes and any subsequent revisions thereto, the City agrees to indemnify, defend and hold harmless the District and respective elected officials, officers, and employees against any claim, action, loss, damage, injury, liability, cost or expense, including, but not by way of limitation, reasonable attorneys' fees and court costs, arising out of injury to persons, including but not limited to death, or damage to property caused by, directly or indirectly, in whole or in part, the negligence of the City, in connection with this Agreement. This Agreement does not provide third parties with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege. SECTION 6. IMMUNITY. Nothing contained herein or in any instruments executed pursuant to this Agreement shall be construed as a waiver or attempted waiver by the District or the City of their sovereign immunity as itpresently exists under the Florida Constitution and the laws of the State of Florida. SECTION 7. BUSINESS RELATIONSHIP. The City and the District are not partners or joint ventures or agents of each other for any activities pursuant to this Agreement, and no such relationship between them shall be deemed to exist by virtue of this Agreement. SECTION 8. CONSTRUCTION. The headings of the sections of this Agreement are for the purpose of convenience only, and 'shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. SECTION 9. MERGER; MODIFICATION. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written, unless the provisions of the parol evidence rule applies. 435 SECTION 10. GOVERNING LAW, VENUE. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. SECTION 11. CONFLICT. To the extent of any conflict between this Agreement and any existing City or District agreement, this Agreement will be deemed to be controlling. This Agreement is not intended to amend or repeal any existing City or Indian River County ordinance. SECTION 12. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Agreement. SECTION 13. RECORDATION. This Agreement shall be recorded in the Office of the Circuit Court in Indian River County. The City and the District shall share evenly in the costs of recordation of this Agreement. SECTION 14. EFFECTIVE DATE. This Agreement will become effective upon its fling with the Clerk of the Circuit Court of Indian River County, Florida, as required by Section 163.01(11), Florida Statutes. 436 APPROVED this day of August, 2019. INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district. By: BOB SOLARI, Chairman CITY OF SEBASTIAN, a municipal corporation and political subdivision of the State of Florida By: JIM HILL, Mayor ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Bv: Deputy Clerk APPROVED: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency. By: Dylan Reingold, County Attorney f lattorneyldylanlsebastian ila on fire marshal (city ver. 1).docx ATTEST: Jeanette Williams City Clerk By: APPROVED:. By: Paul Carlisle, City Manager Approved as to form and legal sufficiency. By: James Stokes, City Attorney 437 Office of Attorney's Matters 08/13/2019 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: August 6, 2019 SUBJECT: Acquisition of Right -Of -Way Parcel 102 for Phase II of 66th Avenue Improvements from Harris Groves, 61st Street and 66th Avenue Harris Groves, a partnership, owns a 37.85 acre parcel of property located at the southwest corner of 66th Avenue and 61st Street. This site is rectangular in shape with 1,298.18 feet of frontage along 66th Avenue and is 1,143.7 feet deep. The property is located outside the urban service boundary and is zoned A-1 Agricultural, up to one unit per five acres. The parcel contains barbed wire fencing with no structures and is currently used for pasture in the family's cattle business. Harris Groves has owned the property since 1983. An aerial •hoto of the •ro•ert is de•icted below as Exhibit "A". 438 Harris Groves Parcel 102 memo to BCC August 7, 2019 Page 12 In order to accommodate the planned improvements to 66th Avenue, the County needs to acquire approximately 3.75 acres from Harris Groves to be used for right-of-way. Site improvements consisting of a barbed wire fence and a flow well for irrigation lie within the area of take. Construction plans for this section of 66th Avenue call for the County to acquire a 156' deep strip along the length of the eastern border of the property. A sketch and legal description of the right-of-way are found below in this memo as Exhibit 11B". The total property needed is ± 10% of the Parcel, leaving a remainder of 34.10 acres. R iXH I Iii 1 -B-1 LFNCTH A01 01 30.00 TRACT 1D .0. ONINU- YCALCtJLATEO)' GEARING N 00,13 •03"W 1-00-1 2.27-W 30• 30• R//W RESERVATS" NOIAN 121Vf_f3 FARMS CO. (PLAT O K 2. ACE ze -Gsi: PI :uclE> :t. STREE-I-. CANAL CANAL ANE 5613 "39'0 728_01. 52501000001001000001_O PL R VI -R F(�OL OA i0. 0 (T. K LUCIEJ TRACT 1 •"TRACT EAST UNE ' AVE. Bnn.SELINE FARCEL_.•, U2 I03..DB3 S0 -FT. 3.75 A00E0 N W� E Cj1L.A1 ,111. SCAx 13 100. • • 'N�IAN RIVER !*ARM'S CO. = I T 000K 2.. OE 25 Z I (SYRAGY In� Id I� 1 38.04 20• 1.401 •0209"E SCUT I UNE TRACT G 120.30. LE G.ELII2 SECTION LINE — EASEMENT LINE 00PERn LIF E M•RAO00L EO HT OWAT T OF WAV UNE P.O.C. 11010 OF COMMENCEMENT R/W R GIT ow AY NNINO ORO OFFICIALRECORDS'GOOK l ' 3�.� PG PAGr GOOK Jam_ ___.r�•s ....�N ....w ei o Kimley >>> Horn 1n y LEGAL CESCfZIPT10N�AN10 SKF TCH OF 1A1-2CC-L 102 `�.,..�.. ...-...-«... .�....�..�..... o�rc.su.•I INDIAN RIVER COUNTY. IF LCD Ft MA 7 OF 2 TRACT '3 439 Harris Groves Parcel 102 memo to BCC August 7, 2019 Page 13 I66th AVWNUE- PARCEL 702 �il4C-!l CTF LYA�PAI'iCEL ALL Cp TAIN PIECE. � CL OR TRACT OF LAND SITUATE. LYING ANO 9EINC ACCOlRx OINO _O THECLA{T SECN RA_L B�� O SHIP, 30S �OUTi, RANGN 39 FAS_ARMS .+..-STMLUCIE OUNn� FLORIDA PNAOW LOYIONC 2ANOA 0IG INFINOIAN VECRTCO T OFA FLORIDA; SATO IJ Nps BEINCJ ORE PARTICULARLY OESGR10E0 AS FOLLOW.I. Tb W , • COMMENCING FOR. REFERENCE AT THE NORTHEAST.' CORNER OF SATO SECTION 10:'T EECNIOSJ Og.'.ri TAi11E O96900WEST y'OLAONIGDITNHE 0007H L00 OSAID EN CI�,OLFEET�TOSTHDC NP N AN f.. LACE OF SBL4IN NINE OYTyC EMCfiGNOULSCRIp EO PARCflO. D TENCE. CONTINUE ^OUThI 00'12"'L ^PWEST LONG THE EAST UNFOOI}ASAID TRACT 't A. OISTAN CE OF ,2fitl.Ol FEET TO POINT VN TINE; SOUTH UNE O TRACT 1; • al5q1SFLIN L., ANpISTA190E^Pif UN�'tlDEARINO R P 'p0'64- WEST, ALON0 SA10 12 _ FEET TO A OINYI T ENH .0-F TV4TO5A POSiNT:m LINO. 00011Ot O2'UG� EAST. A 015TANCE OIENT dNRTHLI SOUTHR t. NF Or'CANA4 AT, A DISTANCE OF 1.200.00 00011 'ITJ A 12G.00E(-EGT TO Ti E4l�O,NY O �pEO1n N,Nd. ALQNO 5%+10 SOUT}i UNE. A DISTANCE OF 73 AGYVC DMOREBOR I..ESS.1�: TDIJCLiiCT TO A L EnSET2 TS,'tg NDITI6N5 ANON 1 OR RESIRICTOI�IS £ CON TAINI,O WI N T'HE Cle N OF S'CT72V7^YO12S N'O TTE 1)71-415 ENT =UKIY VCY1 OF 1-00AL OESCRIPTION ONLY. NOT A OOUNOARV 2J THE BE NRINO B�OSY FOR THIS SURVEY. IS 71-0 CA0T U ' NC 5001100 1Q. SAIL> UNE GEARS 01RT'H 2'27' EAST. JEEP ROTHpEC^ OCP 0o OH5S_ORAWNOY BECK OISYORTEU 000100 -T 11-110 CAECAL DESCRIPTION O SKETCH 10 0ASE0 0 PRELIMINARY RICHT OF WAY 0 ^ FOR BETH *VENNE 05 EPARE0 0Y p1R0ETTE O ASSOCIATES. OATEO -tO-Del. 5 pIRECTT-:D OIAN RIVER COUNYY, 'LORIOA. _--{ Kimley»>Horn w o>soT I LEGAL DESCRIPTION ANO SKETCH OF PARCEL 102 INDIAN RIVER COUNTY, FLORIDA 2 OF 2 A recent appraisal establishes the value of the partial taking at $85,100. In a letter dated May 131, 2017, the County offered Harris Groves $86,250 for the 3.75 acres making up Parcel 102. The offer was based on a value of $23,000 per acre. No severance damages were assessed with the most recent appraisal. Due to the size of the parent parcel, staff did not make an offer on the entire parcel. However, back in 2008, the Board extended an unconditional offer on the Harris Groves parcel in the sum of $148,350. That offer consisted of the value of the land taken of $114,000 ($30,367.61 per acre) with severance damages in the amount of $15,000 plus a 15% bonus in order to defray possible attorney's fees bringing the unconditional offer to $148,350. Severance damages were deemed to apply as the take will result in a 10% reduction to the size of the property. A pre -suit mediation conference was held on July 11, 2019, with Harris Groves. The partnership consists of Mr. and Mrs. Harris and their sons Billy and Marlon. Also in attendance were the attorney for Harris Groves David Holloway, Public Works Director Rich 'Szpyrka, and the Deputy County Attorney. Attorney Randy Brennan was the mediator. 440 Harris Groves Parcel 102 memo to BCC August 7, 2019 Page 14 The County's initial appraisal of the Parcel was performed by Armfield & Wagner and they assigned a value of $85,100 for the 3.75 acres of right-of-way. The appraiser retained by Harris Groves valued the Parcel at $646,000 for a partial take. After further discussion, the parties reached an agreement under the following terms: 1. Harris Groves would convey the 3.75 acre right-of-way parcel (Parcel 102) to the County for the sum of $218,500. The breakdown of the purchase price would be as follows: $35,250/acre x 3.75 acres = $132,190 + $59,500 severance damages (5% of the remainder 34 acres) + $27,000 to remove and replace the 1,298 feet of fence and regrade the dirt road along the entire length of the inside of the fence for a total of $218,500 (figures were rounded for ease of settlement). 2. The planned left turn median cut will be located so that the centerline of the median cut will correspond with the southern boundary of the Harris Groves property. 3. The County (or its contractor) will construct a 14' wide driveway at 66th Avenue expanding to 36' at the southern -most border of the remainder of Parcel 102. 4. The County has no objection to Harris Groves installing a code compliant culvert for access to the remainder property from 61st Street, subject to approval of all other jurisdictions. 5. Within 30 days after closing, the County shall stake the new right-of-way line and the location of the 61st Street driveway. 6. The County shall pay the sum of $44,022 in attorney's fees and $24,230 in costs to Harris Groves. These construction conditions were approved by the Public Works Director. By purchasing the property in advance of filing a lawsuit, staff is attempting to save on expert witness fees that would have been incurred by both parties. Pursuant to eminent domain statutes, the County is responsible for paying reasonable expert witness fees incurred by both parties. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed, depositions of the experts are taken and mediation is held. The County has achieved significant savings in this case by not having to hire our trial witnesses (appraiser, engineer and land planner), outside counsel and compromises on attorney's fees and expert costs. At the conclusion of the mediation conference, the parties entered into a Pre -Suit Mediation Settlement Agreement which is found below as Exhibit "C". FUNDING: Funding for this acquisition is budgeted and available from Traffic Impact Fees/District I I/ROW/66th Ave/49th Street -65th Street- Acct #10215241-066120-07806. STAFF RECOMMENDATION: Staff recommends the Board approve the mediation agreement to purchase the 3.75 acre Harris Groves property for $218,500 with the stated 441 Harris Groves Parcel 102 memo to BCC August 7, 2019 Page 15 conditions, approve costs incurred by Harris Groves of $24,230 and approve the settlement of attorney's fees of $44,022 and authorize the Chairman to execute the Pre - Suit Mediation Settlement Agreement on behalf of the Board. Copies to: David Holloway, Esq. Exhibit "C" Pre -Suit Mediation Settlement Agreement INDIAN RIVER COUNTY (hereafter Petitioner) vs. Harris Groves, a partnership (PARCEL 102) (hereafter Defendants) PRE -SUIT MEDIATION SETTLEMENT AGREEMENT The above named Petitioner and Defendants have reached the following agreements in full and complete resolution of the above styled pre -suit claim, which arises out of an eminent domain claim by the Petitioner against the property owned by the Respondents and located at on 66th Ave, Vero Beach FL 32967, (Hereafter "Parcel 102") the legal description of which is included on exhibit A: 1. Within 20 days of the County Commission approving this Agreement as described herein, the Petitioner agrees to do the following: A. The Petitioner will pay to the Defendant the total sum of $218,500.00 (Two Hundred Eighteen Thousand Five Hundred Dollars) for Parcel 102; and B. The Petitioner will pay the Defendant $44,022.00 (Forty Four Thousand Twenty Two Dollars) in attorney's fees, including any non -monetary claims for 442 Harris Groves Parcel 102 memo to BCC August 7, 2019 Page 16 fees; and C. The Petitioner will pay Defendant $24,230.00 (Twenty Four Thousand Two Hundred Thirty Dollars) in reimbursement for Defendant costs. 