Loading...
HomeMy WebLinkAbout10/01/20194�g�vER c� G� z 0R'M COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 1, 2019 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com Bob Solari, Chairman, District 5 Jason E. Brown, County. Administrator Susan Adams, Vice Chairman, District 1 Dylan Reingold, County Attotney Joseph E. Flescher, District 2 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Peter D. O'Bryan, District 4 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION 3. 4. 5. Rev. Seth Wallace, Christ the King Presbyterian Church PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating October, 2019, As Manufacturing Month in Indian River County, Florida Attachments: Proclamation 6. APPROVAL OF .MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION 7.A. Florida Public Service Commission Consummating, Order PSC -2019 -0389 -CO -EI makes Order PSC -2019 -0360 -TRF -EI effective and final; docket to be closed, is on file in the Office of the Clerk to the Board. October 1., 2019 Page 1 of 6 r' 7.B. Indian River County Venue Event Calendar Review Attachments: Staff Report 7.C. Update on All Aboard FL Expenses Attachments: Staff Report -All Aboard~FL Expenses 7.D. Application to the Florida Department of Environmental Protection (FEDP) for a FY 2020-2021 Florida Resilient Coastlines Program Grant Attachments: Staff Report Grant Application 8. CONSENT AGENDA 8.A. Checks and Electronic Payments August 30, 2019 to September 5, 2019 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments September 6, 2019 to September 12, 2019 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments September 13, 2019 to September 19, 2019 Attachments: Finance Department Staff Report 8.D. Appointments to the Economic Opportunities Council of Indian River County, Inc. Attachments: Staff Report Reappointment Letter 090619 - EOC 8.E. Resolution Delegating to the County Administrator or Designee the Authority to Execute Certain Standard Extensions to Both Contracts Relating to Required Roadway Improvements and Accompanying Cash Deposit and Escrow Agreements Attachments: Staff Report Resolution 8.F. EJ & ME, L,LC's Request for Affidavit of Exemption Approval with Dedications to the County [AOE-19-05-02 / 2018080046-83961] Attachments: Staff Report Location Map Affidavit of Exemption Layout 8.G. Approval of Change Order for Radio System P25 Migration Project Attachments: Staff Report Work Order No 4 Logging Recorder Quote Revised Attachment "A" October 1, 2019 Page 2 of 6 8.11. Award .of Bid# 2019068 -Roseland Elevated Storage Tank Conversion and Pump Station Attachments: Staff Report Sample Agreement 8.I. Award of Bid# 2019067 -Roseland Elevated Storage Tank Water Transmission Main Attachments: Staff Report Sample Agreement 8.J. Municipal Advisory Agreement - Termination of Masterson Advisors LLC and Request to Approve Agreement with Hilltop Securities Inc. Attachments: Staff:Report Municipal Advisor Agreement with Hilltop Securities 8.K. Award of Bid No. 2019076, Indian River Boulevard and Grand Harbor Boulevard Signalization (IRC -1806) Attachments: Staff Report Sample Agreement 8.L. Indian River County Library State Aid to Libraries Grant Attachments: Staff Report StateAidToLibrariesGrantAgreement FY2020 Certification w- signature line§ 8.M. Sandridge Golf Cart Concrete Path Repair Final Payment, Release of Retainage Attachments: Staff Report 8.N. Bid Rejection - North WWTF Headworks Piping Reconfiguration, Bid No. 2019063_ Attachments: Staff Report 8.0. Revision to Administrative Policy AM -301.3 Overtime and AM -502.1 Vacation Attachments: Staff Report AM 301.3 Overtime (10-1-19) AM 502.1 Vacation Leave (10-1-19) 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS October 1, 2019 Page 3 of 6 10.A.1. Request from Cleveland Clinic Martin Health for a Class B Certificate of Public Convenience and Necessity to provide Non -Emergency ambulance inter -facility medical transports at the ALS/BLS level (Quasi -Judicial). Attachments: Staff Report 10.A.2. Request from , MCT Express, Inc. DBA United Medical Transportation for a Class "B" and "E1" Certificate of Public Convenience and .Necessity to provide Non -Emergency ambulance inter -facility medical transports at the ALS/BLS level and Wheelchair Transports originating in Indian River County (Quasi -Judicial). Attachments: Staff Report 10.A.3. Mark W. Plate's Request for Abandonment of a 130' Long Segment of the 70' Wide 57th Avenue Right -of -Way South of 97th Place in the Tropicana Homesites Subdivision, Plat Book 4 Page 20 [ROWA-18-07-03 / 2017030059-81633] (Legislative) Attachments: Staff Report Location Map Abandonment Resolution B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to speak from Fern Grounds regarding littering/trash on our roads and highways Attachments: Public Discussion Request Fern Grounds C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services October 1, 2019 Page 4 of 6 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS F A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Brvan E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Affiliation Agreement Extension between Medical Career Academy and Indian River County Emergency Services District . Attachments: Staff Report Affiliation Agreement MCA & IRCES B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20hours in advance of the meeting. The full agenda is available on line at the. Indian River County Website at wvvw.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. October 1, 2019 Page 5 of 6 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 5,0 m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12: 00 Noon to 5.00 p.m. October 1, 2019 Page 6 of 6 PROCLAMATION DESIGNATING OCTOBER, 2019, AS MANUFACTURING MONTH IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, the manufacturing industry is vital to the health of our County, the State of Florida, and our entire nation; and WHEREAS, manufacturing is one of the cornerstones of our local economy, helping to sustain our quality of life as well as foster a solid and diversified tax base in Indian River County; and WHEREAS, Indian River County, in partnership with the Indian River County Chamber of Commerce, supports the manufacturing industry and manufacturing careers; and WHEREAS, manufacturing provides over 2,200 high -wage and high -skill jobs in Indian River County - an increase of 300 jobs since 2018 - paying an average annual wage of $56,000, higher than our current average wage of $40,000; and WHEREAS, our county is home to 135 manufacturers that produce a wide variety of products, from personal aircraft to personal submersibles, sold to customers throughout the world; and WHEREAS, public awareness of the value that manufacturers add to our economy is essential to preserving positive relationships between our residents and our manufacturing community; and WHEREAS, we join the Indian River County Chamber of Commerce and its Manufacturing Boot Camp Task Force members in encouraging students to consider manufacturing as a career pathway; and WHEREAS, all residents are encouraged to take time to acknowledge Indian River County manufacturers, and their employees, for the positive economic impact they have in our county, the State of Florida, and our nation. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2019, be designated as MANUFACTURING MONTH IN INDIAN RIVER COUNTY. Adopted this 1 st day of October, 2019. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari,.Chairman Susan Adams, Vice -Chairman Joseph E. Flescher Peter D. O'Bryan Tim Zorc 1 'DOCUMENT NO'08928-16 FPSC - COMMISSION CLERI BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION ID In re: Petition for approval of 2019 revisions to DOCKET NO. 20190081 -EI underground residential and commercial ORDER NO. PSC -2019 -0389 -CO -EI differential tariffs, by Florida Power & Light ISSUED: September 20, 2019 Company. CONSUMMATING ORDER BY THE COMMISSION: By Order No, PSC -2019 -0360 -TRF -EI, issued August 26, 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 -0360 - TRF -EI has become effective and final. It is further WLT ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 20th day of September, 2019. ADA J. T ITZMkN Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 41.3-6770 www.floridapse.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. ORDER NO. PSC -2019 -0389 -CO -EI DOCKET NO. 20190081 -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. �VEIl c0 76- 0 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar VBMA Pass - Pass Program Begins Today! Oct 1 @ IRC Libraries & Vero Beach Museum of Art: Partnership provides FREE exhibition admission with Library/Museum Pass. Youth Basketball Registration Begins Today! Oct 1 -Nov 15 @ iG Center: • IRC Recreation Youth Basketball season begins in Jan 2020. National Night Out - brought you by the IRC Sheriff's Office - FREE. Oct 2 @ iG Center - Wiggins Field: 4-7pm - Free Food, Live Music, Face Painting & Police & Fire Rescue Vehicles. Special Olympics State Championships -VOLUNTEERS Needed Oct 5 & 6 @ NCAC: • 7am-4pm - Volunteers needed. Special Olympics State Championships Opening Ceremonies -VOLUNTEERS Needed Oct 5 @ iG Center: • 6pm-9pm - Volunteers needed. Steve Mix Fall Conditioning Basketball Program Oct 6, 13, 20 & 27 @ iG Center: • 3-4:30pm: NBA Basketball Legend to teach a (4) session program. South County Community Meeting Oct 7 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan. VNA (Visiting Nurse Assoc.) Camp Chrysalis Oct 12 @ iG Center: 8:30am - 4pm: Bereavement Camp. Okeechobee Marshalls Cowboy Shooting Club Match Oct 12 @ IRC Shooting Range: 9am-1:30pm Well Armed Women Oct 12 @ IRC Shooting Range: 2 • 9:30-11:30am - Ladies Shooting Club Match. 2nd Annual Great Halloween Costume Swap Oct 12 @ IRC Main Library: Swap ticket holders: 1-2pm, Open to all: 2-3pm. Nautical Flea Market Oct 12-13 @ IRC Fairgrounds: • Saturday & Sunday. Community Office Hours Event Oct 17 @ North IRC Library: • I Oam- One on one with Commissioner Susan Adams Downton Abbey Tea Party Oct 18 @ Brackett Library - Bjorkman Room: • 2pm: RSVP Required 772 226-3080 ext. 4550 to register. Touch a Truck Oct 19 @ IRC Fairgrounds: • 10am-2pm, Saturday -Family event to see large vehicles up close. Indian River Charter High School Homecoming Oct 19 @ iG Center: • 6:30- 10:30pm: Homecoming Dance. Supersized Family Movie Night - FREE Oct 19 @ IRC Fairgrounds.: "Halloween Themed!" 6:30 Costume Contest 7:45pm: IRC Rec featuring, BIG screen family movie night! 32nd Annual Treasure Coast Amateur Championship Oct 19-20 @ Sandridge Golf Club: • Saturday and Sunday - Golf Tournament. 7th Annual "Bela Nagy Sr" Memorial Golf Tournament Oct 26 @ Sandridge Golf Club: • Saturday - Golf Tournament. Classy Chris Boxing Oct 26 @ IRC Fairgrounds: • Saturday- Boxing event. Beasts of the East Cheerleading Nov 2 @ IRC Fairgrounds: • Saturday - Cheerleading event. 