2. Within 20 days of the County Commission approving this Agreement as described herein, the Defendant agree to do the following: a. The Defendant will convey to the Petitioner clear title to the real property described as the "Right of Way Parcel" on Exhibit A. (Parcel 102 containing 3.75 acres or 163,552 square feet +/-) 3. The Petitioner agrees to construct a driveway from 66th Ave onto Parcel 102 at a 6% slope (with a 36' width where the driveway connects to 66th Avenue and at least 14' width at the right of way line) during the planned 66th Avenue roadway widening project (hereafter the Road Project). Depending on the engineering requirements, the driveway may extend into Parcel 102, in which case Defendant agrees to give Petitioner a temporary construction easement or right of entry to construct the driveway. The driveway will be concrete to the right of way line and will be located at the median cut described below. 4. The Petitioner agrees that a median cut will be installed during the Road Project and that the median cut will be centered on the property boundary between Parcel 102 and the next property to the south. Further, the Petitioner agrees to install a left turn lane at this median cut for northbound 66th Ave traffic. 5. The Petitioner agrees that it has no objection to Respondent installing a 443 Harris Groves Parcel 102 memo to BCC August 7, 2019 Page 17 code compliant culvert and driveway along 61st Street, however the parties agree that such culvert is subject to approval by the water management district with jurisdiction. The Petitioner will provide the driveway curb cut for this driveway as shown on the Petitioners plans. 6. Within 30 days after the closing the Petitioner will stake the new right of way line and the driveway located on 61st street. 7. This entire Agreement is subject to and contingent upon approval by the Indian River County Board of County Commissioners (Hereafter the Board). The Petitioner will put this Agreement on the agenda for the next available Board meeting and the County Staff will recommend Board approval of this Agreement. If the Board fails to approve this Agreement, then this entire Agreement is void. 7. Except as stated herein, all parties to this agreement further agree to bear their own costs and fees. 8. The Petitioner will pay the entire cost of the mediation. 9. This agreement is final and binding as of the date and time it is signed by or on behalf of the parties. 10. Other agreements: None 444 Harris Groves Parcel 102 memo to BCC August 7, 2019 Page 18 Done and agreed to on this 11th day of July, 2019 in Vero Beach, Florida. WILLIAM K. DEBRAAL, ESQUIRE Harris Groves Indian River County Attorney Respondent/Representative William E. Harris, Sr. Shelby Harris William E. Harris, Jr. Craig Harris DAVID W. HOLLOWAY, ESQUIRE Attorney for Respondents H. RANDAL BRENNAN, MEDIATOR Mediator #:15632CR 445 31 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 5, 2019 SUBJECT: Vaping Update BACKGROUND On June 18, 2019, the Indian River County Board of County Commissioners (the "Board") voted to direct the County Attorney's Office to research ways to regulate vaping. NicotineProducts Regulation in Florida Laws related to nicotine products are substantially the same as tobacco laws in the following ways: 1) The sale, delivery, or giving of nicotine products or nicotine dispensing devices to any person under 18 years of age is prohibited and punishable as a second degree misdemeanor. 2) Persons under 18 years of age are prohibited from knowingly possessing, purchasing, or misrepresenting their age or military service to obtain nicotine products or nicotine dispensing devices commit a noncriminal violation. A person who violates this commits a noncriminal penalty. 3) Retail dealers of nicotine products and nicotine dispensing devices are required to post signs that the sale of nicotine products and nicotine dispensing devices to persons under 18 years of age is prohibited. 4) Nicotine products or nicotine dispensing devices may not be sold or delivered by self-service merchandising, except when such products are under the direct control, or line of sight where effective control may be reasonably maintained by the retailer or their agent or employee. Laws related to nicotine products and nicotine dispensing devices are different from tobacco laws in the following ways: 1) Retailers are not required to obtain a tobacco products dealer permit from the Division of Alcoholic Beverage and Tobacco (the "Division"). 446 Board of County Commissioners August 5, 2019 Page Two 2) Retailers are not subject to inspection without a search warrant. 3) Manufacturers and distributors of nicotine products and nicotine dispensing devices are not required to obtain a permit from the Division. 4) The requirements for remote sales of tobacco products do not apply to nicotine products or nicotine dispensing devices. Pursuant to section 569.003, Florida Statutes, the annual fee for a retail tobacco products dealer permits may not exceed $50. Permits may be issued only to persons who are 18 years of age or older or to corporations the officers of which are 18 years of age or older. The Division may refuse to issue a permit to any person, firm, association, or corporation the permit of which has been revoked, to any corporation an officer of which has had his or her permit revoked, or to any person who is or has been an officer of a corporation the permit of which has been revoked. The Division may revoke the permit of the dealer upon sufficient cause appearing of a violation of any of the requirements of Chapter 569, (Tobacco Products). Indian River County Regulations In 2013, the Board enacted Ordinance 2013-16, which modified the definition of tobacco products to include electronic nicotine delivery devices. The ordinance defined an electronic nicotine delivery device as a device or product that produces a vapor that delivers nicotine or other substances to a person inhaling from the device to simulate smoking and that is offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product. Thus, due to the ordinance, the existing prohibition on the sale, or display for sale of tobacco products by means of self-service merchandising now applies to electronic nicotine delivery devises. Additionally, only vendor assisted sales are allowed, unless access to the premises by persons under the age of eighteen is prohibited by the person, business, tobacco retailer, or other establishment or prohibited by law. Proposed Legislation Earlier this year, the Florida Legislature considered House Bill 7119, which would have: 1) Increased the minimum age to lawfully purchase and knowingly possess tobacco products, nicotine products, and nicotine dispensing devices in Florida from 18 to 21. 2) Prohibited the sale, delivery, bartering, furnishing, shipping, or giving tobacco products, nicotine products, or electronic nicotine dispensing devices to persons under the age of 21. 3) Preempted the establishment of the minimum age to possess or purchase nicotine dispensing devices, nicotine products, and tobacco products, and the regulation of the marketing of such products to the State. However, such preemption would not have prohibited a local government from requiring licensure for the retail sale of tobacco products. Recent Ordinances On January 22, 2019, the Alachua County Board of County Commissioners approved Ordinance 2019-04. This ordinance established an annual County distribution license for those selling tobacco products, which includes e -cigarettes. The County would not grant a license for a new location that was 1,000 feet of any public high school, middle school, or elementary school. The ordinance also prohibited sales of tobacco products, including e -cigarettes to any person under the age of 21. 447 Board of County Commissioners August 5, 2019 Page Three Regulatory Options One option for the Board to consider would be to add a legislative priority that the Florida Legislature enact legislation that would require retailers, manufacturers and distributors, of nicotine dispensing devices to obtain similar licenses and have similar regulations as those that exist for tobacco products dealers, manufacturers and distributors. On a local level, the Board could consider adopting a local licensing program for tobacco products, including nicotine dispensing devices, in a similar manner as that implemented by Alachua County. Please note that the County Attorney's Office has not researched the costs needed to regulate such a regulatory system. Finally, the Board may wish to consider a requirement that any retailer of nicotine dispensing devices must also obtain a tobacco products dealer permit from the Division. Please note that the County Attorney's Office has also not researched the costs needed to enforce' such a requirement. The County Attorney's Office seeks guidance from the Board as to how it wishes to proceed forward with respect to local or state regulation of vaping. 448 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 31, 2019 SUBJECT: Opioid Litigation Update BACKGROUND On March 6, 2018, the Indian River County Board of County Commissioners (the "Board") voted to direct the County Attorney's Office to stay updated on opioid litigation, communicate with the Indian River County Sheriffs Office and the Indian River County Emergency Services District, and report back to the Board with any updates. Recently, the County Attorney's Office was approached by a law firm recommending that Indian River County should file an opioid lawsuit in federal court. As noted in the County Attorney's Office memorandum, presented to the Board on March 6, 2018, the Indian River County Emergency Services District data indicates that there were approximately 50 responses to opioid incidents per year in 2012, 2013, and 2014. The number increased to approximately 80, 130 and 150 in 2015, 2016, and 2017, respectively. The total direct costs of a response to a call is $600. Although it is unknown the amount of insurance proceeds Indian River County has received related to these calls for service, Indian River County averages reimbursement for almost 80% of calls for service. Opioid Epidemic Opioids are prescription narcotics possessing properties similar to opium and heroin. While opioids can ease pain, they also can create an addictive euphoric high in users. Currently, the country faces what has been deemed an opioid epidemic, a rapid increase nationally in the use of prescription and non- prescription opioid drugs. Recently a database maintained by the Drug Enforcement Administration that tracks the path of every pill sold was made public. The data shows that the areas in Appalachia were hardest hit by the epidemic. For instance from 2006 to 2012, there were 38,269,630 prescription pain pills supplied in Mingo County, West Virginia. That is enough for 203 pills per person per year. Florida was also impacted with 5.5 billion prescription pain pills supplied in Florida between 2006 and 2012. During that time period, almost 42 million prescription pain pills were supplied in Indian River County. That is roughly 44 pills per person per year. 14,886,240 of the pills were distributed by Walgreen Co. and 18,123,280 were manufactured by Actavis Pharma, Inc. Although more pain pills were supplied in St. Lucie County, 64,898,867, the per person total was less than that of Indian River County, at 34 pills per person per year. And 