3 South County Community Meeting Nov 4 @ iG Center: - 5:30-7pm: Local topics with Commissioner Peter O'Bryan. Buggy Bunch "Family Fun Fest" Nov 9 @ IRC Fairgrounds: • 10am-3pm, Saturday, Food Trucks, Vendors & Entertainment. Indian River Youth Livestock Prospect Show Nov 9-10 @ IRC Fairgrounds: - Saturday & Sunday - Youth livestock event. SAFIRC -Townhall Meeting'' Under Age Drinking" Nov 12 @ iG Center: - 7-8:30pm - Townhall meeting open to the public. Indian River Dog Training Club Nov 14-17 @ IRC Fairgrounds: Thursday thru Sunday - Dog agility event. Screen on the Green - FREE Nov 16 @ Sandridge Golf Club: - 5:30-6:30pm: Glow Games 6:30pm IRC Rec. Golf Themed Family Movie Night! Garden Brothers Circus Nov 18-19 @ IRC Fairgrounds: Monday & Tuesday - circus. Community Office Hours Event Nov 21 @ North IRC Library: - I Oam- One on one with Commissioner Susan Adams 4 76 INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 23, 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 9/23/19. ATTACHED: • All Aboard Fl. expenses through 9/23/19 spreadsheet. 5 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 aooroved additional S1 million-Sudeet amendment Acct#i00110214-033110-15023 Legal Services Date 9/18/2019 rya 8 n Cave LLP $107,257.70 - - _ _ _ _ --- -- -_--- ----- --- Fees for Legal Services July 2019 9/11/2019 Murphy & Walker $18,912.00 Fees for Legal Services -Aug 2019 8/13/2019 Murphy & Walker $6,487.00 Fees for Legal Services June & July 2019 7/10/2019 Murphy & Walker $13,868.00 Fees for Legal Services June 2019 6/24/2019 Bryan Cave LLP - $1,244.00 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 $65,848.60 Fees for Legal Services April 2019 - 5/15/2019 Murphy & Walker $2,656.50 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 $8,042.00 , Fees for Legal Services March 2019 3/26/2019 Bryan Cave LLP $59,154.08 Fees for Legal Services February 2019 3/18/2019 Murphy & Walker $15,988.70 Fees for Legal Service -February 2019 3/18/2019 Bryan Cave LLP $3,577.26 Fees for Legal Service -January, 2019 - 2/21/2019 Murphy & Walker $13,539.54 Fees for Legal Service -January 2019 2/5/2019 Bryan Cave LLP $9,938.49 Fees for Legal Service -December 2018 1/4/2019 Murphy & Walker $9,929.00 Fees for Legal Service -December 2018 12/27/2018 Bryan Cave LLP $26,535.95 Fees for Legal Service -November 2018' 12/5/2018 McDermot,Will & Emery LLP $10,000.00. IRC Legislative Advocacy Matters -through 10/31/18 12/3/2018 Bryan Cave LLP $16,416.20 Fees for Legal Service -October 2018 Subtotal Expenses FY 18/19 $472,824.46 9/30/2018 McDermot,Will & Emery LLP $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 9/30/2018 MCDermot,Wlll & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 8/31/18 9/30/2018 Bryan Cave LLP $72,352.66 Fees for Legal Service -Sept 2018 9/30/2018 Bryan Cave LLP $60,392.05 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 $10,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 8/8/2018 Bryan Cave LLP $49,360.27 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 $10,012.00 IRC Legislative Advocacy Matters -4/6-4/20/18 6/13/2018 . Bryan Cave LLP $30,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/27.4/5/18 5/15/2018 rya 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 $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 Bryan Cave LLP $32,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP $6,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP $10,089.56 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 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 $1,119.00 Fees for Legal Services -Aug 2017 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services- lune 2017 7/17/2017 Bryan Cave LLP $20,729.17 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 $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 , 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services -Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 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 $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016Bryan Cave LLP - $16,457.70 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 *Split between St.Lucie, Indian River, and Martin Counties 9/30/2016 Bryan Cave LLP $5,060.15 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 $8,496.08 Fees for Legal Services-Aug 2016-private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 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 - $15,581.00 Fees for Legal Services-July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services-July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services-July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -lune 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 $17,550.50 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 $27,804.30 - 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 $29,983.35 Fees for Legal Services-April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 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 $150.00 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 $31,795.61 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 $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service-Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 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 $1,245.06 Fees for Legal Services-Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services-Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for 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 $37,687.25 Fees for Legal Services-June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 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 $28,871.78 Fees for Legal Services-April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA -$250.00 Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 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 $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 - - - - - 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie, Indian River, and Martin Counties Date Vendor Amount Note Acct#00110214-033190-15023 Other Professional_ Services Other Professional Services Date 11/27 2018 / Scripps PPs -- - - - - -_- - $92.40 Note Legal Advertising 11/21/2018 Gail E. Flinn $350.00 Transcription Services $97.32 Subtotal Expenses FY 18/19 $442.40 $111.32 9/30/2018 Copy Charges $32.96 Copies 8/30/2018 Florida Dept of Transportation $82.84 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 -$3,380.35 501 reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness - 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consultants $13,396.11 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps - $95.70 Legal Advertising Dylan Reingold-Capital Hill All Aboard FL Mtg Subtotal Expenses FY 16/17 $18,779.15 Kate P. Cotner -Capital Hill All Aboard FL Mtg 9/30/2016 GK Environmental $5,580.00 - 9/30/2016 Triad Railroad Consultants $24,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,inc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 $2,420.00 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express - $6.85 Shipping - 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 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 $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 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 $570.00 Public Records SubtotaIExpenses FY 14/15 $44,810.15 Acct#00110111-034020-15023 All Travel Travel Date 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 $156.89 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 $373.60 Subtotal Expenses FY 18/19 $1,406.74 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando $111.91 -- - - - - 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando $122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando $91.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando $110.45 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando $91.52 - - - - 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg $161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner $167.20 5/1/2018 Jet Blue -Dylan Reingold $128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold $548.74 - SubtotalExpenses FY 17/18 $2,420.00 Acct#11124319-033190 Other Professional Services Date Vendor Amount Notes 9/30/2017 American Airlines $193.20 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 9/30/2017 Jet Blue $25.00 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 Accttt00110214-034020-15023 $6,585.80 All Travel Subtotal Expenses FY 14/15 $44,740.70 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 Subtotal Expenses FY 16/17 $3,029.76 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS 4/6/2016 Aloft Hotel $109.00 MHG Tallahassee AL P -Dylan Reingold 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Kate Cotner - -$5.36 Orlando -Travel -FL Dev. Finance Corp 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 $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 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 $1,937.00 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 $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 18/19 $474,673.60 Total Expenses 17/18 $637,344.22 Total Expenses 16/17 $223,471.97 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 9/23/19 $3,406,394.35 Total Board authorized budget for FY 18/19 $1,047,700.00 Total Board authorized budget for FY 17/18 $637,344.22 Total Board authorized budget for FY 16/17 $223,471.97 Total Board authorized budget for FY 15/16 $870,867.50 Total Board authorized budget for FY 14/15 $1,154,211.26 Total Board authorized budget for FY 13/14 $45,825.80 Total budgeted 13/14-18/19 $3,979,420.75 Remaining Balance $573,026.40 -)o INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Andy Sobczak; Chief, Environmental Planning and Code Enforcement THROUGH: Roland M. DeBlois, AICP; Community Development Director DATE: September 23, 2019 SUBJECT: Application to the Florida Department of Environmental Protection (FDEP) for a FY 2020-2021 Florida Resilient Coastlines Program (FRCP) Grant It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 1, 2019. DESCRIPTION & CONDITIONS The Florida Department of Environmental Protection's Florida Resilient Coastlines Program provides grants to help coastal communities in Florida prepare and plan for rising sea levels, coastal flooding and erosion, and ecosystem changes. Eligible applicants include local governments within the 35 coastal counties of Florida that are required to have a Coastal Management Element in their comprehensive plan. The deadline for application for the 2020-2021 grant cycle is October 7, 2019, and the maximum grant award is $75,000.00. ANALYSIS The Florida Resilient Coastlines Program provides grant funding for projects in the following five priority areas: 1. Compliance with "Peril of Flood" statute (Sec. 163.3178(2)(f) F.S.) for communities with a Coastal Management Element in their comprehensive plan. 2. Development of Adaptation Action Areas and associated Goals, Objectives, and Policies for communities with a Coastal Management Element in their comprehensive plan. 3. Vulnerability Assessments, Adaptation Plans or Resilience Plans other than that necessary for compliance with Peril of Flood Requirements, such as those for historic resources or stormwater management systems. 4. Regional collaboration efforts. 5. Environmental Justice to ensure that all aspects of the environment are being considered in the plan and its outcomes, such as those for historic resources or stormwater management systems. To date, the County has addressed some of these priority area issues, including recent revisions to the County's Coastal Management Element of the comprehensive plan making it compliant with the "Peril of Flood" statute (Sec. 163.3178(2)(f) F.S). These revisions included the addition of sea level rise inundation maps and a generalized risk assessment to critical infrastructure in the County. To better assess the potential risks related to sea level rise and coastal flooding, the proposed grant project 10 involves the completion of a vulnerability assessment for critical property and infrastructure in Indian River County. This type of assessment not only helps to quantify the levels of risk, but also helps to plan and prioritize mitigation efforts. If the grant application is successful, County Staff will initiate a Request for Qualifications (RFQ) process to identify a qualified consultant to complete the vulnerability assessment. At that time, County Staff will bring this item back before the Board of County Commissioners for formal action. FUNDING Since the Florida Resilient Coastlines Program Grant requires no cash match, no funding commitment is required at this time. It is anticipated that the project will be completed entirely with grant funding. RECOMMENDATION This is an informational item only, no action is required at this time. ATTACHMENTS . 1. Cover Sheet and Project Summary and Description Page from the draft (FRCP) Grant Application 11 FY 2020-2021 GRANT APPLICATION Application documents are not to exceed 12 pages, including all supplemental and required documents. MUST USE THIS APPLICATION FORM I. TITLE PAGE 1. PROJECT TITLE: Indian River County Vulnerability Assessment (Limited to 100 characters) 2. GRANTEE Contact Information: Organization Name: Indian River County Name of Authorized Signer: Jason E. Brown Title: County Administrator Address: 1801 271h Street, Building A City: Vero Beach Zip Code: 32960 Area Code and Telephone Number: 772-226-1253 E-mail Address:.jbrown@ircgov.com 3. GRANT MANAGER Contact Information: Organization Name: Indian River County Name: Roland M. DeBlois, AICP Title: Interim Community Development Director Address: 1801 27th Street, Building A City: Vero Beach Zip Code: 32960 Area Code and Telephone Number: 772-226-1253 E-mail Address: rdeblois(acr�ircgov.com 4. FISCAL AGENT Contact Information: Organization Name: Indian River County Name: Raeanne Cone Title: Senior Accountant Address: 180127 1h Street, Building A City: Vero Beach Zip Code: 32960 Area Code and Telephone Number: 772-226-1219 E-mail Address: RCone@clerk.indian-river.org 12 II. WORK PLAN 5. PROJECT SUMMARY: In 2018, Indian River County revised its 2030 Comprehensive Plan — Coastal Management Element (CME) to bring it into compliance with the Peril of Flood Requirements of Sec. 163.3178(2)(f) F.S. During that process, potential sea level rise inundation scenarios were mapped and impacts based on broad descriptions of land use were analyzed. Basic mitigation and adaptation strategies were also discussed in the CME update. To build upon this effort, a more specific analysis of sea level rise and flooding risk is needed. To do this, a vulnerability assessment for assets and infrastructure in Indian River County will be completed. In addition, and as part of this project, the vulnerability assessment will be used to develop adaptation strategies to address assets, infrastructure, communities and groups that are at risk. 6. PROJECT DESCRIPTION: In order to develop a detailed vulnerability assessment, this project will incorporate the latest sea level rise projection data, as well as data related to rainfall, elevations, repetitive loss flooding, king tides, and hurricane storm surge. It will also include data from public outreach meetings, a County Staff working group assembled for the project, and an exposure analysis. In addition to the need for a vulnerability assessment, the recent CME update highlights the need for sea level rise and flooding adaptation strategies that consider disadvantaged and vulnerable groups, evaluate both the man-made and natural environment, and are economically feasible. The second component of this project is the development of adaptation strategies that address these important issues while referencing the level of risk drawn from the vulnerability assessment. 7. PROJECT NEED AND BENEFIT: A. Explain the demonstrated need, which the project addresses. Preliminary sea level rise inundation scenarios were analyzed during the recent CME update; however, many valuable data sources could not be incorporated due to time and budget constraints. This project takes that next step by completing a more detailed analysis of potential impacts related to sea level rise and flooding, B. Explain how the proposed project meets the purpose of one or more of the Goals and Priorities for FRCP. (See documents on the website: httos://floridadep.gov/resilience under Grants) FRCP Priority Area number 3 includes the completion of a vulnerability assessment and adaptation plan (strategies), other than those required for compliance with Peril of Flood Requirements. Since Indian River County recently completed updates to its CME to achieve compliance with the Peril of Flood Requirements, this grant project completes the remaining items included in FRCP Priority Area number 3. C. Discuss how the project is feasible and can be completed by the grant period deadline. Completion of this project within the deadline is feasible since the project will use many existing data sources, projections, and models. In addition, the County's GIS Department maintains some of the required data for the project in-house. The work therefore primarily consists of the assemblage of existing information, and the County anticipates using a consultant familiar with the FRCP Granit projects to complete the work. 13 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 5, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 30, 2019 to September 5, 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 August 30, 2019 to September 5, 2019. 14 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 386382 08/30/2019 PALM TRUCK CENTERS INC 9,896.82 386383 08/30/2019 VERO CLUB PARTNERS LTD 782.00 386384 08/30/2019 THE PALMS AT VERO BEACH 1,080.00 386385 08/30/2019 UNIFIRST CORPORATION 1,654.37 386386 08/30/2019 MLG GOLF INC 600.00 386387 08/30/2019 DEEP REAL ESTATE INC 974.00 386388 08/30/2019 SHAUNA WALGRAVE 1,900.00 Grand Total: 16,887.19 15 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1015498 08/30/2019 AT&T 330.61 1015499 08/30/2019 OFFICE DEPOT BSD CUSTOMER SVC 1,047.77 1015500 08/30/2019 WASTE MANAGEMENT INC 1,519.69 1015501 08/30/2019 COMCAST 20.97 1015502 09/05/2019 PARKS RENTAL & SALES INC 1,081.38 1015503 09/05/2019 COPYCOINC 91.66 1015504 09/05/2019 COLD AIR DISTRIBUTORS WAREHOUSE 129.08 1015505 09/05/2019 INDIAN RIVER BATTERY 171.40 1015506 09/05/2019 DAVES SPORTING GOODS & TROPHIES 1,455.00 1015507 09/05/2019 GALLS LLC 201.35 1015508 09/05/2019 MEEKS PLUMBING INC 358.50 1015509 09/05/2019 ABCO GARAGE DOOR CO INC 414.50 1015510 09%05/2019 IRRIGATION CONSULTANTS UNLIMITED INC 32.50 1015511 09/05/2019 SOUTHERN COMPUTER WAREHOUSE INC 2,333.13 1015512 09/05/2019 COMO OIL COMPANY OF FLORIDA 304.45 1015513 09/05/2019 PRIDE ENTERPRISES 205.59 1015514 09/05/2019 COMPLETE ELECTRIC INC 522.50 1015515 09/05/2019 STRYKER SALES CORP 216.72 1015516 09/05/2019 MIDWEST MOTOR SUPPLY CO 1,018.26 1015517 09/05/2019 RECHTIEN INTERNATIONAL TRUCKS 229.90 1015518 09/05/2019 CUMMINS INC 3,841.78 1015519 09/05/2019 METRO FIRE PROTECTION SERVICES INC 542.95 1015520 09%05/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 680.37 1015521 09/05/2019 SIMS CRANE & EQUIPMENT CO 2,375.40 1015522 09/05/2019 L&L DISTRIBUTORS 231.32 1015523 09/05/2019 EFE INC 1,371.47 1015524 09/05/2019 PACE ANALYTICAL SERVICES LLC 1,892.00 Grand Total: 22,620.25 16 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7040 08/30/2019 VEROTOWN LLC 440,050.11 7041 08/30/2019 KIMLEY HORN & ASSOC INC 25,685.00 7042 08/30/2019 AMERICAN FAMILY LIFE ASSURANCE CO 18,810.46 7043 08/30/2019 KIMLEY HORN & ASSOC INC 4,529.00 7044 08/30/2019 KIMLEY HORN & ASSOC INC 9,000.00 7045 08/30/2019 CDM SMITH INC 24,096.85 7046 08/30/2019 C E R SIGNATURE CLEANING 3,680.00 7047. 08/30/2019 C E R SIGNATURE CLEANING 5,250.00 P -CARD . 09/04/2019 TD BANK, N.A. 12,594.96 7048 09/05/2019 RX BENEFITS INC 275,336.74 7049 09/05/2019 ST LUCIE BATTERY & TIRE CO 1,030.00 7050 09/05/2019 CLERK OF CIRCUIT COURT 86,776.25 7051 09/05/2019 INDIAN RIVER COUNTY SHERIFF 4,076,513.98 7052 09/05/2019 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 92,596.64 Grand Total: 5,075,949.99 17 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 180127" Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 12, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 6, 2019 to September 12, 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 September 6, 2019 to September 12, 2019. L: CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 386389 09/06/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 386390 09/06/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 303.42 386391 09/06/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 386392 09/06/2019 NORTH CAROLINA CHILD SUPPORT 105.69 386393 09/06/2019 ECMC 295.62 386394 09/06/2019 NORTH CAROLINA DEPARTMENT OF REVENUE 84.49 386395 09/06/2019 COMMONWEALTH OF MASSACHUSETTS 154.00 386396 09/06/2019 KANSAS PAYMENT CENTER 219.69 386397 09/09/2019 UNIVERSITY OF FLORIDA 245.00 386398 09/09/2019 RESIDENCE INN ORLANDO SEAWORLD 109.00 386399 09/09/2019 RITA STRICKLAND 28.12 386400 09/09/2019 TRACEY L WEHKING 466.73 386401 09/09/2019 TAMMY ZALUCKY 306.38 386402 09/09/2019 UNIVERSITY OF MARYLAND 400.00 386403 09/09/2019 HENRY SCHEIN INC 4,061.38 386404 09/09/2019 E -Z BREW COFFEE & BOTTLE WATER SVC 31.44 386405 09/09/2019 GRAINGER 619.61 386406 09/09/2019 BARTH CONSTRUCTION INC 100.00 386407 09/09/2019 DELL MARKETING LP 189.00 386408 09/09/2019 BAKER & TAYLOR INC 146.64 386409 09/09/2019 BAKER DISTRIBUTING CO LLC 388.02 386410 09/09/2019 CITY OF VERO BEACH 2,101.92 386411 09/09/2019 CDM SMITH INC 1,905.00 386412 09/09/2019 AT&T 93.77 386413 09/09/2019 TREASURE COAST HOMELESS SERVICES 2,184.98 386414 09/09/2019 FLORIDA WATER & POLLUTION CONTROL 30.00 386415 09/09/2019 GEOSYNTEC CONSULTANTS INC 5,617.37 386416 09/09/2019 FEDERAL EXPRESS CORP 36.06 386417 09/09/2019 CALLAWAY GOLF SALES COMPANY 676.63 386418 09/09/2019 FLORIDA POWER AND LIGHT 34,504.06 386419 09/09/2019 FLORIDA POWER AND LIGHT 2,141.93 386420 09/09/2019 AMERICAN PLANNING ASSOCIATION 320.00 386421 09/09/2019 KENNETH CAMPBELL SENIOR 60.00 386422 09/09/2019 CENTRAL PUMP & SUPPLY INC 315.04 386423 09/09/2019 ETR LLC 97.94 386424 09/09/2019 GERELCOM INC 19,461.43 386425 09/09/2019 DIVOSTA HOMES LP 141,317.30 386426 09/09/2019 BENNETT FIRE PRODUCTS CO INC 13,446.00 386427 09/09/2019 FLORIDA COAST EQUIPMENT INC 1,202.30 386428 09/09/2019 KEITH GROCHOLL 40.00 386429 09/09/2019 LOWES HOME CENTERS INC 2,968.63 386430 09/09/2019 KYLE ANDERSON 225.00 386431 09/09/2019 BERNARD