39,431,144 pills were supplied in Martin County during that time period, which equates to 39 pills per person per year. 449 Board of County Commissioners July 31, 2019 Page Two The opioid epidemic also saw many people travel to Florida for the cheap pill mills. By 2010, 90 of the nation's top 100 opioid prescribers were Florida doctors, and 85% of the nation's oxycodone was prescribed in Florida. In 2010, about 500 million pills were sold in Florida. In 2010, 4,282 people died in Florida with oxycodone or another prescription opioid in their system, with 2,710 of the deaths deemed overdoses, according to a state medical examiners' report. In 2011, the State of Florida started to use computerized systems tracking the sale of legal narcotics and the Legislature tightened the state's drug laws, including a ban on doctors and clinics dispensing opioids onsite and setting limits on the number of pills most patients could receive. Within a year, the number of pill mills registered with the State of Florida fell from 921 to 441 and by 2014 there were 371. And recently, the State of Florida Medical Examiners Commission released its interim 2018 data, which showed that overall drug-related deaths were down five percent and opioid -caused deaths were down 13 percent. The data was compared to the same time for 2017. Opioid Litigation State attorneys general, local governments and other public entities nationwide have fled lawsuits as a result of damages suffered due to the opioid epidemic. In November 2017, a panel of federal judges decided to combine the separate federal actions filed by various local governmental agencies against the pharmaceutical industry into one single Multi District Litigation in the Northern District of Ohio. The case was assigned to Judge Dan Polster. There are now approximately 1,800 combined cases before Judge Polster. The cases accuse Purdue Pharma and other drug manufacturers, along with drug distributors like McKesson, AmerisourceBergen, and Cardinal Health and national pharmacies of responsibility for opioid -related harm. The first trial is scheduled for October 2019. On June 14, 2019, it was announced that attorneys for local governments unveiled a plan that could lead to a global settlement of the federal lawsuits. The plan would create a negotiation class consisting of every local government in the country. If a local government does not opt out up front, it would be presumed to have opted into the settlement. Reports indicate that in order to determine what each local government would receive, an interactive map was created that would show each local government their expected share of any proposed settlement. The amount each Local government would receive would be based on the amount of drugs shipped to the jurisdiction, the number of overdose deaths in the jurisdiction and the number of people addicted in the jurisdiction. Pharmaceutical distributors and attorneys general in 39 states, including Florida, have filed objections to the proposal. A hearing on the proposal is scheduled for August 6, 2019. On the state law front, the first opioid civil lawsuit to go to trial wrapped up recently in Oklahoma. The Oklahoma lawsuit originally targeted three drug makers, but Teva Pharmaceuticals and Purdue Pharma settled with the State of Oklahoma for $85 million and $270 million, respectively, before the trial began on May 28. The case continued with Johnson & Johnson as the sole defendant. Judge Thad Balkman of Oklahoma state district court heard the case and has indicated that he plans to report his findings before the end of August. The State of Oklahoma is seeking up to $17.5 billion to address the opioid crisis in the state. In Florida, several local governments filed state court actions, however, some, if not all of those cases, such as the lawsuits file by the City of Miami and Alachua County, have been removed to federal court and then combined with the MDL. RECOMMENDATION This is an information item. There is no recommendation. 450 -eAM-e.ro c Attorney's Matters - B.C.C. 08.13.19 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: August 8, 2019. SUBJECT: Agriculture Advisory Committee Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the position of "Associated Industry" representative vacancy on the Agriculture Advisory Committee, which term expires in January 2021. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position, whose resume and application is available for review in the Commissioners' Front Office area: Anna Kirkland RECOMMENDATION. The County Attorney recommends that the Board review the applicant's resume and application, and determine whether to appoint her to fill the unexpired term for the "Associated Industry" representative to the Agriculture Advisory Committee. ATTACHMENTS Application. Resume F.•IAttorneylCltristinalCOMM1TTEESlGeneral MattersWBCCAgenda MenmsIAAC- Menet etc1190808 Committee Vacancy Appointment (AAC) - KirklandA.docx Name: INDIAN RIS/ER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT 'Anna Kirkland Full Name:lAnna kirkland Street Address (No P.O. Boxes): Home Phone: 17724733603 Date: RECEIVED AUG 1 2019 BOARD .OF COUNTY CrMMISSION 07130119 1 Email Address: laLakirklandi@yahoo.comj 2.860 Quay Dock Road, Vero Beach, FL 32967 Work Phone: 17724921850 I How long have you been a resident of Indian River County? Cell Phone: 17724733603 I 37 years Are you a. full.or part time reeldent? Check one: Full Time 1ZPart Time Please list current empioyer.or business. If retired, please listeny business experience that may be eppliCableto the committee. 'VP, Kirkland Harveating, Inc. President, Indian River Cattlewomen's Please list any licenses you presently hold: Please list any organization of which you are currently a member President, Indian River Caftlewomen Sustainer, Indian River County Junior League Please Hat any other committees or boards you currently sit on: Economic Development Committee Continued on next page Anna Kirkland (772). 473-3603 annakirklandl@ vaboo.com PROFESSIONAL, SKILLS • Certified Florida Notary • Microsoft Office (Outlook, Excel, Word, Access, Power Point) • Adobe Photoshop, Adobe Acrobat.Professional, Printmaster Programs; Invoices & Estimates Pro, Timberline. Quickbooks, Acuity Scheduling Software • Type 70-75 wpm, ten key typing • Office.procedures and administration • Operate nnultiple phone lines, fax mac.hines, copy machines, dictation machines, scanners EMPLOYMENT SKILLS • Experience exercising discretion and confidentiality with sensitive company information .• Ability to work in a. fast -paced environment • Self -motivated and require little supervision • Maintained all record-keeping procedures without error • Effective and personable telephone communication skills • Excellent customer service-skills.and diplomatically resolve customer disputes EMPLOYMENT Client Coordination Manager / Executive Assistant Year .Employed 2013= Present • Twenty Flrst Century Engineering, Vero Beach; FL • Coordinate daily calendars of president • Act as the point of contact and. communicates between president and employees/clients Coordinate inspections, depositions .arid, trials with office staff and clients • Handle confidential information with discretion daily • Maintain bundreds,of current cases and database management • Facilitate internal_ corrirnunication (e.g. distribute information and schedule presentations) Make travel arrangements • Suggest more efficient ways to: nun. the office and troubleshoot malfunctions Vice President of Operations • Years Employed 2005 - Present Kirkland Harvesting, Inc.., Sebastian, FL e Preparing and.processing work in progress.and billings • Reviewing and reconciling account balances •• Tracking. the turnaround times for the billing cycle • Tracking, cattle turnaround Anna Kirkland Resume Page 1 of 2. Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE 111 AGRICULTURE ADVISORY COMMITTEE 1 sE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE E , CHILDREN'S. SERVICES ADVISORY COMMITTEE 111• CODE ENFORCEMENT BOARD El COMMUNITYDEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT &APPEALS ECONOMIC DEVELOPMENT COUNCIL fl • ENVIRONMENTAL CONTROL HEARING BOARD. II MPO BICYCLE ADVISORY COMMITTEE fl MPO CITIZENADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE. 11 TOURIST DEVELOPMENT COUNCIL 17 TRANSPORTATION DISADVANTAGED LOCALCOORDINATING BOARD (1 TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ri • VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN! INDIAN RIVER COUNTY 1-1 1-1 00:6:4001)(*g.Tett..#4,*:.690:0§tidA0064,19kr010%*.jtkA0-0#rt i40.91§, to the Board of County Commission office, -.1601 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: AH applications are kept on file for 6 months. Print • A5b August 13, 2019 Item No., /11P/ INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 6, 2019 SUBJECT: IRLNEP CCMP Resolution of Support FROM: Susan Adams Commissioner, District 1 I respectfully request a discussion and support of a Resolution for support of IRL Council Adoption of the Indian River Lagoon National Estuary Program Comprehensive Conservation and Management Plan: "Looking Ahead to 2030". 451 RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONER OF INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT FOR IRL COUNCIL ADOPTION OF THE INDIAN RIVER LAGOON NATIONAL ESTUARY:PROGRAM COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN: "LOOKING AHEAD TO 2030". WHEREAS: Indian River County is a member of the IRL Council, an independent Special District of Florida pursuant to an Interlocal Agreement created in 201zd amended in 2017; and WHEREAS: the IRL Council was created with the sole agency for the Indian River Lagoon National Estuary Pro: q WHEREAS: the IRL Council and IRLNEP hav • VISION: Healthy Ecosystem—Healthy Commune opted t les MISSION: One Lagoon — One Co unity — One Voic PROMISE: Clean Water for People GOALS: 1. To attai healt e 2. To a tai endangere tuarine o ac. man n n ;,g main a an ve hei t m-�toffhe an deve to r serve, 4. To identi programs WHER. Conference) in a and implement a C and improve coastal , the l o -r • e ur pos- 0 y LNEP); e following: rve as the host onomy in water an o ediment .; sufficient quality to support a on ecosyste • n a functionin;,, -althy ecosystem which supports ate _Q22_isheries, commerce and recreation; w reness and coordinated interagency ed e pu L ecosystem; and p =term funding sources for prioritized projects and otect, restore and enhance the IRL; and LNE� -ngages.Indian River Lagoon partners (IRLNEP Management gu ory, consensus -driven, and science -based process to develop ensive Conservation and Management Plan (CCMP) to protect ironments, communities and economies; and WHEREAS, the IRLNEP Management Conference developed a revised IRL CCMP: "Looking Ahead to 2030" that represents a science -based pathway to restore ecosystem and economic health to the IRL that is long-term, non -regulatory, consensus -driven, and community-based; and WHEREAS, the final CCMP was revised with significant input from citizens throughout the IRL watershed; and 452 WHEREAS, the final CCMP was reviewed by the U.S. Environmental Protection Agency at Region IV (Atlanta) and Headquarters (Washington DC). The IRLNEP received a certification letter dated July 23, 2019 from the U.S. EPA verifying that the CCMP revision is consistent with the U.S. EPA CCMP Revision and Update Guidelines and NEP Funding Guidance. Therefore, the CCMP revision is considered final by the U.S. EPA. NOW THEREFORE BE IT RESOLVED that the Indian River County Board of County Commissioners encourage's the IRL Council to adopt the Indian River La:oon Comprehensive Conservation and Management Plan: "Looking Ahead to 2030" and t a forward with Indian River Lagoon partners to implement the plan. 1 This Resolution was moved for adoption by Commis .' • er motion was seconded by Commissioner d upA vote was as follows: , and the g put to a vote, the Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. FI she Commissioner Tim Zorc Commis teT i \D. O'Bryan The ha rm ther day of on declared esolution duly passed and adopted this Attest:. Jeffrey R. Smiilr , of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency By: Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman 453 /5!1 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Emergency Services District Meeting Minutes - Draft Tuesday, May 7, 2019 Commission Chambers Board of Commissioners Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Randi Wardlow, Deputy Clerk 454 Board of Commissioners Meeting Minutes - Draft May 7, 2019 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District The Board of County Commissioners reconvened as the Board of Commissioners of the Emergency Services District. The minutes will be approved at an upcoming Emergency Services District meeting. 