EGAN & COMPANY 532.50 386432 09/09/2019 CATHEDRAL CORPORATION 502.22 386433 09/09/2019 UNIFIRST CORPORATION 952.52 386434 09/09/2019 FLORIDA EAST COAST HOLDINGS CORP 100,161.07 386435 09/09/2019 EDWARD IILLIDGE 60.00 386436 09/09/2019 EMILY GOUGE 40.00 386437 09/09/2019 AQSEPTENCE GROUP INC 2,119.71 386438 09/09/2019 COLE AUTO SUPPLY INC 1,207.97 386439 09/09/2019 CORE & MAIN LP 5,809.84 386440 09/12/2019 UNIVERSITY OF FLORIDA 245.00 386441 09/12/2019 SHERATON ORLANDO NORTH HOTEL 387.00 386442 09/12/2019 SHERATON ORLANDO NORTH HOTEL 387.00 386443 09/12/2019 JASON E BROWN 75.00 386444 09/12/2019 CINDY CORRENTE 14.06 386445 09/12/2019 VIOLET KROCHMALNY 162.96 386446 09/12/2019 CHRISTINE KELLY BEGAZO 603.86 19 TRANS NBR DATE VENDOR AMOUNT 386447 09/12/2019 MICHAEL ZITO 216.00 386448 09/12/2019 ELIZABETH POWELL 108.00 386449 09/12/2019 WENDY SWINDELL 108.00 386450 09/12/2019 RESIDENCE INN ORLANDO SEAWORLD 109.00 386451 09/12/2019 WILLIAM RICE 9.00 386452 09/12/2019 LESLIE N MUNROE 36.00 386453 09/12/2019 JOHN BOYER 59.10 386454 09/12/2019 EASTERN FLORIDA STATE COLLEGE 5,000.00 386455 09/12/2019 ELLIESE SHAUGHNESSY 59.10 386456 09/12/2019 MERCEDES LANEY 359.78 386457 09/12/2019 UTIL REFUNDS 40.77 386458 09/12/2019 UTIL REFUNDS 44.24 386459 09/12/2019 UTIL REFUNDS 37.52 386460 09/12/2019 UTIL REFUNDS 36.73 386461 09/12/2019 UTIL REFUNDS 27.94 386462 09/12/2019 UTIL REFUNDS 177.98 386463 09/12/2019 UTIL REFUNDS 159.76 386464 09/12/2019 UTIL REFUNDS 93.44 386465 09/12/2019 UTIL REFUNDS 78.73 386466 09/12/2019 UTIL REFUNDS 88.92 386467 09/12/2019 UTIL REFUNDS 28.40 386468 09/12/2019 UTIL REFUNDS 91.30 386469 09/12/2019 UTIL REFUNDS 171.10 386470 09/12/2019 UTIL REFUNDS 15.00 386471 09/12/2019 UTIL REFUNDS 61.63. 386472 09/12/2019 UTIL REFUNDS 79.03 386473 09/12/2019 UTIL REFUNDS 38.65 386474 09/12/2019 UTIL REFUNDS 15.57 386475 09/12/2019 UTIL REFUNDS 44.57 386476 09/12/2019 UTIL REFUNDS 87.09 386477 09/12/2019 UTIL REFUNDS 43.34 386478 09/12/2019 UTIL REFUNDS 263.59 386479 09/12/2019 UTIL REFUNDS 88.17 386480 09/12/2019 UTIL REFUNDS 79.36 386481 09/12/2019 UTIL REFUNDS 292.24 386482 09/12/2019 UTIL REFUNDS 150.90 386483 09/12/2019 UTIL REFUNDS 90.98 386484 09/12/2019 UTIL REFUNDS 56.42 386485 09/12/2019 UTIL REFUNDS 1.80 386486 09/12/2019 UTIL REFUNDS 40.69 386487 09/12/2019 UTIL REFUNDS 28.95 386488 09/12/2019 UTIL REFUNDS 31.14 386489 09/12/2019 UTIL REFUNDS 26.68 386490 09/12/2019 UTIL REFUNDS 49.50 386491 09/12/2019 UTIL REFUNDS 152.19 386492 09/12/2019 UTIL, REFUNDS 69.34 386493 09/12/2019 UTIL REFUNDS 50.64 386494 09/12/2019 UTIL, REFUNDS 342.11 386495 09/12/2019 UTIL REFUNDS 30.38 386496 09/12/2019 UTIL, REFUNDS 343.76 386497 09/12/2019 UTIL, REFUNDS 70.97 386498 09/12/2019 PORT CONSOLIDATED INC 496.41 386499 09/12/2019 COMMUNICATIONS INTERNATIONAL 24,108.20 386500 09/12/2019 SSES INC 9,505.38 386501 09/12/2019 TEN -8 FIRE EQUIPMENT INC 748.48 386502 09/12/2019 RANGER CONSTRUCTION IND INC 1,723.17 386503 09/12/2019 VERO CHEMICAL DISTRIBUTORS INC 633.73 386504 09/12/2019 MUNICIPAL EQUIPMENT LLC 2,700.00 386505 09/12/2019 RICOH USA INC 175.49 386506 09/12/2019 RICOH USA INC 140.84 20 TRANS NBR DATE VENDOR AMOUNT 386507 09/12/2019 CHISHOLM CORP OF VERO 8,599.88 386508 09/12/2019 KIMLEY HORN & ASSOC INC 4,917.15 386509 09/12/2019 DATA FLOW SYSTEMS INC 1,626.00 386510 09/12/2019 SEWELL HARDWARE CO INC 571.12 386511 09/12/2019 PARALEE COMPANY INC 1,200.00 386512 09/12/2019 GRAINGER 248.74 386513 09/12/2019 LFI FORT PIERCE INC 1,420.56 386514 09/12/2019 CLIFF BERRY INC 147.00 386515 09/12/2019 ALLIED ELECTRONICS INC 116.35 386516 09/12/2019 NATIONAL FIRE PROTECTION ASSOC 175.00 386517 09/12/2019 KSM ENGINEERING & TESTING INC 1,313.40 386518 09/12/2019 VERO INDUSTRIAL SUPPLY INC 82.66 386519 .09/12/2019 CITY ELECTRIC SUPPLY 133.80 386520 09/12/2019 DELL MARKETING LP 310.00 386521 09/12/2019 BLAKESLEE SERVICES INC 65.00 386522 09/12/2019 ATKINS NORTH AMERICA INC 19,209.26 386523 09/12/2019 PALM TRUCK CENTERS INC 51.26 386524 09/12/2019 GO COASTAL INC 149.60 386525 09/12/2019 FLORIDA DEPT OF TRANSPORTATION 13.10 386526 09/12/2019 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 633.10 386527 09/12/2019 JANITORIAL DEPOT OF AMERICA INC 341.05 386528 09/12/2019 TREASURE COAST HOMELESS SERVICES 18,238.08 386529 09/12/2019 GEOSYNTEC CONSULTANTS INC 6,606.50 386530 09/12/2019 FEDERAL EXPRESS CORP 6.58 386531 09/12/2019 FEDERAL EXPRESS CORP 347.33 386532 09/12/2019 MORGAN & EKLUND INC 29,205.00 386533 09/12/2019 TIMOTHY ROSE CONTRACTING INC 1,256.70 386534 09/12/2019 CALLAWAY GOLF SALES COMPANY 756.86 386535 09/12/2019 FLORIDA POWER AND LIGHT 7,569.75 386536 09/12/2019 FLORIDA POWER AND LIGHT 1,759.05 386537 09/12/2019 FLORIDA POWER AND LIGHT 8,656.85 386538 09/12/2019 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 386539 09/12/2019 STATE ATTORNEY 8,286.52 386540 09/12/2019 WASTE MANAGEMENT INC 196,683.37 386541 09/12/2019 SUNSHINE STATE ONE CALL OF FL INC 1,130.33 386542 09/12/2019 TREASURE COAST SPORTS COMMISSION INC 250.00 386543 09/12/2019 FLORIDA STATE GOLF ASSOCIATION 2,500.00 386544 09/12/2019 BE SAFE SECURITY ALARMS INC 239.70 386545 09/12/2019 KURT STEFFEN 60.00 386546 09/12/2019 ALAN C KAUFFMANN 120.00 386547 09/12/2019 G K ENVIRONMENTAL INC 1,479.00 386548 09/12/2019 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 44.50 386549 09/12/2019 SHRIEVE CHEMICAL CO 20,092.48 386550 09/12/2019 MICHAEL QUIGLEY 10.00 386551 09/12/2019 ROWMAN & LITTLEFIELD 135.86 386552 09/12/2019 POTTERS INDUSTRIES LLC 5,760.00 386553 09/12/2019 CELICO PARTNERSHIP 357.46 386554 09/12/2019 CINTAS CORPORATION NO 2 647.19 386555 09/12/2019 VAN WAL INC 180.00 386556 09/12/2019 SOUTHERN JANITOR SUPPLY INC 3,037.91 386557 09/12/2019 MBV ENGINEERING INC 1,684.25 386558 09/12/2019 STAPLES CONTRACT & COMMERCIAL INC 995.11 386559 09/12/2019 W F MCCAIN & ASSOCIATES INC 825.00 386560 09/12/2019 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 5,142.53 386561 09/12/2019 GERELCOM INC 38,885.68 386562 09/12/2019 FLORIDA SUPERIOR SAND INC 490.17 386563 09/12/2019 THE NELROD COMPANY 2,085.00 386564 09/12/2019 WELCH TENNIS COURTS 200.00 386565 09/12/2019 CHARLES A WALKER 60.00 386566 09/12/2019 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 6,500.00 21 TRANS NBR DATE VENDOR AMOUNT 386567 09/12/2019 VERO BEACH BROADCASTERS LLC 550.00 386568 09/12/2019 NICOLACE MARKETING INC 3,535.00 386569 09/12/2019 WINSUPPLY OF VERO BEACH 86.08 386570 09/12/2019 LAZENBY & ASSOCIATES INC 2,832.20 386571 09/12/2019 MURPHY & WALKER P L 18,912.00 386572 09/12/2019 FLORIDA ARMATURE WORKS INC 150.00 386573 09/12/2019 OVERDRIVE INC 739.30 386574 09/12/2019 PROMATIC INC 520.25 386575 09/12/2019 PROMATIC INC 520.36 386576 09/12/2019 ALAN JAY CHEVROLET CADILLAC 24,189.00 386577 09/12/2019 LOWES HOME CENTERS INC 367.62 386578 09/12/2019 CARDINAL HEALTH 110 INC 66.48 386579 09/12/2019 ALEX MIKLO 60.00 386580 09/12/2019 BURNETT LIME CO INC 12,866.00 386581 09/12/2019 STRAIGHT OAK LLC 56.60 386582 09/12/2019 CHEMTRADE CHEMICALS CORPORTATION 2,863.06 386583 09/12/2019 COLONIAL HEIGHTS ACQUISITION LP 400.00 386584 09/12/2019 TRINOVA -FLORIDA INC 982.24 386585 09/12/2019 THE LAW OFFICES OF 581.00 386586 09/12/2019 BERNARD EGAN & COMPANY 1,875.00 386587 09/12/2019 AMERITAS 27,551.46 386588 09/12/2019 FOUNDATION FOR AFFORDABLE RENTAL 111.00 386589 09/12/2019 MICHAEL EDWARD HAMILTON 300.00 386590 09/12/2019 THE TRANSIT GROUP INC 7,737.64 386591 09/12/2019 BAUER INTERNATIONAL PURVEYORS LLC 999.05 386592 09/12/2019 CATHEDRAL CORPORATION 21,442.62 386593 09/12/2019 UNIFIRST CORPORATION 311.96 386594 09/12/2019 SONRISE VILLAS H LLC 400.00 386595 09/12/2019 CDA SOLUTIONS INC 500.00 386596 09/12/2019 SOLAR SOLUTIONS WINDOW TINTING INC 1,570.00 386597 09/12/2019 EZLINKS GOLF LLC 300.00 386598 09/12/2019 PTE GOLF LLC 1,247.97 386599 09/12/2019 EASTERN PIPELINE CONSTRUCTION INC 2,550.00 386600 09/12/2019 ICON SUPPLY INC 6,508.98 386601 09/12/2019 AC VETERINARY SPECIALTY SERVICES 134.11 386602 09/12/2019 WEDGEWOOD RENTALS LLC 400.00 386603 09/12/2019 A&T EUROPE S P A 770.00 386604 09/12/2019 MATHESON TRI -GAS INC 3,802.50 386605 09/12/2019 ROBERT O RICHARDSON III 80.00 386606 09/12/2019 COLE AUTO SUPPLY INC 211.61 386607 09/12/2019 BETH NOLAN 92.00 386608 09/12/2019 TOTAL ADMINISTRATIVE SERVICES CORP 2,389.10 386609 09/12/2019 ENVIRONMENTAL OPERATING SOLUTION INC 7,901.06 386610 09/12/2019 CORE & MAIN LP 28,170.25 386611 09/12/2019 WARREN CATERSON 200.00 386612 09/12/2019 GOMEZ BROTHERS IRRIGATION LLC 810.00 386613 09/12/2019 WOERNER AGRIBUSINESS LLC 146.50 386614 09/12/2019 STEPHEN STONE 60.00 386615 09/12/2019 STANTEC CONSULTING SERVICES INC 53,288.75 386616 09/12/2019 RAMONA MURPHY 39.50 386617 09/12/2019 AMAZON CAPITAL SERVICES INC 5,766.09 386618 09/12/2019 N1 CRITICAL TECHNOLOGIES INC 2,418.00 386619 09/12/2019 FORTERRA INC 21,234.12 386620 09/12/2019 VERONIQUE ORY STURIALE 60.00 386621 09/12/2019 ISCO INDUSTRIES INC 15,538.61 386622 09/12/2019 TERRACON CONSULTANTS INC 1,953.75 386623 09/12/2019 PIRATE PEST CONTROL LLC 392.00 386624 09/12/2019 BENEFIT EXPRESS SERVICES LLC 5,781.40 386625 09/12/2019 JORDAN POWER EQUIPMENT CORP - 2,102.11 386626 09/12/2019 JAMES ROMANEK 60.00 22 TRANS NBR DATE VENDOR AMOUNT 386627 09/12/2019 DERECK R PRINCE 240.00 386628 09/12/2019 JUDITH A BURLEY 93.00 386629 09/12/2019 APTIM CORP 7,199.71 386630 09/12/2019 DIANA L STILLMAN 25.00 386631 09/12/2019 JOAN BELLAFATTO REID 140.00 386632 09/12/2019 LEMMON LINES LLC 100.00 386633 09/12/2019 SWIM 2 GUARD LLC 120.00 386634 09/12/2019 AMERICAN AUTO GLASS 208.00 386635 09/12/2019 KENNETH FASS JR 40.00 386636 09/12/2019 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 860.61 386637 09/12/2019 PIERCE BENDER 40.00 386638 09/12/2019 PGL TRUCKING INC 5,668.48 386639 09/12/2019 LITIGATION SERVICES & TECHNOLOGIES OF FLORIDA 438.25 386640 09/12/2019 PAUL BAILEY 125.00 386641 09/12/2019 ANGEL ALEXANDER 150.00 386642 09/12/2019 UTIL REFUNDS 122.09 386643 09/12/2019 UTIL REFUNDS 36.85 386644 09/12/2019 UTIL REFUNDS 37.13 386645 09/12/2019 UTIL REFUNDS 86.02 386646 09/12/2019 UTIL REFUNDS 46.70 386647 09/12/2019 UTIL REFUNDS 41.03 386648 09/12/2019 UTIL REFUNDS 42.62 386649 09/12/2019 UTIL REFUNDS 32.77 386650 09/12/2019 UTIL REFUNDS 55.63 386651 09/12/2019 UTIL REFUNDS 91.48 386652 09/12/2019 UTIL REFUNDS 6.47 386653 09/12/2019 UTIL REFUNDS 202.90 386654 09/12/2019 UTI, REFUNDS 24.33 386655 09/12/2019 UTIL REFUNDS 82.58 386656 09/12/2019 UTIL REFUNDS 51.32 386657 09/12/2019 UTIL REFUNDS 319.37 386658 09/12/2019 UTIL REFUNDS 19.33 386659 09/12/2019 UTI, REFUNDS 73.98 386660 09/12/2019 UTIL REFUNDS 27.39 386661 09/12/2019 UTIL REFUNDS 38.62 386662 09/12/2019 UTIL REFUNDS 30.72 386663 09/12/2019 UTIL REFUNDS 61.41 386664 09/12/2019 UTIL REFUNDS 93.98 386665 09/12/2019 UTIL REFUNDS 68.81 386666 09/12/2019 UTIL REFUNDS 36.24 386667 09/12/2019 UTIL REFUNDS 6.08 386668 09/12/2019 UTIL REFUNDS 35.56 386669 09/12/2019 UTIL REFUNDS 68; 62 386670 09/12/2019 UTIL REFUNDS 8.31 386671 09/12/2019 UTIL REFUNDS 48.53 386672 09/12/2019 UTIL REFUNDS 78.17 386673 09/12/2019 UTIL REFUNDS 62.82 386674 09/12/2019 UTIL REFUNDS 88.39 386675 09/12/2019 UTIL REFUNDS 45.26 386676 09/12/2019 UTIL REFUNDS 77.54 386677 09/12/2019 UTIL REFUNDS 90.85 