15.A.1. 19-0212 Approval of Minutes. Meeting of December 18, 2018 Recommended Action: Approve Attachments: 12182018ESD Draft Approved 15.A.2. 19-0154 Approval of Minutes Meeting January 8, 2019 Recommended Action: Approve Attachments: 01082019ESD Draft A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to approve the Emergency Services District Meeting Minutes of December 18, 2018 and January 8, 2019. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 15.A.3. 19-0361 Approval of Purchase for Special Rescue Truck Recommended Action: Staff recommends the Board waive the requirement for bids and authorize the County Administrator to sign any necessary documentsfor the purchase (after review and approval by the County Attorney as to form and legal sufficiency) and approve payment in the amount up to $109,000.00 to Avlaton Volunteer Fire Department for the purchase of the special rescue truck. Attachments: Staff Report Quote RS12427 Commissioner Zorc complimented Emergency Services Director and Fire Chief Tad Stone for acquiring a unique piece of equipment at a favorable price. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc Indian River County Florida Page 1 455 /5/43. Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www. ircgov. com Emergency Services District Meeting Minutes - Draft Tuesday, June 11, 2019 Commission Chambers Board of County Commissioners Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Randi Wardlow, Deputy Clerk 456 Board of Commissioners ESD Meeting Minutes - Draft June 11, 2019 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. 19-0364 The Board of County Commissioners reconvened as the Board of Commissioners of the Emergency Services District. The minutes will be approved at an upcoming Emergency Services District meeting. Approval of Property Lease Extension for Temporary Location of Fire Rescue Station #7 (1893 90th Avenue) Recommended Action: Staff recommends approval of the third one (1) year lease extension. Attachments: Staff Report Lease Extension Agreement Station 7 There was no discussion regarding this item. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc Indian River County Florida Page 1 457 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director of Emergency Services FROM: Erin Baskins, Staff Assistant IV DATE: August 5, 2019 SUBJECT: Approval of Affiliation Agreement Renewal between Health Career Institute, LLC and Indian River County Emergency Services District It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services Board of Commissioners at the next scheduled meeting. DESCRIPTION: On January 16, 2018, the Board approved Indian River County Department of Emergency Services to enter into an affiliation agreement for the purpose of providing education oversight as it relates to preceptor mentoring with Health Career Institute, LLC. Indian River County Emergency Services District currently provides services for paramedic students from other training facilities to ride with experienced paramedics for the purposes of training and education. Indian River County Fire Rescue hires from an applicant testing and eligibility list and a majority of the time these individuals come from local schools. Numerous applicants (local and non -local) receive education from Health Career Institute, LLC and we have hired many of these students into our workforce. The agreement allows for three (3) additional one (1) year renewals by mutual consent of both parties. Staff is requesting to renew the Affiliation Agreement for the first one (1) year renewal term, and shall expire on January 15, 2020. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends approval of the first one (1) year extension of the Affiliation Agreement between Health Career Institute, LLC and Indian River County Emergency Services District. ATTACHMENTS: 1. First Extension of Affiliation Agreement between Health Career Institute, LLC and Indian River County Emergency Services District 458 FIRST EXTENSION OF AFFILIATION AGREEMENT BETWEEN THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AND THE HEALTH CAREER INSTITUTE, LLC This First Extension of Affiliation Agreement (First Extension) is entered into by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special district, whose mailing address is 4225 43rd Avenue, Vero Beach, FL 32967, hereinafter COUNTY and HCI ACQUISITION LLC, a Delaware limited liability doing business as HEALTH CAREER INSTITUTE, LLC, whose location address is 1764 N. Congress Avenue, Suite 203, West Palm Beach, FL 33409, hereinafter HCI do hereby agree as follows: WHEREAS, the COUNTY and HCI entered into an Affiliation Agreement (Agreement) with an effective date of January 16, 2018 for EMT and paramedic students who attend HCI to obtain "on the job training" by conducting ride -a -longs with County Emergency Services District personnel; and WHEREAS, the parties have found the Agreement to be mutually beneficial; and WHEREAS, the Agreement provides for three one year renewals; and WHEREAS, the COUNTY and HCI desire to renew the Agreement for an additional one year period. NOW THEREFORE, the parties do agree as follows: 1. The above recitations are true and correct and incorporated herein by reference in this Agreement. 2. The Agreement with the effective date of January 16, 2018, is hereby extended until January 15, 2020, nunc pro tunc. 3. The remaining terms of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF the COUNTY and HCI has caused these presents to be executed in their names, the day and year first above written. HCI ACQUISITION LLC, a Delaware limited liability d/b/a HEALTH CAREER INSTITUTE, LLC By: , Its: (printed name) (title) Date: 459 INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT By: Bob Solari, Chairman Date Approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 460 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 2, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Final Pay to Geosyntec for Work Authorization No CCNA-2018 WO No 4 — Evaluation of Landfill Liquids Management Options Descriptions and Conditions: On February 19, 2015, the Solid Waste Disposal District (SWDD) Board approved CCNA-2018-Work Order No. 4 to Geosyntec Consultants, Inc. (Geosyntec) to provide Class I Landfill professional services for the Feasibility of Landfill Liquids Management Options, not to exceed the amount of $30,989.00. Geosyntec's scope of work was authorized to include general consulting, meeting support and project management; review of liquids chemistry and flow data; evaluations of liquids management options; and preparation of technical memorandum. Analysis: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount, including the final invoice of $6,606.50. After final payment, the total amount paid to Geosyntec will be $30,989.00, which is the amount budgeted. Geosyntec's letter report describes in more detail the services provided under this work order. Funding: Funding for this work is budgeted and available in the Other Professional Services account number 41121734-033190. Description Account Number Amount Other Professional Services 41121734-033190 $6,606.50 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Geosyntec's final invoice amount of $6,606.50. Attachment: 1. Geosyntec Project Completion Report & Final Invoice (On file in the Department of Utility Services). 461 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: July 31, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District /58 Subject: Final Pay to CDM Smith for CCNA 2018 Work Order No. 2 — Contamination Evaluation Plan Implementation Descriptions and Conditions: On January 15, 2019, the Solid Waste Disposal District (SWDD) Board approved CCNA 2018 Work Order No. 2 to CDM Smith to prepare a Contamination Evaluation Plan on behalf of the Indian River County Landfill. The Authorization was executed with -a not to exceed budget of $47,175. Analysis: CDM Smith has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount, including the final invoice of $2,358.75. After final payment, the total amount paid to CDM Smith will be $47,175. CDM Smith's letter report describes in more detail the services provided under each task. Funding: Funding for this work is budgeted and available in the Engineering Services account which is funded from SWDD assessments and user fees. Description Account Number Amount Engineering Services 41121734-033130 $2,358.75 Recommendation: Staff recommends that its Board approve CDM Smith's final invoice amount of $2,358.75. Attachment: 1. CDM Smith Project Completion Report & Final Invoice (On file in the Department of Utility Services). 462 X563 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 2, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Update on Potential Transition to Mandatory Garbage Collection Descriptions and Conditions: On July 17, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board discussed and voted to include the costs for six (6) months of mandatory garbage collection (starting April 1, 2020) within Unincorporated IRC areas on the preliminary Truth in Millage Rate (TRIM) notices issued by the IRC Property Appraiser. Specifically, the SWDD Board approved a proposed Solid Waste Residential Charge of $75.56 per Waste Generation Unit (WGU), which equates to a rate of $120.90 per Equivalent Residential Unit (ERU) for all municipalities and a Solid Waste Residential Charge of $107.44 per WGU, which equates to a rate of $171.90 per ERU for Unincorporated IRC. This initial approval is subject to final SWDD Board review at the Budget Hearings/Meetings starting at 5:01 pm on September 11, 2019, and September 18, 2019. Subsequently, the IRC SWDD Board, at a Special CaII Meeting on July 23, 2019, approved a proposed Solid Waste Residential Charge of $107.44 per WGU, which equates to a rate of $171.90 per ERU rate for the Unincorporated IRC properties within the Urban Service Area (USA), and to approve the proposed Solid Waste Residential Charge of $75.56 per WGU, which equates to a rate of $120.90 per ERU for Unincorporated IRC properties outside the USA. On Friday, July 26, 2019, at the request of the IRC Property Appraiser, staff submitted a final list of approximately 36,960 residential parcels for the Unincorporated IRC properties within the USA and also included the Traditional Neighborhood Districts (TNDs) that would have the proposed rate of $107.44 per WGU. Please note, this number does not include multi -family residential properties that are serviced by a dumpster, and that there may be some outliers that may have been missed due to limitations in time to prepare this list. The TRIM notices are anticipated to be issued on Monday, August 12, 2019. Staff also requested information from Waste Mangement regarding the mandatory collection rate and the process to implement the change by April 1, 2020. 