386678 09/12/2019 UTIL REFUNDS 52.27 386679 09/12/2019 UTIL REFUNDS 32.34 386680 09/12/2019 UTIL REFUNDS 89.90 386681 09/12/2019 UTIL REFUNDS 69.13 386682 09/12/2019 UTIL REFUNDS 41.50 386683 09/12/2019 UTIL REFUNDS 85.37 386684 09/12/2019 UTIL REFUNDS 65.40 386685 09/12/2019 UTIL REFUNDS 16.82 386686 09/12/2019 UTIL REFUNDS 69.68 23 TRANS NBR DATE VENDOR AMOUNT 386687 09/12/2019 UTIL REFUNDS 18.03 386688 09/12/2019 UTIL REFUNDS 33.92 386689 09/12/2019 UTIL REFUNDS 13.61 Grand Total: 1,130,640.20 24 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE 1015525 09/06/2019 1015526 09/10/2019 1015527 09/12/2019 1015528 09/12/2019 1015529 09/12/2019 1015530 09/12/2019 1015531 09/12/2019 1015532 09/12/2019 1015533 09/12/2019 1015534 09/12/2019 Grand Total: VENDOR AMOUNT COMCAST 388.08 OFFICE DEPOT BSD CUSTOMER SVC 3,385.26 INDIAN RIVER OXYGEN INC 78.50 GALLS LLC 116.25 ALLIED UNIVERSAL CORP 5,130.90 IRRIGATION CONSULTANTS UNLIMITED INC 35.37 GROVE WELDERS INC 89.00 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 294.76 HYDRA SERVICE (S) INC 1,250.00 COUNTY MATERIALS CORPORATION 6,539.52 17,307.64 25 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7053 09/06/2019 FL RETIREMENT SYSTEM 647,936.35 7054 09/06/2019 TOTAL ADMINISTRATIVE SERVICES CORP 11,982.13 7055 09/06/2019 ATLANTIC COASTAL LAND TITLE CO LLC 288,410.50 7056 09/06/2019 CDM SMITH INC 78,639.66 7057 09/06/2019 KIMLEY HORN & ASSOC INC 18,204.54 7058 09/06/2019 VERO HERITAGE INC 2,025.00 7059 09/06/2019 IRC CHAMBER OF COMMERCE 8,784.95 7060 09/06/2019 IRC CHAMBER OF COMMERCE 8,366.50 7061 09/06/2019 SENIOR RESOURCE ASSOCIATION 247,744.22 7062 09/06/2019 IRC FIRE FIGHTERS ASSOC 9,628.80 7063 09/06/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 52,501.64 7064 09/06/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 5,086.86 7065 09/09/2019 IRS -PAYROLL TAXES 422,952.22 7066 .09/09/2019 FL SDU 5,704.44 7067 09/10/2019 STEWART TITLE COMPANY INC 10,000.00 7068 09/11/2019 1 R C HEALTH INSURANCE - TRUST 86,455.53 7069 09/11/2019 MUTUAL OF OMAHA 7,270.10 7070 09/11/2019 MUTUAL OF OMAHA 2,618.00 7071 09/11/2019 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 12,050.00 7072 09/11/2019 RUSSELL PAYNE INC 109,034.55 7073 09/11/2019 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 40,781.73 7074 09/11/2019 RX BENEFITS INC 2,285.71 7075 09/12/2019 WEST HEALTH ADVOCATE SOLUTIONS INC 1,519.65 Grand Total: 2,079,983.08 26 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 2711 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 19, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 13, 2019 to September 19, 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 September 13, 2019 to September 19, 2019. 27 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 386690 09/13/2019 BAKER & TAYLOR INC 2,754.57 386691 09/13/2019 MIDWEST TAPE LLC 3,706.08 386692 09/13/2019 SUMMERLINS MARINE CONST LLC 4,925.00 386693 09/13/2019 PROQUEST LLC 10,673.37 386694 09/13/2019 KWACKS INC 16,309.08 386695 09/13/2019 TREASURE COAST MOTOR CYCLE CENTER INC 665.25 386696 09/13/2019 PROMATIC INC 502.10 386697 09/13/2019 SEMS TECHNOLOGIES LLC 4,500.00 386698 09/13/2019 MOORE MOTORS INC 1,200.00 386699 09/13/2019 MUNICIPAL EMERGENCY SERVICES INC 2,790.95 386700 09/13/2019 SOUTHWIDE INDUSTRIES INC 34,505.33 386701 09/13/2019 TREASURE COAST TURF INC 510.00 386702 09/13/2019 JOHNSON-DAVIS INCORPORATED 41,099.85 386703 09/13/2019 SITEONE LANDSCAPE SUPPLY LLC 278.00 386704 09/13/2019 BARSALOU VENTURES LLC 14.00 386705 09/13/2019 WURTH USA INC 44.34 386706 09/13/2019 RECYCLING ROCKS LLC 2,200.00 386707 09/13/2019 NESTLE WATERS NORTH AMERICA 121.80 386708 09/13/2019 JOE PAYNE INC 5,606.64 386709 09/13/2019 STEWART MATERIALS LLC 539.50 386710 09/13/2019 VIKING LANDSCAPING LLC 7,500.00 386711 09/13/2019 &BUILDER INC 7,215.72 386712 09/13/2019 CALITEN LLC 33.28 386713 09/13/2019 PC SOLUTIONS & INTEGRATION INC 3,354.20 386714 09/13/2019 NATIONAL OFFICE FURNITURE INC 12,662.80 386715 09/13/2019 SAFEWARE INC 13,257.15 386716 09/13/2019 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 875.81 386717 09/13/2019 JONES & BARTLETT LEARNING LLC 1,055.61 386718 09/13/2019 PITTSBURGH WATER COOLER SERVICE INC 631.85 386719 09/19/2019 SHERATON ORLANDO NORTH HOTEL 258.00 386720 09/19/2019 RENAISSANCE ORLANDO RESORT 278.00 386721 09/19/2019 FLORIDA ATLANTIC UNIVERSITY 250.00 386722 09/19/2019 BRIAN FREEMAN 32.93 386723 09/19/2019 NICHOLAS RAMOS 250.00 386724 09/19/2019 KEVIN KERWIN 167.46 386725 09/19/2019 UTIL REFUNDS 76.35 386726 09/19/2019 UTIL REFUNDS 32.14 386727 09/19/2019 UTIL, REFUNDS 33.71 386728 09/19/2019 UTIL REFUNDS 83.18 386729 09/19/2019 UTIL REFUNDS 25.45 386730 09/19/2019 UTIL REFUNDS 74.72 386731 09/19/2019 UTIL REFUNDS 93.44 386732 09/19/2019 UTIL REFUNDS 8.81 386733 09/19/2019 UTIL REFUNDS 68.85 386734 09/19/2019 UTIL REFUNDS 25.99 386735 09/19/2019 UTIL REFUNDS 63.13 386736 09/19/2019 UTIL REFUNDS 159.02 386737 09/19/2019 UTIL REFUNDS 69.46 386738 09/19/2019 UTIL REFUNDS 50.00 386739 09/19/2019 UTIL REFUNDS 5.25 386740 09/19/2019 UTIL REFUNDS 70.20 386741 09/19/2019 UTIL REFUNDS 59.68 386742 09/19/2019 UTIL REFUNDS 38.12 386743 09/19/2019 UTIL REFUNDS 70.13 386744 09/19/2019 UTIL REFUNDS 163.97 386745 09/19/2019 UTIL REFUNDS 60.88 386746 09/19/2019 UTIL REFUNDS 7.32 386747 09/19/2019 UTIL REFUNDS 174.19 TRANS NBR DATE VENDOR AMOUNT 386748 09/19/2019 UTIL REFUNDS 62.82 386749 09/19/2019 UTIL REFUNDS 74.09 386750 09/19/2019 UTIL REFUNDS 62.49 386751 09/19/2019 UTIL REFUNDS 34.80 386752 09/19/2019 UTIL REFUNDS 61.30 386753 09/19/2019 UTEL REFUNDS 26.04 386754 09/19/2019 UTIL REFUNDS 65.92 386755 09/19/2019 UTEL REFUNDS 45.83 386756 09/19/2019 UTIL REFUNDS 370.96 386757 09/19/2019 UTIL REFUNDS 28.43 386758 09/19/2019 UTIL REFUNDS 51.78 386759 09/19/2019 UTIL REFUNDS 208.35 386760 09/19/2019 UTIL REFUNDS 48.56 386761 09/19/2019 UTIL REFUNDS 84.83 386762 09/19/2019 UTIL REFUNDS 79.37 386763 09/19/2019 UTIL REFUNDS 71.72 386764 09/19/2019 UTIL REFUNDS 29.60 386765 09/19/2019 UTIL REFUNDS 42.93 386766 09/19/2019 UTIL REFUNDS 43.19 386767 09/19/2019 UTIL REFUNDS 88.28 386768 09/19/2019 UTIL REFUNDS 40.94 386769 09/19/2019 UTIL REFUNDS 75.77 386770 09/19/2019 PORT CONSOLIDATED INC 784.83 386771 09/19/2019 COMMUNICATIONS INTERNATIONAL 385.95 386772 09/19/2019 TEN-8 FIRE EQUIPMENT INC 7,254.29 386773 09/19/2019 RANGER CONSTRUCTION IND INC 1,832.51 386774 09/19/2019 VERO CHEMICAL DISTRIBUTORS INC 265.70 386775 09/19/2019 RICOH USA INC 162.98 386776 09/19/2019 RICOH USA INC 20.96 386777 09/19/2019 CHISHOLM CORP OF VERO 6,363.00 386778 09/19/2019 KIMLEY HORN & ASSOC INC 9,398.31 386779 09/19/2019 HENRY SCHEIN INC 1,352.00 386780 09/19/2019 SAFETY PRODUCTS INC 326.40 386781 09/19/2019 AT&T WIRELESS 1,018.18 386782 09/19/2019 SEWELL HARDWARE CO INC 1,019.83 386783 09/19/2019 PARALEE COMPANY INC 600.00 386784 09/19/2019 B G KENN INC 159.95 386785 09/19/2019 GRAINGER 2,875.28 386786 09/19/2019 KELLY TRACTOR CO 9,079.11 386787 09/19/2019 SAFETY KLEEN SYSTEMS INC 350.29 386788 09/19/2019 GRAYBAR ELECTRIC 514.04 386789 09/19/2019 REPUBLIC SERVICES INC 501,905.10 386790 09/19/2019 HACH CO 255.89 386791 09/19/2019 LFI FORT PIERCE INC 789.20 386792 09/19/2019 CLIFF BERRY INC 483.00 386793 09/19/2019 PARKSON CORPORATION 93,927.00 386794 09/19/2019 KSM ENGINEERING & TESTING INC 210.00 386795 09/19/2019 BOUND TREE MEDICAL LLC 422.18 386796 09/19/2019 SCHULKE BITTLE & STODDARD LLC 1,019.25 386797 09/19/2019 VERO INDUSTRIAL SUPPLY INC 23.00 386798 09/19/2019 EXPRESS REEL GRINDING INC 3,500.00 386799 09/19/2019 TIRESOLES OF BROWARD INC 2,734.90 386800 09/19/2019 H C WARNER INC 341.15 386801 09/19/2019 CITY ELECTRIC SUPPLY COMPANY 9.87 386802 09/19/2019 NEWMANS POWER SYSTEMS 398.15 386803 09/19/2019 DELL MARKETING LP 620.00 386804 09/19/2019 GOLF SPECIALTIES INC 750.00 386805 09/19/2019 BLAKESLEE SERVICES INC 695.00 386806 09/19/2019 BARNEYS PUMP INC 13,850.00 386807 09/19/2019 MIDWEST TAPE LLC 5,229.67 29 TRANS NBR DATE VENDOR AMOUNT 386808 09/19/2019 BAKER DISTRIBUTING CO LLC 404.67 386809 09/19/2019 PALM TRUCK CENTERS INC 2,180.00 386810 09/19/2019 SOFTWARE HARDWARE INTEGRATION 327.66 386811 09/19/2019 ENNIS-FLINT INC 13,910.00 386812 09/19/2019 TINDALE-OLIVER & ASSOCIATES INC 10,466.63 386813 09/19/2019 CLERK OF CIRCUIT COURT 40.16 386814 09/19/2019 CLERK OF CIRCUIT COURT 59.00 386815 09/19/2019 CLERK OF CIRCUIT COURT 3,074.20 386816 09/19/2019 INDIAN RIVER COUNTY HEALTH DEPT 712.00 386817 09/19/2019 CITY OF VERO BEACH 1,389.17 386818 09/19/2019 LIVINGSTON PAGE 120.00 386819 09/19/2019 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 27.45 386820 09/19/2019 TREASURE COAST HOMELESS SERVICES 8,246.40 386821 09/19/2019 WAL MART STORES EAST LP 1,554.95 386822 09/19/2019 GEOSYNTEC CONSULTANTS INC 3,246.88 386823 09/19/2019 CALLAWAY GOLF SALES COMPANY 222.68 386824 09/19/2019 FLORIDA POWER AND LIGHT 94,053.68 386825 09/19/2019 TAYLOR MADE GOLF CO INC 776.54 386826 09/19/2019 GIFFORD YOUTH ACHIEVEMENT CENTER INC 15,250.81 386827 09/19/2019 CITY OF FELLSMERE 6,628.05 386828 09/19/2019 PEACE RIVER ELECTRIC COOP INC 248.95 386829 09/19/2019 STRUNK FUNERAL HOMES & CREMATORY 425.00 386830 09/19/2019 STRUNK FUNERAL HOMES & CREMATORY 850.00 386831 09/19/2019 THE ROOF AUTHORITY INC 33,190.71 386832 09/19/2019 IRC HEALTHY START COALITION INC 2,500.00 386833 09/19/2019 IRC HEALTHY START COALITION INC 2,500.00 386834 09/19/2019 IRC HEALTHY START COALITION INC 2,500.00 386835 09/19/2019 IRC HEALTHY START COALITION INC 2,500.00 386836 09/19/2019 IRC HEALTHY START COALITION INC 833.33 386837 09/19/2019 WALKER PROCESS EQUIPMENT 1,322.32 386838 09/19/2019 TRANSPORTATION CONTROL SYSTEMS 18,500.00 386839 09/19/2019 ALAN C KAUFFMANN 240.00 386840 09/19/2019 ARNOLD AIR CONDITONING INC 194.00 386841 09/19/2019 CHILDRENS HOME SOCIETY OF FL 1,000.00 386842 09/19/2019 SYMBIONT SERVICE CORP 196.75 386843 09/19/2019 BRIDGESTONE AMERICAS INC 760.60 386844 09/19/2019 SHRIEVE CHEMICAL CO 4,079.76 386845 09/19/2019 ECONOLITE CONTROL PRODUCTS INC 1,456.00 386846 09/19/2019 PERKINS COMPOUNDING PHARMACY 68.33 386847 09/19/2019 TRANE US INC 166,529.76 386848 09/19/2019 CELICO PARTNERSHIP 1,009.96 386849 09/19/2019 JAMES A BARRY 795.00 386850 09/19/2019 CONTROL SYSTEMS DESIGN INC 1,080.00 386851 09/19/2019 VAN WAL INC 120.00 386852 09/19/2019 ELECTRONIC ACCESS SPECIALIST 621.26 386853 09/19/2019 JOSEPH W VASQUEZ 120.00 386854 09/19/2019 BIG BROTHERS AND BIG SISTERS 1,250.00 386855 09/19/2019 BIG BROTHERS AND BIG SISTERS 6,254.17 386856 09/19/2019 DASIE BRIDGEWATER HOPE CENTER INC 6,188.11 386857 09/19/2019 SOUTHERN JANITOR SUPPLY INC 3,031.13 386858 09/19/2019 M T CAUSLEY INC 29,502.00 386859 09/19/2019 STAPLES CONTRACT & COMMERCIAL INC 358.63 386860 09/19/2019 GLOVER OIL COMPANY INC 153,993.91 386861 09/19/2019 ORCHID ISLAND PROPERTY MGMT II INC 1,845.00 386862 09/19/2019 1ST FIRE & SECURITY INC 199.00 386863 09/19/2019 PAK MAIL 68.60 386864 09/19/2019 RUSH TRUCK CENTERS OF FLORIDA 989.78 386865 09/19/2019 JOHNNY B SMITH 180.00 386866 09/19/2019 EARLY LEARNING COALITION OF INDIAN RIVER 2,776.87 386867 09/19/2019 DANE MACDONALD 300.00 30 TRANS NBR DATE VENDOR AMOUNT 386868 09/19/2019 CHARLES A WALKER 140.00 386869 09/19/2019 AQUA -AEROBIC SYSTEMS INC 19,498.68 386870 09/19/2019 REDLANDS CHRISTIAN MIGRANT ASSOC 4,278.83 386871 09/19/2019 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 5,000.00 386872 09/19/2019 BILLYS AUTO SERVICE INC 50.00 386873 09/19/2019 AUTO PARTNERS LLC 2,049.81 386874 09/19/2019 KWACKS INC 925.00 386875 09/19/2019 EQ THE ENVIRONMENTAL QUALITY COMPANY 20,207.92 386876 09/19/2019 WINSUPPLY OF VERO BEACH 756.71 386877 09/19/2019 SANDYARACENA 100.00 386878 09/19/2019 PR DIAMOND PRODUCTS INC 498.00 386879 09/19/2019 WEST CONSTRUCTION INC 697,497.37 386880 09/19/2019 ATLANTIC COASTAL LAND TITLE CO LLC 255.00 386881 09/19/2019 KEITH GROCHOLL 60.00 386882 09/19/2019 GFA INTERNATIONAL INC 11,402.80 386883 09/19/2019 NEWSOM OIL COMPANY 965.25 386884 09/19/2019 AMER RECREATIONAL SPORTS LLC 236.99 386885 09/19/2019 LOWES HOME CENTERS INC 8,455.23 386886 09/19/2019 CARDINAL HEALTH 110 INC 4,201.00 386887 09/19/2019 ALEX MIKLO 60.00 386888 09/19/2019 BURNETT LIME CO INC 3,190.60 386889 09/19/2019 SOUT1 WIDE INDUSTRIES INC 37,807.44 386890 09/19/2019 LEARNING ALLIANCE 7,909.98 386891 09/19/2019 W&G MAINTENANCE 9,490.00 386892 09/19/2019 SCADA SOLUTIONS LLC 1,200.00 386893 09/19/2019 SOUTHERN MANAGEMENT LLC 1,942.50 386894 09/19/2019 C E R SIGNATURE CLEANING 850.00 386895 09/19/2019 DEBORAH CUEVAS 40.00 386896 09/19/2019 MERRILY SPARKS 79.00 386897 09/19/2019 BAUDVILLE INC 944.27 386898 09/19/2019 SAMBA HOLDINGS INC 1,332.77 386899 09/19/2019 BERNARD EGAN & COMPANY 248.64 386900 09/19/2019 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 386901 09/19/2019 SYLIVIA MILLER 413.00 386902 09/19/2019 HAWKINS INC 290.00 386903 09/19/2019 ANDERSEN ANDRE CONSULTING ENGINEERS INC 310.00 386904 09/19/2019 CAREFREE RANCH 1,000.00 386905 09/19/2019 CATHEDRAL CORPORATION 17,209.84 386906 09/19/2019 SOUTHEASTERN SURVEYING & MAPPING CORP 26,266.00 386907 09/19/2019 CORNELIA HARRIS 106.70 386908 09/19/2019 UNIFIRST CORPORATION 2,212.30 386909 09/19/2019 CDA SOLUTIONS INC 300.00 386910 09/19/2019 L M SANDLER & SONS INC 60,713.09 386911 09/19/2019 NORTH AMERICAN OFFICE SOLUTIONS INC 293.84 386912 09/19/2019 FLORIDA EAST COAST HOLDINGS CORP 7,660.00 386913 09/19/2019 HARN R/O SYSTEMS INC 1,500.00 386914 09/19/2019 EAST COAST RECYCLING INC 720.00 386915 09/19/2019 AC VETERINARY SPECIALTY SERVICES 180.00 386916 09/19/2019 EDWARD ILLIDGE 200.00 386917 09/19/2019 PEOPLE READY INC 28,708.61 386918 09/19/2019 ROBERT O RICHARDSON III 260.00 386919 09/19/2019 EMILY GOUGE 100.00 386920 09/19/2019 CANARX GROUP INC 28,707.80 386921 09/19/2019 COLE AUTO SUPPLY INC 6,812.70 386922 09/19/2019 DAYDREAMS UNIFORMS INC 104.50 386923 09/19/2019 RECYCLING ROCKS LLC 200.00 386924 09/19/2019 FLORIDA BULB & BALLAST INC 6,167.29 386925 09/19/2019 RELX INC 400.00 386926 09/19/2019 CALVIN GIORDANO & ASSOCIATES INC 24,112.50 386927 09/19/2019 ADVANTAGE GOLF CARS INC 319.63 31 TRANS NBR DATE VENDOR AMOUNT 386928 09/19/2019 BROWNELLS INC 2,187.90 386929 09/19/2019 DJD EQUIPMENT HOLDINGS LLC 4,971.94 386930 09/19/2019 TYKES & TEENS INC 7,169.09 386931 09/19/2019 ICAHN ENTERPRISES HOLDINGS LP 26,348.21 386932 09/19/2019 THERNELL MILLS 40.00 386933 09/19/2019 ACTION RENTALS VRB LLC 560.00 386934 09/19/2019 OSBURN ASSOCIATES INC 11,650.00 386935 09/19/2019 STEPHEN STONE 60.00 386936 09/19/2019 JOSEPH LORINO 180.00 386937 09/19/2019 ARI PHOENIX INC 2,737.49 386938 09/19/2019 DIRECTV GROUP INC 56.24 386939 09/19/2019 TAYLOR ANNE HATTON 40.00 386940 09/19/2019 VISTA OUTDOOR SALES LLC 11.30 386941 09/19/2019 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIO 24,970.12 386942 09/19/2019 AMAZON CAPITAL SERVICES INC 156.50 386943 09/19/2019 AMAZON CAPITAL SERVICES INC 1,401.40 386944 09/19/2019 FORTERRA INC 16,033.05 386945 09/19/2019 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,390.00 386946 09/19/2019 MARINA SALAMA 150.00 386947 09/19/2019 PIRATE PEST CONTROL LLC 932.00 386948 09/19/2019 ALL RITE WATER PURIFICATION INC 5.04 386949 09/19/2019 AMERIGAS PROPANE LP 5,290.53 386950 09/19/2019 GOLFTNI INC 30.50 386951 09/19/2019 METROPOLITAN COMMUNICATION SERVICES INC 338.00 386952 09/19/2019 JOHN J DRISCOLL 120.00 386953 09/19/2019 THE HOPE FOR FAMILIES CENTER INC 4,064.93 386954 09/19/2019 BANYAN RECYCLING INC 210.00 386955 09/19/2019 JORDAN POWER EQUIPMENT CORP 969.50 386956 09/19/2019 BRYAN CAVE LEIGHTON PAISNER LLP 107,257.70 386957 09/19/2019 AUTOMATED METAL PRODUCTS INC 668.80 386958 09/19/2019 GATEWAY SERVICES USA LLC 50.00 386959 09/19/2019 MENESTRELLI ENTERTAINMENT LLC 375.00 386960 09/19/2019 INVASIVE PLANT ERADICATORS LLC 1,300.00 386961 09/19/2019 PGL TRUCKING INC 4,825.44 386962 09/19/2019 TELEFLEX LLC 3,850.00 386963 09/19/2019 BIRDIES & BOWS LLC 791.18 386964 09/19/2019 LOBBYTOOLS INC 3,600.00 386965 09/19/2019 DANIELLE BODMAN 80.00 386966 09/19/2019 COURTNEY BYRD 106.70 386967 09/19/2019 MONICA MURILLO 53.35 386968 09/19/2019 SEAN WIDEBERG 106.70 386969 09/19/2019 INDIAN RIVER POOLS LLC 150.00 386970 09/19/2019 ROBERT BOLES 1,652.70 386971 09/19/2019 TERRY SQUIRES 64.61 386972 09/19/2019 UTIL REFUNDS 44.74 386973 09/19/2019 UTIL REFUNDS 37.39 386974 09/19/2019 UTIL REFUNDS 69.96 386975 09/19/2019 UTIL REFUNDS 40.13 386976 09/19/2019 UTIL REFUNDS 82.12 386977 09/19/2019 UTIL REFUNDS 12.35 386978 09/19/2019 UTIL REFUNDS 30.60 386979 09/19/2019 UTIL, REFUNDS 237.74 386980 09/19/2019 UTIL REFUNDS 30.66 386981 09/19/2019 UTIL REFUNDS 217.24 386982 09/19/2019 UTIL REFUNDS 87.17 386983 09/19/2019 UTIL REFUNDS 38.68 386984 09/19/2019 UTIL REFUNDS 78.84 386985 09/19/2019 UTIL REFUNDS 154.61 386986 09/19/2019 UTIL REFUNDS 83.97 386987 09/19/2019 UTIL REFUNDS 72.21 32 TRANS NBR DATE VENDOR AMOUNT 386988 09/19/2019 UTIL REFUNDS 81.39 386989 09/19/2019 UTIL REFUNDS 87.09 386990 09/19/2019 UTIL REFUNDS 53.26 386991 09/19/2019 UTIL REFUNDS 100.00 386992 09/19/2019 UTIL REFUNDS 104.39 386993 09/19/2019 UTIL REFUNDS 4.08 386994 09/19/2019 UTIL REFUNDS 73.37 386995 09/19/2019 UTIL REFUNDS 82.21 386996 09/19/2019 UTIL REFUNDS 3.79 386997 09/19/2019 UTIL REFUNDS 59.45 386998 09/19/2019 UTIL REFUNDS 63.25 386999 09/19/2019 UTIL REFUNDS 29.28 387000 09/19/2019 UTEL REFUNDS 53.14 387001 09/19/2019 UTEL REFUNDS 88.20 387002 09/19/2019 UTIL REFUNDS 82.06 387003 09/19/2019 UTIL REFUNDS 100.42 387004 09/19/2019 UTIL REFUNDS 183.97 387005 09/19/2019 UTIL REFUNDS 150.25 387006 09/19/2019 UTIL REFUNDS 29.29 387007 09/19/2019 UTIL REFUNDS 139.03 387008 09/19/2019 UTEL REFUNDS 119.20 387009 09/19/2019 UTIL REFUNDS 40.77 387010 09/19/2019 UTIL REFUNDS 71.74 387011 09/19/2019 UTEL REFUNDS 77.63 387012 09/19/2019 UTIL REFUNDS 13.87 387013 09/19/2019 UTIL REFUNDS 44.74 387014 09/19/2019 UTIL REFUNDS 47.07 Grand Total: 2,767,851.35 33 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1015535 09/13/2019 AT&T 2,016.64 1015536 09/13/2019 OFFICE DEPOT BSD CUSTOMER SVC 4,087.21 1015537 09/13/2019 COMCAST 216.90 1015538 09/13/2019 WASTE MANAGEMENT INC 7,899.63 1015539 09/17/2019 AT&T 1,027.98 1015540 09/17/2019 OFFICE DEPOT BSD CUSTOMER SVC 803.64 1015541 09/17/2019 COPYCOINC 225.00 1015542 09/17/2019 WORLD INDUSTRIAL EQUIPMENT INC 1,138.00 1015543 09/17/2019 SOUTHERN COMPUTER WAREHOUSE INC 1,536.85 1015544 09/17/2019 PRIDE ENTERPRISES 363.73 1015545 09/17/2019 PIONEER MANUFACTURING 1,062.50 1015546 09/17/2019 EASY PICKER GOLF PRODUCTS INC 2,765.25 1015547 09/17/2019 PACE ANALYTICAL SERVICES LLC 3,396.00 1015548 09/19/2019 ROBINSON EQUIPMENT COMPANY INC 1,645.23 1015549 09/19/2019 COLD AIR DISTRIBUTORS WAREHOUSE 574.46 1015550 09/19/2019 INDIAN RIVER BATTERY 2,998.55 1015551 09/19/2019 INDIAN RIVER OXYGEN INC 170.00 1015552 09/19/2019 DEMCOINC 206.51 1015553 09/19/2019 MIKES GARAGE & WRECKER SERVICE INC 65.00 1015554 09/19/2019 APPLE INDUSTRIAL SUPPLY CO 1,905.71 1015555 09/19/2019 MEEKS PLUMBING INC 196.00 1015556 09/19/2019 ALLIED UNIVERSAL CORP 10,113.38 1015557 09/19/2019 THE EXPEDITER 112.63 1015558 09/19/2019 WORLD INDUSTRIAL EQUIPMENT INC 1,364.05 1015559 09/19/2019 FIRST HOSPITAL LABORATORIES INC 32.25 1015560 09/19/2019 APPLE MACHINE & SUPPLY CO 259.20 1015561 09/19/2019 COMMERCIAL ENERGY SPECIALISTS 558.85 1015562 09/19/2019 TOTAL TRUCK PARTS INC 1,041.21 1015563 09/19/2019 COMO OIL COMPANY OF FLORIDA 386.02 1015564 09/19/2019 PRIDE ENTERPRISES 95.98 1015565 09/19/2019 COMPLETE ELECTRIC INC 982.50 1015566 09/19/2019 STRYKER SALES CORP 359.20 1015567 09/19/2019 GREAT SOUTHERN EQUIPMENT CO 962.18 1015568 09/19/2019 METRO FIRE PROTECTION SERVICES INC 885.93 1015569 09/19/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,301.56 1015570 09/19/2019 COMPLETE ALARM INC. 85.00 1015571 09/19/2019 SIMS CRANE & EQUIPMENT CO 642.00 1015572 09/19/2019 AUTO PARTNERS LLC 811.87 1015573 09/19/2019 L&L DISTRIBUTORS 3,185.52 1015574 09/19/2019 HYDRA SERVICE (S) INC 17,987.00 1015575 09/19/2019 WRIGHT FASTENER COMPANY LLC 600.00 1015576 09/19/2019 NEXAIR LLC 81.07 1015577 09/19/2019 EFE INC 3,614.18 1015578 09/19/2019 PACE ANALYTICAL SERVICES LLC 4,342.00 Grand Total: 84,104.37 34 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7076 09/13/2019 FLORIDA DEPARTMENT OF REVENUE 5,787.49 7077 09/13/2019 FLORIDA DEPARTMENT OF REVENUE 1,754.40 7078 09/13/2019 FLORIDA DEPARTMENT OF REVENUE 8,681.17 7079 09/13/2019 FLORIDA DEPARTMENT OF REVENUE 2,184.52 7080 09/13/2019 KIMLEY HORN & ASSOC INC 1,061.70 7081 09/16/2019 IRS -PAYROLL TAXES 16,755.65 7082 09/16/2019 CHARD SNYDER & ASSOCIATES INC 184.00 7083 09/17/2019 CHARD SNYDER & ASSOCIATES INC 312.00 7084 09/17/2019 WEST HEALTH ADVOCATE SOLUTIONS INC 3,003.00 7085 09/17/2019 RX BENEFITS INC 256,911.26 7086 09/18/2019 HUMANE SOCIETY 37,860.00 7087 09/18/2019 VETERANS COUNCIL OF I R C 7,036.06 7088 09/19/2019 SCHOOL DISTRICT OF I R COUNTY 130,910.00 7089 09/19/2019 VEROTOWN LLC 10,000.00 Grand Total: 482,441.25 35 M-42 O MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 13, 2019 SUBJECT: Appointments to the Economic Opportunities Council of Indian River County, Inc. The Economic Opportunities Council of Indian River County, Inc. (`BOC") is a non-profit corporation in Indian River County. Since the EOC receives Community Services Block Grant funds, pursuant to 42 USC §9910, the EOC must have 1/3 of the members of its board who are elected officials or their representatives. On November 6, 2018, the Indian River County Board of County Commissioners ("Board") reappointed Jennifer Proper, Charles Pope and Donald Hart, Sr. and appointed Teddy Floyd to the EOC. Since then Charles Pope resigned from the EOC. On September 6, 2019, Angela Davis -Green, Executive Director of the EOC requested consideration of the reappointment of Jennifer Proper, Teddy Floyd and Donald Hart, Sr. and the appointment of Vera Mistretta. RECOMMENDATION. The County Attorney recommends that the Board reappoint Jennifer Proper, Teddy Floyd and Donald Hart, Sr. and appoint Vera Mistretta to the Economic Opportunities Council of Indian River County, Inc. ATTACHMENT Letter from Angela Davis -Green to the Board of County Commissioners, dated September 6, 2019 36 Helping People. Changing Lives. Economic Opportunities Council of Indian River County, Inc. community Post Office Box 2766 C ion., Vero Beach, FL 32961-2766 PARTNERSHIP 1Vwwocofiranet AMERICAS POVERTY FIGHTING NETWORK Admin. Office 2455 St. Lucie Ave. Vero