463 Analysis: One of the primary reasons that the SWDD Board is considering mandatory collection is due to the identification that there are residents within the USA and TNDs that are using their residential recycling carts for garbage service. Several months of field audits starting in June 2019 have resulted in tagging approximately 800 carts through August 1, 2019. In addition, the IRC Code Enforcement Division has issued approximately 50 Notice of Violation letters; however, the overall contamination problem remains. Going to mandatory garbage collection would not completely eliminate recycling contamination, but it certainly would provide the necessary framework for the residents to not use the recycling carts for garbage service. In comparing the June 2019 service information from Waste Management, staff has estimated that there are approximately 26,825 carted customers within the USA and TND areas. Comparing this to the 36,960 parcels, there are approximately 10,135 new customers that would receive collection service from Waste Management. In terms of percentages, Waste Management is currently servicing 73% of the parcels within the USA and TND areas on a subscription -carted basis, and there would be an additional 27% added through the proposed mandatory collection process. In terms of the impact outside the USA and TND areas, staff has estimated, based on June 2019 service information from Waste Management, that there are 389 carted customers out of a total of 1,483 parcels that are currently being serviced by Waste Management. In other words, 26% of the residents outside the USA and TND are on carted subscription service, and 74% are not. Please note, the numbers provided above represent staff's understanding of the Waste Management service listing and service codes at this time. Based on staffs review of the Agreement, Article 6.6 -Provision for Universal Residential Collection Service includes the process whereby SWDD can decide to implement mandatory collection within the USA of the Solid Waste Franchise Area with an adjustment to the mandatory collection rate based on the 100% change in the consumer price index after September 30, 2018. It is staffs position that the mandatory rate would apply to residents within the USA, and the subscription rate would remain as -is for the residents outside the USA. However, on July 29, 2019, Waste Management submitted a letter to the County Administrator clarifying that the rate for mandatory collection within the USA will be $8.19 per residential unit, which is a 19% decrease to the current subscription customers. However, they also clarified that the rate outside the USA will be $14.54 per residential unit, which is 43% higher than the proposed $10.14 per residential unit approved to start on October 1, 2019. Staff's opinion is that this "new" rate is not justified. Staff met with Waste Management on July 31, 2019, to discuss the rate letter and implementation plan. Waste Management stipulated at the meeting and followed up in writing to the County Administrator on August 1, 2019, that they are requesting certain contractual reliefs in order to honor the current subscription rate to residents living outside the Unincorporated IRC properties of the USA and the TNDs. The following items in quote are requested by Waste Management for our consideration: • "Waiver of Administrative Charges related to cart deployment, re-routing and understanding the contract is still complex to the residents with having mandatory and non -mandatory services, the specific performance standard violations include: 464 o Failure to resolve missed pickups or complaints with the specified time frame o Failure to repair, replace, or deliver a container or Roll Cart within three (3) Days of notification • Vehicle and Collection Equipment General Requirements, such as frontline vehicle maximum age, as we explore truck inventory availability • Redefine ancillary services such as overflowing commercial containers • Radio Frequency Identification (RFID) requirement / Asset Management review of what is currently being reviewed by the County and in what manner and benefit • Article 2.3 Renewal Option changed from sole option of SWDD to mutually agreed by SWDD and Franchisee" Based on the unwillingness for Waste Management to cooperate with SWDD and Waste Management's plan to impose a 43% increase on our current subscription customers outside the USA, staff recommends that the SWDD Board not consider implementing mandatory collection until the current contract expires on September 30, 2022. In order to address the single stream contamination issue, staff recommends the following: • Authorize staff to consider outside services to assist with the identification, education and enforcement of residents that are utilizing recycling carts for garbage service. • Ensure that Waste Management is adhering to the terms and conditions of the franchise agreement. Funding: This is an update to the SWDD Board and does not require any funding approval. Recommendation: Staff recommends that the Board authorize staff to obtain proposals for outside services to assist with the identification, education and enforcement of residents that are utilizing recycling carts for garbage service. Staff recommends not implementing mandatory collection until October 1, 2022. Attachments: 1. Letter from Waste Management to Jason Brown dated July 29, 2019 2. E -Mail from Waste Management to Jason Brown dated August 1, 2019 WASTE MANAGEMENT July 29, 2019 Mr. Jason Brown County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 Dear Mr. Brown: Thank you for the opportunity to provide solid waste collection services to Indian River County. As we are aware, the Indian River County Board of County Commissioners is currently considering transitioning residential curbside solid waste collection to universal service in the County -identified Urban Service Area. Section 6.6 of the Solid Waste Franchise Agreement provides for a specified rate for this universal service. As an item of clarification, the rate for Urban Service Area universal collection will be $8.19 per residential unit, effective October 1, 2019, or at such time prior to September 30, 2020 that the Board initiates universal service. The current franchise agreement is silent with regard to providing for a rate for continued subscription service in the non -Urban Service Area. However, Indian River County's 2015 solicitation for Solid Waste and Recyclables Collection Service, RFP #2015023, did outline pricing for this service under Pricing Option #3B, which serves as the basis for the universal Urban Service Area rate specified in the franchise agreement. Pursuant to this section of the solicitation, the rate for continued subscription service in the non -Urban Service Area will be $14.54 per residential unit, adjusted in accordance with contractual provisions, effective October 1, 2019, or at such time prior to September 30, 2020 that the Board initiates universal service in the Urban Service Area. have included Waste Management's pricing submittal from the 2015 RFP for your review, referencing service option #3B. Should you have any questions, please do not hesitate to contact me directly. We are looking forward to working with Indian River County on this transition to universal service. Sincerely, Dina Reider-Hicks Public Affairs Manager Waste Management Inc. of Florida, 4310 77th Street, Vero Beach, FL 32967 www.WM.com 466 Himanshu Mehta From: Jason Brown Sent: Thursday, August 1, 2019 7:05 PM To: Vincent Burke; Himanshu Mehta; Dylan Reingold Cc: Kristin Daniels Subject: Fwd: Additional Information Let's discuss tomorrow. Sent from my iPhone Begin forwarded message: From: "McNeight, Lisa" <Imcneigh@wm.com> Date: August 1, 2019 at 6:18:10 PM EDT To: Jason Brown <jbrown@ircgov.com> Subject: Additional Information Good evening Jason, Following our conversation today, Waste Management is requesting the below information related to processing of recyclable material in Indian River County, the first 4 reports should contain 12 months of information detailed by month: • Inbound recycle tons, commercial and residential, delivered to IRC facility for processing • Outbound recycle tons, delivered from IRC to Tropical • Number of loads that are currently being rejected and directed to the landfill • Tons received at IRC Landfill delivered by Tropical as residue • June & July 2019 tons received at IRC Landfill as no charge (first 35%) from Tropical • A copy of the Agreement between SWDD and Tropical for Recyclables Transfer, Processing & Marketing Services including Amendments • Request the approval to inspect inbound material On Tuesday July 30th during the meeting between Indian River County and WM, as the County explores options related to Universal Solid Waste Collection in the USA of IRC, WM requested the County to consider contract changes with an implementation as early as April 2020: • Waiver of Administrative Charges related to cart deployment, re-routing and understanding the contract is still complex to the residents with having mandatory and non -mandatory services, the specific performance standard violations include: o Failure to resolve missed pickups or complaints with the specified time frame o Failure to repair, replace, or deliver a container or Roll Cart within three (3) Days of notification • Vehicle and Collection Equipment General Requirements, such as frontline vehicle maximum age, as we explore truck inventory availability • Redefine ancillary services such as overflowing commercial containers • RFID requirement / Asset Management review of what is currently being reviewed by the County and in what manner and benefit • Article 2.3 Renewal Option changed from sole option of SWDD to mutually agreed by SWDD and Franchisee 1 467 Please do not hesitate to reach out to me regarding clarification or further information. Thank you, Lisa McNeight Area Public Sector Manager - North Florida lmcneigh@wm.com Waste Management 3411 N. 40th Street Tampa, FL 33605 813 612 4385 Office 716 913 9146 Cell Recycling is a good thing. Please recycle any printed emails. 2 468 8/13/2019 15.B.3. Update on Potential Transition to Mandatory Garbage Collection Solid Waste Disposal District Vincent Burke / Himanshu Mehta August 13, 2019 On April 9, 2019, SWDD staff started auditing recycling carts related to the use of recycling carts for garbage service. On April 15, 2019, Tropical Recycling Informed SWDD of Heavy Contaminated Loads! The Issue Approximately 51 Waste Management trucks or 300 tons of recyclables were dumped in the landfill in July 2019. 8/13/2019 15.8.3. SSR Contamination Action Plan Identify, educate and enforce violations of County Code Section 204.09 (a)(6) which states to "Not commingle garbage or yard trash with recyclables in a recycling container." IRC Code Identification Education Enforcement Suri w (fCART ilm' NO yme. NO F.. tot. Please, the BLUE CART is ONLY for RECYCABLE materials. r k ky skdutd yon eamt radian Kim C.nm ) Cummenhe ix.eLmnn ogwnmrn: NOTICE Or CODE l'i07.,A I10\ • Code Violation Warning Notices • Formal Code Violation Letters Board Action 1. On July 17, 2019, the SWDD Board voted unanimously to include 6 months of Mandatory Garbage Collection on the 2019/20 TRIM Notices. Service to start on April 1, 2020. 2. On July 23, 2019, the SWDD Board at a Special Call meeting voted unanimously to approve the following residential assessment rates: • $75.56 per WGU ($120.90 per ERU) for Unincorporated IRC properties outside the USA and all Municipalities. • $107.44 per WGU ($171.90 per ERU) for Unincorporated IRC properties inside the USA (and TND's). • 36,960 residential parcels will include the $171.90 rate on TRIM issued on August 12, 2019. 8/13/2019 15.6.3. Mandatory Collection Impacts (Unincorporated Indian River County) Unincorporated Areas for Proposed Mandatory Garbage Collection Service Won River Cool., nor. 1. Approximately 36,960 Parcels on the TRIM Notice. • 26,825 on carted service (73%) • 10,135 new customers (27%) 2. Approximately 1,483 parcels outside the USA and TND's • 389 on carted service (26%) 3. Rates • Subscription Rate (as of 10/1/19) - $10.14 per month • Mandatory Rate - $8.19 per month • 19% decrease Waste Management Position 1. On July 29, 2019, Waste Management confirmed the $8.19 rate for Mandatory Collection; however, the rate would be 43% higher or $14.54 for residents outside the USA. 2. On July 31, 2019, Waste Management made additional requests: • Waiver of Administrative Charges for route deployment, missed pick-ups or complaints or failure to repair, replace or deliver carts • Relief on Vehicle and Collection Equipment Requirements • Redefine Ancillary Services • Review of RFID and Asset Management Requirements • Change from Sole Option to Mutual Option for Contract Renewal 8/13/2019 15.8.3. Staff Recommendation 1. Due to lack of cooperation from Waste Management, staff recommends that the SWDD Board not consider implementing Mandatory Collection until the current contract expires on September 30, 2022. 