Beach, FL 32960 September 6, 2019 (772) 562-4177 Fax (772) 794-7597 Community Services Board of County Commissioners 2455 St. Lucie Ave. Vero Beach, FL 1801 271h Street 32960 (772) 66211177 Vero h Beac , FL 32960 Fax(772)794-7597 Dear Commissioners, Head Start Central Offices 8445 64th Avenue The Economic Opportunities Council of Indian River County, Inc. (EOC) is the federally Wabasso, FL 32970 designated Community Action Agency for Indian River County. Chartered in 1965, EOC has PO Box h, F Vero Beach, FL provided services to low-income count resident for over 50 ears. P � Y Y 32961-2766 9-8008 Fax (772)8 89-11191 As the Commission may know, Community Action Agencies are the local. grantees for the Community Services Block Grant, and operate under the Community Services Block Grant Act Citrus 1998 Reauthorization, P. L. 105-285. Required by legislation is a tripartite board structure; one - 27714th Street Vero Beach, FL third elected officials, or their designees, one-third low-income representatives, and one-third 32968 (772).5694902 members of therivate/business community. tY Fax(772)770-0529 EOC is required to document commission's appointments to its board. In past years, Fellsmere 1339 N. Willow Street Commissioners schedule have not allowed for direct partici ation and have appointed designees P P pp Fellsmere, FL to serve in their place. EOC respectfully request consideration of the following individuals to 32948 (772) 571-1234 appointment for a one-year term: Fax(772)571-9682 Highlands 500 SW 20th Street Vero Beach, FL 32962 (772) 794-2375 Fax(772)794-1908 St. Helen's 3550 41st Street Vero Beach, FL 32967 (772) 567-4347 Fax (772) 562-0375 Northside 1798 NW 9th Avenue Okeechobee, FL 34973 (863) 357.8677 Fax (863) 357-6817 LIHEAP Outreach Office 1798 NW 9th Avenue Okeechobee, FL 34973 (863) 357-2240 Fax (863) 357-6263 Teddy Floyd Vera Mistretta Jennifer Proper Donald Hart, Sr. EOC appreciates your support, looks forward to working together and helping those within our community who live in poverty, and moves towards self-sufficiency. Sincerely, A- 6w4j Angela Davis -Green Executive Director -.O. �i� •• . � • LIVE UNITED OUT), DE United Way of Indian River Couniv FLORIDA DEPARTMENT ;% ECONOMIC OPPORTUNITY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 10, 2019 SUBJECT: Resolution Delegating to the County Administrator or Designee the Authority to Execute Certain Standard Extensions to Both Contracts Relating to Required Roadway Improvements and Accompanying Cash Deposit and Escrow Agreements BACKGROUND. Section 312.11 of the Code of Indian River County requires security to be posted with the County when certain work is required to be performed in the right-of-way prior to the issuance of a right-of-way permit. On February 10, 2009, the Indian River County Board of County Commissioners (the "Board") approved Resolution 2009-008, which granted the County Administrator or designee the authority to execute standard Contracts for Construction of Required Roadway Improvements so long as the approval signature of the Public Works Director or designee appeared on the document. Additionally, under Resolution 2009-008, when cash is posted, the County Administrator or designee was granted the authority to execute the standard Cash Deposit and Escrow Agreement so long as that document bears the approval signatures of the County Attorney or designee and the Budget Director or designee. On occasion, an applicant working in the right-of-way is unable to complete the right-of-way improvements within the timeframe set forth in the Contract for Construction of Required Roadway Improvements. Since Resolution 2009-008 did not authorize the County Administrator to execute extensions of such contracts, the County Attorney's Office recommends that the Board approve the attached resolution authorizing the County Administrator to execute extensions so long as the other necessary County signatures are provided. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the resolution authorizing the County Administrator or designee to execute standard extensions pertaining to both Contracts for Construction of Required Roadway Improvements and corresponding Cash Deposit and Escrow Agreements, as applicable. ATTACHMENT Resolution 38 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING TO THE COUNTY ADMINISTRATOR OR DESIGNEE THE AUTHORITY TO EXECUTE STANDARD EXTENSIONS FOR BOTH CONTRACTS FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS AND ACCOMPANYING CASH DEPOSIT AND ESCROW AGREEMENTS, IF APPLICABLE, UNDER SECTION 312.11 OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 10, 2009, the Indian River County Board of County Commissioners adopted Resolution 2009-008, which granted the County Administrator or designee the authority to execute standard Contracts for Construction of Required Roadway Improvements so long as the approval signature of the Public Works Director or designee appeared on the document; and WHEREAS, under Resolution 2009-008, when cash is posted, the County Administrator or designee was granted the authority to execute the standard Cash Deposit and Escrow Agreement so long as that document bears the approval signatures of the County Attorney or designee and the Budget Director or designee; and WHEREAS, there are times when the applicant working in the right-of-way is unable to complete the right-of-way improvements within the timeframe set forth in the Contract for Construction of Required Roadway Improvements; and WHEREAS, it is in the best interests of Indian River County and the public to be able to extend such Contracts for Construction of Required Roadway Improvements, in an expeditious manner; and WHEREAS, such extensions are administrative in nature and do not require the attention of the Indian River County Board of County Commissioners; and WHEREAS, section 101.05.1.q, of the Code of Indian River County allows the Indian River County Board of County Commissioners to authorize the County Administrator, or designee, to perform other duties on behalf of the Board, 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. The County Administrator or designee is hereby delegated authority to execute extensions to standard Contracts for Construction of Required Roadway Improvements so long as the approval signature of the Public Works Director or designee appears on the document. 39 Additionally, when cash is posted, the County Administrator or designee is hereby delegated authority to execute extensions to the standard Cash Deposit and Escrow Agreement so long as the document bears approval signatures of the County Attorney or designee and the Budget Director or designee. Section 3. This resolution shall take effect immediately upon adoption. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2019. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bv: Bob Solari, Chairman 40 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: Mary Jane Vreeland; Planner, Current Development DATE: September 10, 2019 SUBJECT: EJ & ME, LLC's Request for Affidavit of Exemption Approval with Dedications to the County [AOE-19-05-02 / 2018080046-83961] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 1, 2019. DESCRIPTION, CONDITIONS, & ANALYSIS: Carter Associates, Inc., on behalf of EJ & ME, LLC., the owner of the subject property, submitted an application for an Affidavit of Exemption (AOE) to be known as Southwest Ranches Affidavit of Exemption. The project consists of six lots on 27.76 acres of land situated on the north side of 11t Street SW, approximately 300' east of 74th Avenue (Attachment 1). The property is zoned A- 1, Agricultural -1 (up to 1 dwelling unit/5 acres), and has an AG -1, Agricultural -1 (up to 1 unit/5 acres) future land use designation. During the AOE development review process, Public Works staff indicated that a limited access easement would be required along the project's 1St Street SW frontage, except for two shared driveways that will provide access to all six lots. The purpose of the limited access easement is to control the number of driveway connections to the publicly owned and maintained right-of-way. Dedication of the limited access easement to the Board will allow the County to enforce use of the common entrance connections to 1St Street SW for all the lots in the Southwest Ranches AOE. Normally an AOE may be approved at staff level; however, dedication of a 5' limited access easement to the Board of County Commissioners requires Board acceptance of the easement. Once accepted by the Board, staff may concurrently approve the AOE and the appropriate documents may be recorded in the public records. The recordable Southwest Ranches AOE accurately depicts the required limited access easement, and also includes the appropriate dedication language. The proposed layout of the AOE has been reviewed by staff, including Public Works, and is acceptable. The Board may now consider 41 acceptance of the dedication of the limited access easement from the property owner as part of the AOE approval. RECOMMENDATION: Based on analysis, staff recommends that the Board of County Commissioners accept the dedication of the limited access easement and authorize the chairman to execute the subject Affidavit of Exemption. ATTACHMENTS: 1. Location Map 2. Affidavit of Exemption Layout 42 c v � M U lB � Q �a „.x atm$ 3i wf gg�. w Rs4€ Ef r�c� «- �g y gyLa Y Ex a !t3 86— boeY a D k H 88 R - _ — — _ — — — —tctm—+.stat Q =2 iFt. e`" �� •sil �� r 8 i q€"S n T�� _I �}azar µPitCM �_ — L {[ t't•10t.W5 i s s36s M sg$ IES 'u8 §� ?