2. Authorize staff to consider outside services to assist with the identification, education and enforcement of residents that are utilizing recycling carts for garbage service. 3. Ensure that Waste Management is adhering to the terms and conditions of the franchise agreement. 08/13/19 15. B.3. coordination and cooperation in delivery and removal of commercial containers, and providing service information, as requested. 5.3.3. SWDD reserves the right to withhold payment to Franchisee for the final month of service until Franchisee has complied with all requirements of this Article. ARTICLE 6. RESIDENTIAL SERVICE 6.1. Residential Collection Service 6.1.1. Residential Customers may initiate, terminate, or change subscription service by contacting Franchisee. The Residentiat Collection Service shall start, terminate, or change on the next scheduled collection date from the date requested by the Residential Customer. 6.1.2. Solid Waste shall be collected once per week in Franchisee -provided Roll Carts. See Article 7.2 for further details regarding Roll Carts. 6.1.3. Residents will be instructed to place all materials inside of Roll Carts. During the first ninety (90) Days following Commencement Date, Franchisee shall collect all Solid Waste placed curbside by Residential Customers including bags left outside of the Roll Cart. Thereafter, Franchiseeshall collect Solid Waste left outside of the Roll Cart one (1) time and leave a notice instructing the resident that any materials left outside of the Roll Cart in the future will not be collected and providing instructions for requesting an additional cart if needed. Following notification, should Franchisee not collect bags left outside of the Roll Cart, a non -collection notice shall be placed on the bag or Roll Cart explaining why collection was not made. However, Franchisee acknowledges that higher generation of waste during holiday weeks may result in occasional bags left outside of the Roll Cart. During Holiday weeks Franchisee shall collect all bags left outside of the Roll Cart. 6.1.4. Franchisee shall collect all Yard Trash placed curbside by Residential Customers for collection according to the provisions herein. Residential Customers are to containerize, bundle, or neatly stack Yard Trash and place it curbside. If the Yard Trash is placed by the Residential Customer in a bag, Franchisee is required to empty bags of Yard Waste collected on the route into the residential collection vehicles, return the bag to the customer, but may leave a notice instructing the resident that Yard Waste should not be placed in a bag. Yard Trash may not exceed four (4) feet in length, three (3) inches in diameter, and must not exceed fifty (50) pounds in weight each. Yard Trash is limited to four (4) cubic yards per week per customer. Natural Christmas trees (free from any lights, ornaments, etc.) will be collected as Yard Trash, provided that the sections of the tree are not more than eight (8) feet in length or more than fifty (50) pounds. 6.1.5. Franchisee shall provide collection for Bulk Trash within four (4) Days after receiving a customer request to collect such materials. There shall be no additional charge to the customer or SWDD for collecting Bulk Trash placed curbside. 6.2. Residential Recyclables Collection Service 6.2.1. Service for Residential Recyclables Collection shall be only initiated, terminated, or changed by SWDD. Franchisee will not initiate, terminate; or change service to the customer without written notification from SWDD. Residential Recyclables Collection Service shall initiate, terminate, or change on the next scheduled collection day from the date notified by SWDD. 6.2.2. Franchisee shall collect Program Recyctables from Residential Units and Multi -Family Units according to the provision herein. Program Recyctables shall be collected once per week. Collection of Program Recyclables for Residential Customers shall occur on the same clay as collection of Solid Waste or Yard Trash. 6.2.2.1. Franchisee shall provide Roll Carts for Program Recyclables for Residential Customers. See Article 7.2 for further details regarding Roll Carts. 6.2.2.2. For Residential or Multi -Family Units choosing commercial -style collection, collection containers shall be placed at locations that are mutually acceptable to Franchisee: and Page 10 4(ot-5 08/13/19 15. B.3. • customer. Franchisee shall provide Roll Carts, dumpsters, or roll -offs, as needed and appropriate. 6.2.3. The types of materials included for collection as Program Recyclables may be modified upon mutual agreement between SWDD and Franchisee. Such modification shall be at no additional cost to SWDD unless Franchisee can document that the addition of such items substantially impacts the cost of providing service. A list of materials accepted as Program Recyclables is provided in Exhibit 3. 6.3. Backdoor Collection Franchisee shall, at no additional cost to the Residential Customer or SWDD, provide backdoor collection of Solid Waste and Recyclables to Residential Customers who are unable to deliver their Solid Waste or Recyclables to the curb. Franchisee shall commence backdoor collection within one (1) week of notification, in the form of documentation by a medical practitioner, by a Residential Customer. 6.4. Procedures for Non -Collection 6.4.1. In the event that the Solid Waste placed out for collection does not comply with set out procedures pursuant to this Agreement, with the exception of bags outside of a Roll Cart pursuant to Article 6.1.3., Franchisee is not required to collect it. If Franchisee elects to not collect such materials, a non -collection notice shall be placed on the container or non -conforming materials explaining why collection was not made and Franchisee shall notify SWDD pursuant to Article 12.2.2. 6.4.2. In the event that Program Recyclables are contaminated through commingling with materials that are not a Program Recyclable, Franchisee shall, if practical, collect the Program Recyclables and leave material that is not Program Recyclables in the Recycling Roll Cart along with a non -collection notice explaining why all materials were not collected. However, in the event that the Program Recyclables and materials that are not Program Recyclables are commingled to the extent that they cannot easily be separated by Franchisee, or the nature of the non -Program Recyclables render the entire Recycling Roll Cart contaminated, Franchisee shall leave all the materials along with a non -collection notice explaining why collection was not made. 6.4.3. Franchisee shall develop and produce non -collection notices for solid waste and recycling. The design and content of non -collection notices are subject to approval by SWDD. 6.4.4. As further specified in Article 12.2, within one (1) Day of occurrence, Franchisee shall electronically notify the Contract Manger regarding all non -collection events. 6.5. Hours and Holidays 6.5.1. Residential Collection Service and Residential Recyclables Collection Service shall take place between 6:00 a.m. and 6:00 p.m. Monday through Friday. 6.5.2. The SWDD Facility is closed on Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's Day. In the event Residential Collection Service or Residential Recyclables Collection Service normal collection day falls on a Holiday, Franchisee will provide make-up collection as directed by SWDD. 6.5.3. All collection services following a Holiday shall be one (1) Day after the normally scheduled collection day for the remainder of the week. Saturday collection is required for Holiday make-up collection. 6.6. Provision for Universal Residential Collection Service Should SWDD decide to implement universal Residential Collection Service in the Urban Service Area (USA) of the Solid Waste Franchise Area along with any participating municipality, Franchisee shall honor the proposed universal rates provided in Exhibit 1 with a Consumer Price Index (CPI) adjustment. The CPI to be used is defined in Exhibit 4. If the change to universal Residential Collection Service is made between October 1, 2015 and September 30, 2018, seventy-five percent (75%) of the percentage change in CPI between the month of April In the prior year and the month of April in the current year shall be added to Page 11 08/13/19 15. B.3. the proposed universal rate. If the change to universal Residential Collection service is made on or after October 1, 2018, one hundred percent (700%) of the percentage change in CPI between the month of April in the prior year and the month of April in the current year shall be added to the proposed universal rate. Universal rates shall be subject to rate adjustments pursuant to Article 16.1.2. following the first year of implementation. Upon implementation of universal Residential Collection Service, the County shall assume billing residents receiving universal service through a non -ad valorem assessment. If other than payment by check, ACH or EFT, payment method for universal Residential Collection Service to the Franchisee to be determined upon mutual agreement between the County and the Franchisee. Franchisee shall be responsible for purchasing and distributing Roll Carts to residents who are not already receiving subscription service and require a Solid Waste Roll Cart. ARTICLE 7. CONTAINERS 7.1. Customer -Provided Containers Franchisee shall replace personal containers used for Yard Trash of a Residential Customer within three (3) business days after being notified by SWDD or customer that Franchisee or its employees damaged the customer's container. Franchisee shall provide a replacement container (as applicable) that Is similar in style, material, quality, and capacity to the customer's original container. Franchisee is not responsible for a replacement container if it can satisfactorily prove to the Contract Manager that Franchisee or its employees did not damage the Customer's container. 7.2. Roll Carts 7.2.1. Prior to the Commencement Date and in accordance with transition plan specified in Article 5, Franchisee shall provide Solid Waste Roll Carts for all Residential Customers within the Solid Waste Franchise Area and Recycling Roll Carts for all residences and Multi -Family Units within the Recycling Franchise Area. Roll Carts must meet the technical specifications provided in Exhibit 5. SWDD reserves the right, at its sole discretion, to designate the number, size, and/or frequency of collection of Roll Carts provided to Multi -Family Units. 7.2.2. SWDD will inform residents of options for repurposing or recycling their Recycling Bins. Recycling options will include delivery of Recycling Bins to a SWDD Customer Convenience Center or placing Recycling Bins curbside during the first week of carted collection service. If placed curbside, Franchisee shall collect and deliver Recycling Bins to the SWDD Facility. 7.2.3. Ownership of Roll Carts provided for Residential Collection Service or Residential Recyclables Collection Service shall rest with Franchisee until expiration or termination of this Agreement, at which point ownership shall rest with SWDD. 7.2.4. The standard program -size Roll Carts include a ninety-six (96) gallon cart for Solid Waste. and a sixty-four (64) gallon cart for Program Recyclables issued to each residential customer. However, 96-, 64-, and 35 -gallon Solid Waste and Recycling Roll Cart sizes will be made available for customers that request alternative. sizes. 7.2.5. Following the first ninety (90) days of service, upon request, Franchisee shall exchange a residential customer's Roll Cart with an alternatively -sized Roll Cart. Franchisee shall provide one (1) Roll Cart exchange for Solid Waste and Recyclables per customer at no charge to the customer or SWDD. Should a residential customer request additional exchanges, Franchisee may charge the residential customer no more than thirty dollars ($30) per Roll Cart that is exchanged. Franchisee shaft track and report exchanges as specified in Article 12.2.2 7.2.6. If a customer generates large quantities of Solid Waste, the customer may request one (1) additional Roll Cart to accommodate the extra materials. Franchisee may charge a one-time fee of no more than sixty dollars ($60) per additional Roll Cart delivered. There shall be no charge for collection service of additional Roll Carts for Solid Waste. Page 12 46 � 08/13/19 15. B.3. ARTICLE 16. COMPENSATION 16.1. Collection Service Rates 16.1.1. Rates for Residential Collection Services, Residential Recyclables Collection Service, and Commercial Collection Service are provided in Exhibit 1. All rates are subject to rate adjustments set forth in Article 16.1.2. No additional fees or charges shall be billed by Franchisee unless approved by the SWDD Board. 16.1.1.1. The Residential Collection Services rate set forth in this Agreement is the total rate that may be charged by Franchisee and includes all collection costs and Franchise Fees. Franchisee shall not separately state the amount of the Franchise Fee on any bill to any Residential Customer. Franchisee may charge a discounted service rate, as provided in Article 14.4.2., to homeowner associations (HOAs) that accepts a single bill for providing subscription service to all residences in the HOA In order to incentivize Residential Collection Service. 16.1.1.2. The rates for Commercial Collection Service set forth in this Agreement include the Franchisee Fee. Pursuant to Articles 10.1.4 and 10.1.5, disposal fees for C&D or C&D mixed with Solid Waste delivered in roll -off containers are to be paid by the Franchisee based on actual tonnage and the applicable fees at the Designated Facility and passed onto the customer by the Franchisee. 16.1.2. Rate Adjustment 16.1.2.1. All unit prices shall remain the same through the first year of the Franchise Agreement. 16.1.2.2. Franchisee may request an annual rate adjustment. Such request must be submitted in writing to SWDD no later than June 1 of the year in which Franchisee would like the rate adjustment to go into effect. Such rate adjustments are subject to approval by SWDD. If approved, the rate adjustment would become effective October 1 of that year. 16.1.2.3. If a rate adjustment is requested, the calculation shall be made as specified in Exhibit 4 and shall not exceed three and a half percent (3.5%) or as approved by SWDD. 16.1.2.4. All notices to customers regarding rate adjustments must be approved by SWDD prior to being issued. 16.1.3. Change in Law Rate Adjustment Franchisee may petition SWDD for an additional rate adjustment resulting from a Change in Law. Franchisee's request shall contain substantial proof and justification to support the need for the rate adjustment. SWDD may request from Franchisee such further information as may be reasonably necessary In making its determination. Within sixty (60) Days of receipt of the request and all other additional information required by SWDD, the Contract Manager shall make a determination regarding the fairness of the request and shall make a recommendation to the Board. The Board shall consider the request at a regularly scheduled meeting. If the Board approves the request, adjusted rates shall become effective upon the Board's approval. All notices to customers regarding rate adjustments must be approved by SWDD prior to being issued. 16.1.4. Limitation on Rate Changes Franchisee shall not be allowed a rate increase for any reason other than those expressly specified in this Agreement. Notwithstanding the foregoing, in the event that a federal, state, or local entity imposes a fee, charge, or tax after October 1, 2015 that applies to Franchisee's operations, such fee, charge, or tax shall be treated as a Change in Law and shall be passed through as a separate billed item after notice to, and confirmation by, SWDD. Page 24 08/13/19 15.B.3. 17.3. Rapid Recovery from Disaster The clean-up from some natural disasters may require that Franchisee hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. Franchisee acknowledges that the County has entered into one or more stand-by contracts for debris removal in the event of a natural disaster. Therefore, there is no guarantee that Franchisee will be authorized to provide such clean-up services. Franchisee shall not receive any extra compensation (i.e., above the normal compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless Franchisee has received written authorization and approval from the County Administrator or designee, prior to such work being performed, and promptly thereafter entered into a written Emergency Contract Memorandum of Understanding Supplemental to Franchise Agreement signed by the Indian River County Administrator and Franchisee. Any and all such costs shall be audited by the County or SWDD prior to payment. 17.4. Disaster Response Pian Franchisee shall develop and provide to the County a written disaster preparedness and response plan (Disaster Pian) thirty (30) Days prior to the Commencement Date, to include four (4) hard copies and one electronic copy. Thereafter, Franchisee shall provide an updated Disaster Plan by June 1 of each year. This Disaster Plan shall include provisions for additional personnel and equipment, and shall establish a reasonable, verifiable basis for any charges associated therewith. SWDD shall coordinate with Franchisee if a disaster should require temporary closure, or modification to the hours of operation of the Designated Facility. Franchisee shall be familiar with local, state, or federal agency documentation requirements, including but not limited to the generality of the foregoing, rules, regulations, and guidelines applicable to the Federal Emergency Management Agency's (FEMA's) Public Assistance Program for Debris Removal, as such requirements change from time to time. Franchisee shall maintain complete and accurate records of any and all such Disaster Work and provide all required and necessary documentation for submission of cost reimbursement requests. Franchisee shall be required to submit its FEMA documentation of costs to SWDD as a condition of payment for additional personnel and equipment pursuant to this section. ARTICLE 18. PERFORMANCE 18.1, Performance Bond Franchisee shall furnish a performance bond as security for the performance of this Agreement with SWDD within thirty (30) Days of the Effective Date. Said performance bond will be equal to fifty percent (S0%) of the previous year's invoiced service fees, or fifty percent (50%) of the anticipated service fees for the first year of the Agreement. The premium for the performance bond described above shall be paid by Franchisee. The performance bond shall be written by a surety company licensed to do business in the State of Florida with an A.M. Best Financial rating of A -VI or higher for the most current calendar year available. The Surety or Sureties shall be a company or companies satisfactory to SWDD. 18.1.1. Said bond shall be forfeited should Franchisee: a) Fail to comply with the requirements of this Agreement; or b) Take the benefit of any present or future insolvency status or make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement of reorganization or the readjustment of indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all or substantially all of Franchisee's property; or c) By an order or decree of a court to be adjudicated bankrupt; or d) Have an order or decree of a court entered approving a petition filed by any of Franchisee's creditors seeking a reorganization or readjustment of Franchisee's indebtedness under the Federal Bankruptcy laws or any law or statute of the United States or any state thereof, Page 26 08/13/19 15. B.3. provided, however, that if any such judgment or order is vacated within sixty (60) Days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect. 18.2. Administrative Charges 18.2.1. The Contract Manager shall notify Franchisee in writing by the tenth (10) Day of the month of the SWDD's intent to deduct any administrative charges, as set forth in Article 18.2.4, including the basis for each administrative charge, from payments due or to become due to Franchisee for service provided under this Agreement. 18.2.2. In the event Franchisee wishes to contest such monthly assessment, Franchisee must do so within ten (10) Days of issuance of each assessment notification by requesting, in writing, a meeting with the Contract Manager to resolve the issue. Following such a meeting, the Contract Manager shall notify Franchisee in writing of any action taken with respect to Franchisee's claims. Franchisee may further appeal, in writing, the decision of the Contract Manager to the County Administrator, who shall conduct a review of all of the facts and circumstances, and make a determination in writing. The County Administrator's decision shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not supported by competent evidence. 18.2.3. Franchise Fee payments received after the fifteenth (15) Day of the month shall bear interest at eighteen percent (18%) per year. Unless due to an Uncontrollable Force, Franchise Fee payments received more than thirty (30) Days after the due date shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any single calendar year that are not due to an Uncontrollable Force shall result in termination of this Agreement. 18.2.4. The Contract Manager may assess the following administrative charges pursuant to this Article on a monthly basis in. connection with the Agreement: Performance Standard Violation Liquidated Damages Failure to deliver materials to a Designated Facility. (Article 10.1) 1" occurrence = $1,000 2nd occurrence = $5,000 3`d+ occurrences = $10,000 Mixing materials within a single load. (Article 11.1) $5,000 per occurrence Failure to submit to SWDD all plans, reports, or other documents in the time required under the provision of this Agreement unless otherwise approved by the Contract Manager. $S0 per incident per Day after due date Failure to comply with the hours and days of operation. (Article 6.5 and 8.4) $100 per occurrence per Day Failure to completeeach route on the regularly scheduled day except when such completion is made impossible by weather or other conditions, as determined by SWDD. $250 per route per Day Failure to resolve missed pickups or complaints within the specified time frame. (Articles 11.12 and 11.13) $100 per unresolved missed pickup or complaint per Day Failure to clean spillage, leakage, or blowing of material (oil, hydraulic fluid, Solid Waste, Recyclables, etc.) within twenty-four (241 hours. (Article 11.6) $50 per occurrence per Day per incident Failure to repair, replace, or deliver a container or Roll Cart within three (3) Days of notification. (Article 7.1. and 7.2) $50 per occurrence per Day rage 27 EXHIBIT 1 - COLLECTION SERVICE RATES RESIDENTIAL COLLECTION SERVICE SUBSCRIPTION SERVICE Monthly Collection Fee/Unit Solid Waste: lx/week in Franchisee -provided Roll Carts; Bulk Trash on call $6.80 Yard Trash: lx/week $2.88 Total Subscription Service $9.68 RESIDENTIAL COLLECTION SERVICE UNIVERSAL SERVICE IN URBAN SERVICE AREA (applicable only if SWDD initiates universal collection) Monthly Collection Fee/Unit Solid Waste - Universal in USA: 1x/week in Franchisee -provided Roll Carts; Bulk Trash on call $4.85 Yard Trash - Universal in USA: lx/week $2.88 Total Universal Service in USA $7.73 COMMERCIAL COLLECTION SERVICE Commercial Dumpster Service - includes container and maintenance Fee/Cubic Yard $4.73 Commercial Cart Service - in Franchisee -provided Roll Cart Fee/Pickup $9.46 Container and Maintenance Fee/Month Fee/Pull Open Top Roll -Off - 15 cubic yards $100.00 $155.00 Open Top Roll -Off - 20 cubic yards $100.00 $170.00 Open Top Roll -Off - 30 cubic yards $100.00 $205.00 Open Top Roll -Off - 40 cubic yards $100.00 $235.00 Compactor - 20 cubic yards 5100.00 $245.00 Compactor - 30 cubic yards $100.00 $245.00 Compactor - 40 cubic yards $100.00 $245.00 RESIDENTIAL RECYCLABLES COLLECTION SERVICE Monthly Collection Fee/Unit Residential Units - Single Stream; lx/week in Franchisee -provided Roll Carts $2,55 Multi -Family Units - Single Stream; lx/week in Franchisee -provided Roll Carts/dumpsters $2.04 08/13/19 15.6.3. Page 34 40b -J Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 5, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Change Order No. 5 to Thalle (Bid #2018025) Descriptions and Conditions: On April 10, 2018, the Indian River County (IRC) Solid Waste Disposal District (SWDD) awarded Bid No. 2018025 in the amount of $16,034,260.00 to Thalle Construction Company (Thalle), Inc. of Hillsborough, North. Carolina, for the construction of the Landfill Segment 3 CeII 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. A Notice to Proceed (NTP) was issued on May 9, 2018. Substantial completion of Segment 2 Partial Closure and Landfill Gas System Expansion phase (Milestone 1) is 180 calendar days (November 5, 2018), and substantial completion of Landfill Segment 3 CeII 2 Expansion phase (Milestone 2) is 360 calendar days (May 4, 2019) from the NTP. Final completion is 390 calendar days (June 3, 2019) from the NTP. On September 17, 2018, Thalle submitted a request to our engineer, CDM Smith, fora 105 -days -in -contract - time extension for Milestone 1, identifying wet conditions as a basis for this request. On November 20, 2018, the SWDD Board approved Change Order No. 1 to Thalle extending Milestone 1 to February 18, 2019. On February 12, 2019, the SWDD Board approved Change Order No. 2 to Thalle for a deductive change order in the amount of $2,659,127.14 as a result of direct purchase items, resulting in a revised contract amount of $13,375,132.86. On March 26, 2019, the SWDD Board approved Change Order No. 3 to Thalle to use $12,236.97 from approved contingency budget into the active project budget as well as adding 27 days in contract time. On June 18, 2019, the SWDD Board approved Change Order No. 4 to Thalle for approval of $855,955.37 from the approved contingency budget into the active project budget as well as an additional 62 days in contract time. Our project engineer, CDM Smith, has reviewed and recommended approval of a request for additional rain days and additional work associated with the project under this request for Change Order No. 5. 469 Analysis: CDM Smith reviewed the Change Order No. 5 request and submitted a recommendation letter on August 5, 2019, to approve the request by Thalle for rain days and additional work associated with this project. The additional work is associated with replacement of a manhole ring and cover ($1,601.56), swale improvements ($145,706.84), material overrun with common fill ($193,088.00), storm water diversion berm pump and accessories ($4,502.34), road improvements ($117,021.70), and solution to leachate seeps ($68,840.61). The total of this proposed work is $530,761.05 and provides a total of 95 additional work days, which includes 27 rain days., Staff at this time does not recommend approval of the 27 rain days. Therefore, staff recommends only 68 additional work days to be approved by this change order. Per CDM Smith, the new Milestone 1 date would be moved. from May 18, 2019, to July 25, 2019. Similarly, Milestone 2 and final completion dates are respectively changed to October 8, 2019, and November 7, 2019, respectively. The total contract price is unchanged as there is contingency funding available to cover the additional cost. The project initially had an approved 10% contingency of $1,457,660. Based on previous approved use of contingency funding in the amount of $868,192.34, there is $589,467.66 available in the project. The proposed work of $530,761.05 would reduce the contingency to $58,706.61. Staff supports the recommendation from CDM Smith to approve Change Order No. 5. Funding: The Segment 3 Cell 2 Expansion and Segment 2 Partial Closure projects are funded from separate revenue sources; specifically, the closure cost is paid from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. The additional underdrain work is associated with the closure project. The total contract price is unchanged as there is contingency funding available to cover the additional cost. Bid No. 2018025 — Thalle Construction Company, Inc. DESCRIPTION ACCOUNT AMOUNT Construction — Segment 3 Cell 2 Expansion 411-169000-17025 $194,377.46 Construction — Segment 2 Closure 411-239006 (Escrow) $336,383.59 Change Order No. 5 $530,761.05 Recommendation: Solid Waste Disposal District staff recommends that its Board approve and authorize the Chairman to execute Change Order No. 5 approving extension in contract time for Milestone 1, Milestone 2, and Final Completion by 68 days and allow the use of $530,761.05 from contingency funding to ThaIle Construction Company, Inc., for the Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. Attachment: 1. CDM Smith Letter of Recommendation 470 2. Change in Contract Summary Log 3. Change Order No. 5 (on file in the Department of Utility Services) 471 cSpmith 1701 Highway A 1 A Suite 301 Vero Beach, Florida 32963 tel: 772 2314301 fax: 772 2314332 August 6, 2019 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District 1325 74th Ave SW Vero Beach, FL 32968 Subject: Indian River County Solid Waste Disposal District. Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion IRC Contract No.: 2018025 Change Order No. 5 - Rain Delays and Additional Work Dear Mr. Mehta: Transmitted herewith are three copies of the Change Order Number 5, which addresses seven items as described below and summarized in the attached Table 1. There is no net change in contract price, however, $530,761.05 is being transferred from contingency to the active contract amount of $13,316,426.25. With execution of this change order, the total contract amount remains at $13,375,132.86 and $58,706.61 remains in contingency. The contract time is extended by 95 days as shown in Table 2. The change order items are detailed below: 1. Existing Pump Station: The change order replaces a manhole frame and cover on the leachate collection system associated with the Segment 1/Segment 2 infill cell. The existing frame and cover are corroded and require replacement. 2. Access Road Stormwater Swale: This item is to regrade and improve the existing stormwater swale along the landfill access road. This swale collects stormwater runoff and conveys it to the landfill perimeter swale. This change order would re -grade the swale and line it with crushed concrete (FDOT ditch lining) for the entire distance in order to prevent erosion. This change also includes cleaning the existing concrete box culvert, which has accumulated sand over time and is obstructed. 3. Segment 2 Partial Closure Common Fill: This change order increases the common fill volume quantity required to implement the closure of Segment 2. The actual volume of common fill was measured by subtracting the survey of the existing top of waste and the liner elevation. Note that the volume of the cap foundation layer was lower than expected and this line item savings offsets the common fill increased costs. The net increase is presented in this change order. The additional common fill was not foreseen as the 2 WATER + ENVIRONMENT + TRANSPORTATION + ENERGY + FACILITIES CDM Smith Mr. Himanshu Mehta, P.E. August 6, 2019 Page 2 intermediate cover on the waste was mostly mulch. The placement of this additional volume of common fill added 24 days to the project milestones. 4. Rain Days: The Contractor also requested a 32 -day extension based on rains in June and July. After careful evaluation of the impacts of the rain, CDM Smith recommends the award of 27 rain days. 5. Stormwater Diversion Berm Pump: This item is for the purchase of a gas -powered pump to divert stormwater collected within the Segment 3 Cell 2 diversion berm as requested by Indian River County. The diversion berm prevents rainwater from entering the leachate collection system while the northern half of the cell is being filled. The proposed pump, pipe, and accessories are necessary to pump this collected stormwater out of the cell and into the on-site stormwater system. 6. Access Road Improvements: The access roadway improvements include a concrete slab for the placement of roll -off containers for public access along with paving the unloading area. The access road improvements include 88 feet of concrete elliptical pipe to a stormwater structure to channel stormwater away from the road. These improvements also pave a turn -out apron into the yard waste disposal area. 7. Segment 2 Outside Toe Drain: The last change order authorized an exploration of a leachate seep on the northern side of Segment 2 in the area of the infill cell. This area was exposed, and an outside toe drain was proposed to intercept leachate which is seeping in this area. The leachate will be collected in a perforated HDPE pipe in a lined trench and direct the leachate into a manhole to be sent to the lift station. This activity adds 15 additional days to the milestones. We trust the enclosed is sufficient for your review and the Board's approval. If you need any additional information or clarification, please do not hesitate to contact our office. Sincerely, Martin. J. Lewis, P.E., BCEE, PMP Project Manager CDM Smith Inc. Jj2559_":eig 0 Smith Mr. Himanshu Mehta, P.E. August 6, 2019 Page 3 MJL/jj Attachments: Tables 1, 2, and 3 Change Order No. 5 Form Thalle Construction Proposals. File: PW PL1 6706-228608.05.06.70 cc: Eric Grotke, CDM Smith Kevin Vann, CDM Smith Reinaldo Gonzalez, Thalle ilzsse_Lt d,9 0 0 L'" £ E 0 cc 1 V N no m ✓ u 0. d E N1 a v O O V m N = = 01 G 0. N V'p 2 h « ~ 0 008 g O O N 9 z _ V 00 C g g S m E .0.1 Co z 07 .0 0 m ra00 c o t U Z O I„1 m m m t a a < o • O u u a H Allocated to Cell Cost VI $ 72,853.42 VI VI a m N O In V N V• $ 117,021.70 $ 194,377.46 Allocated to Closure Cost 70 in O l0 .-1 N $ 72,853.42 4.4 O O 00 03 0 M 01 VI V) VI N $ 68,840.61 $ 336,383.59 Recommended by Engineer, Change Order No. 5 m In O 10 .ti N $ 145,706.84 N 0 O W 0 01 05 N a m 0 ill v N V1 0 N N 0 .1 Vf $ 68,840.61 $ 530,761.05 Days Recommended by Engineer 0 H N N O N H H tn O1 Engineer's Comments Recommended 43 430. Qi Only 13 days recommended by Engineer Volumes verified by Engineer Recommended Only 14 days recommended by Engineer Roadway Improvements requested and a ..roved b owner. Acceptable 1 Total Recommended Requested Change in Contract Time 0 .moi .�-1 N 0 1.0 .4 ti ti O Addition to Contract Amount 10 In o b .ti N o CO 0 O0 n vi Vf N $ 193,088.00 a m N u v V) VI 0 n 0 .ny .i N - - Segment 2 outside toe 8 RFP 8/5/2019 drain for leachate No Yes $ 68,840.61 seepage on north side. Total Requested $ 530,761.05 Change in Contract Amount >- > 0 z > > 0 Z > Contractor Proposal > > > Yes > > Description Existing MH Pump Station Lid Ring and Cover Replacement Request for Proposal — ,Riprap and Regrading Segment 2 Access Road Stormwater Swale Rain Delays in June 2019 E E U m a N Stormwater Diversion Berm Pump and Accessories Rain Delays in July 2019 Access Roadway Improvements 0 N Y 0 m N CO m ON N m m 1, 0 m \ N m N .\N-1 r m N 01 N N 8/2/2019 8/5/2019 Reference a CC o_ C4 Rain Delays " j , o o_ CC � O c CC 0. 8. 2 E 4 .+ N .m a m LID n 05 Milestone dates 01 01 m m Milestone dates a e <o 0 Milestone dates O1 2 m m Milestone dates m co ti ra 2 01 7 m 0 433 0 0 0 00 0 CO ti O ti O 0 01 2 Milestone 1 0 w 2 v E u° Table 3.Change in Contract P 6 C � O Q O 0 m 00 N 0 0 17 m N 10 CO n N CO CO M LA' N to coN .mi Vl CO CO .my V• 01 0 U 0 70 a 05 0Uj a 0 a VI 0 rri a 10 e CO 10 0 �o 0 N z 0 to .0i 0 b ti v1 w a CIL ti ro 0 O1 ti 0 70 COn N -I V• ry a h C t O Q 0 d 0 d -$2,659,127.14 n O co a ✓ 1 0 V m m -$1,260,173.75 e 0 0 N 0 N N m cn01 co co Vl 0 m N Contract Amount 0 O r .Vl 0 O b n LAN N 0 O V1 LA n N N CO n n Q1 N co 0 01 Ol VI 0 tri 40 CO 0 n 0 Original Contract Amount z° a O m 0 z 0 O m z 010 O 0 a z° O U z° v 0 a U