} 3€^R '$m 58CbR Y a —J? it' R g ° y pl srrst AAS= Rgg g �. �tUjaxn�z,i�ts f�L� aitstms.r°,e • _ L J[ -- _-._ A'ba aM.t r xraixnianr •t.e INDIAN RIVER COUNTY, FLORIDA �� MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: Tad Stone, Director of Emergency Services FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager DATE: September 9, 2019 SUBJECT: Approval of Change Order for Radio System P25 Migration Project 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: On August 16, 2016, the Board approved the P25 migration project for the County's radio system. The project is part of the County's Capital Improvement Element (CIE) and structured in phases over a five-year period. On February 5, 2019, the Board approved Work Order No. 4 for the project, which included the purchase and installation of a logging recorder system for radio traffic as Milestone 5 for a cost of $116,923.75. After consulting with 911 staff and technicians, it was determined that separately recording 911 calls and radio traffic would no longer be operationally effective. The new cost for the logging recorder system is of $165,619.00. The project was originally budgeted as an Optional Sales Tax expenditure; however since the proposed logging recorder covers both the radio and the 911 system, staff recommends half the cost to be derived from the 911 Surcharge Fund/Communication Center. Continuing with the Board approved P25 migration project and agreement for service; the attached quote outlines costs of $165,619.00, making the total cost of Amended Work Order No. 4 of $1,545,915.34 FUNDING: ITEM Amount Account Number Logging Recorder $82,809.50 31512022-066510-16004 Logging Recorder $82,809.50 12013325-066510-16004 Funding for half of the proposed logging recorder, or $82,809.50 is budgeted and available from Optional Sales Tax/Fire Services/800MHZ Upgrade account. Funding for the remaining half to be paid from the 911 Surcharge Fund will be funded via budget amendment from 911 Surcharge Fund/Cash Forward Oct 1St 45 RECOMMENDATION: Staff recommends the Board approve Change Order #1 with Communications International Inc. and authorize the Chairman to execute the agreement. ATTACHMENTS: Work Order No. 4 Logging Recorder Quote Revised Attachment"A" APPROVED FOR AGENDA FOR: October 1, 2019 BY: Jason Brown County Administrator Indian River Co. Approved Date Admin. Co. Attorney Budget Dept. Risk Mgr. General Svcs. Purchasing 46 Indian River County Emergency Services 4225 43" Avenue Vero Beach, Florida 32960 Telephone: (772) 226-3900 FAX: 772-567-9323 Project: P25 Radio Project Emergency Services WORK ORDER NO. 4 FOR THE COUNTYWIDE P25 MICROWAVE RADIO SYSTEM MIGRATION PROJECT WITH Communications International, Inc. This Work Order No. 4 to the Countywide P25 Radio System Migration Project dated February 5, 2019 is for the Radio System Contractor (Communications International) to perform work necessary to provide P25 Radio Communications Network Enhancements to the Indian River County (County) Radio System. Work :Order No. 4 is as follows: SECTION I — PROJECT LIMITS This Work Order No. 4 includes tasks and services for Communications International to perform in connection with the radio system upgrade. SECTION II - SCOPE OF SERVICES As agreed upon between Communications International and County, that Communications International shall provide all engineering,. design and supply necessary materials and labor to install the West Tower 700 MHz 5 channel simulcast site, the new system antenna upgrade to 700 MHz at all sites, to upgrade the VIDA Core and Symphony Consoles, and to install the logging recorder for P25 Radio Traffic as described in in price quote dated 12-14-2018. Milestones and pricing associated herein are attached to this Work Order No. 4 as Exhibit A and incorporated by reference herein. SECTION III — TIME FOR COMPLETION & DELIVERABLESIWORK PRODUCT Communications International shall provide the County: The services completed by Communications International and delivered to the county within 365 days from notice to commence. SECTION IV — COMPENSATION The County agrees to pay, and Communications International agrees to accept, for the above- described services rendered as identified in Sections I, 11, and III of this Work Order No. 4 for a total amount of $1,497,220.09 47 BY: Work Order No. 4 Communications International P25 Radio Project February 5, 2019 Any additional services not described hereon shall be pre -approved by the County All invoicing shall include itemized costs and materials expended to complete the work. IN WITNESS WHEREOF the parties hereto have executed these presents this 5th day of Februaryi 2019. OWNER: DESIGN/BUILDER: BOARD OF COUNTY COMMISSIONERS Communications International INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman "",�bF;� C OtJtt�� •: Approved by BCC_ February 5, 2019 ATTEST: Jeffrey R. Smith, Comptroller and Clerk. of Circuit Court U�J'/A) De uty Clerk Approved as to Form and Legal Sufficiency: 2 Osmolski, Project Manager Witnessed by: CNRII �#qNN-CV (Printed name) 48 REV OC RD To: Maria Resto and Tina Smith Indian River County 4225 43rd Ave Vero Beach, FL 32967 Quote Date: September 24, 2019 Quote #: 19-0405 Customer Ref: IR -CI Expiration Date: December 23, 2019 -- --- — - — -..� -- -- — - — 1 Total Hardware And Software Costs $147,941 4 BOSS Base Offsite Support Service - First 16 Channels $600-- J $2,400 �- 208 BOSSCH Base Offsite Support Service - Cost Per Additional Channel $20 _ $4,160 2 _ BOSSID — Trunked Radio Software Installation - Cost Per Recorder w $2,500__ _ $5,000 161 REVSYNC1V Backup And Remote Access Service VolP Single Channel - Annual $38 $6,118 — Please Note: RevSync is backing up one instance of VolP and Radio Total Service Costs $17,678 Please Note: The demarcation point for all digital and analog inputs are dedicated logging blocks that are properly labeled within 60 feet of the recorder location. Any VolP signaling must be either port mirrored on a dedicated VLAN or sent via a built-in bridge. Networking/cabling to the demarcation point is the customer's responsibilitv. 1 RSPLUSEG 24/7 Help Desk and Remote Monitoring with Upgrades - Annual 12% 100% I $0 Total Maintenance Costs $0 I1.00 RSPLUSEG 24/7 Help Desk and Remote Monitoring with Upgrades - Annual 12% 0% $15,878 Item in yellow is annual cost after the first year for maintenance and not included in the total for Purchase Purchase Total $165,619 Thank you for your business! 10190 Katy Freeway Suite #501 /0"� 1-866-559-2188 Houston,TX 77043 RE'VCORD Local 281-404-7040 ` www.revcord.com V Revolutionizing Muhimedia Recording Fax 281-404-5323 49 EXHIBIT "A" Milestone Payment Schedule Milestone 1 Furnish and Install Fellsmere 700 MHz 5- $ 378,801.29 Channel Simulcast Site Milestone 2 Furnish and Install New System Antenna $ 74,410.30 Upgrade to 700 MHz (Existing 5 Sites) Milestone 3 VIDA Core and Symphony Console Feature $ 185,315.00 Upgrades Milestone 4 Furnish and Install New 700 MHz Simulcast $ 741,769.75 Site and Antennas @ Costa d' Este Milestone 5 Logging Recorder for P25 Radio Traffic & $ 165,619 911 TOTAL INVOICING: $ 1,545,915.34 50 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 19, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid# 2019068 —Roseland Elevated Storage Tank Conversion and Pump Station BACKGROUND: On April 18, 2017, the Board approved Work Order No. 13 with Kimley-Horn and Associates for design, permitting and construction phase assistance for improvements to the Roseland Elevated Storage Tank to convert the tank to a storage and re -pump station that provides remote storage and repumping to the North Roseland service area. The design was completed and bids solicited and accepted on behalf of the Department of Utility Services as detailed below. BID RESULTS: Advertising Date: July 15, 2019 Bid Opening Date: August 28, 2019 Broadcast to: 642 Vendors Bid Documents Downloaded by: 33 Replies: 7 Vendors Firm Location Total Bid Price TLC Diversified, Inc. Palmetto $1,691,200.00 Lawrence Lee Construction Services, Inc. Stuart $1,697,000.00 Florida Design Contractors, Inc. Lake Park $1,736,500.00 Florida Design Drilling Corporation West Palm Beach $1,744,000.00 Prime Construction Group, Inc. Orlando $1,898,000.00 U.S. Water Services Corporation New Port Ritchey $1,999,530.00 Aerex Industries, Inc. Fort Pierce $2,247,373.00 ANALYSIS: The engineer's opinion of probable cost for the project was $1,670,000. Kimley-Horn reviewed the submitted bids and contacted references provided by TLC Diversified, Inc., confirming the 51 contractor has performed well on similar projects. The Department of Utility Services has recommended award to TLC Diversified as the lowest, responsive and responsible bidder. SOURCE OF FUNDS: Funding in the amount of $1,691,200 will be made available in the Roseland Tank Retrofit (471- 169000-17517) account in the operating fund. Operating fund revenues are generated through water and sewer sales. RECOMMENDATION: Staff recommends that the Board award bid 2019068 to TLC Diversified, 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 receipt and approval of the required public construction bond and insurance. Attachment: Sample Agreement 52 SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Roseland Elevated Storage Tank and Pump Station THIS AGREEMENT ("Agreement" or "Contract"), dated the day of in the year 2019 by and between Indian River County, a political subdivision 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 as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents and per FDEP, Indian County Department of Utility Services (IRCDUS) standards. The work is generally described as follows: Construction of the Roseland Elevated Storage Tank (EST) Pump Station. Work includes, but is not limited to, three (3) single stage, horizontal split case pumping units and motors, piping, fittings, valves, instrumentation, piping support, variable frequency drives (VFD), FPL electrical service, control panels, supporting systems for communications with IRCU SCADA system, motor disconnects, conduit, site work, concrete and all appurtenances necessary to make a fully functional and complete working system. The -Contractor shall submit a Traffic Control Plan to the County Traffic Engineering Division a minimum of 72 hours prior to construction and notify County Traffic Engineering a minimum of 24 hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained if the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches the area between the centerline and two (2) feet outside the edge of pavement, traffic shall be restricted to a single lane. ARTICLE 2 ENGINEER The Roseland Elevated Storage Tank and Pump Station has been designed by Kimley-Horn and Associates, hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be 53 utilized on the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 31 calendar days to 300 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install pump station and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 301 calendar days to 350 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR 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 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They 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 four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraphs 3.1 and 3.2 for completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this AGREEMENT. 54 3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER to third party consultants in administering the Project beyond the Final Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ ARTICLE 5 PAYMENT PROCEDURES 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. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) , CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 55 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 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 Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in 56 accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Schedule of Subcontractors (Section 00431). 8.3 Certification Regarding Prohibition Against Contracting with Scrutinized Companies (Section 00432). 8.4 Disclosure of Relationships (Section 00452). 8.5 Sworn Statement under the Florida Trench Safety Act (Section 00454). 8.6 General Information Required of Bidders (Section 00456). 8.7 Public Construction Bond (Section 00600). 8.8 Notice of Award and Notice to Proceed (examples in Section 00800). 8.9 General Conditions (Section 00700). 8.10 Supplementary Conditions (Section 00800). 8.11 Documents/Specifications bearing the title "Roseland Elevated Storage Tank and Pump Station / Bid No 2019-068" 8.12 Addenda numbers to inclusive. 8.13 CONTRACTOR'S Bid (Section 00310). 8.14 Specifications bearing the title "Roseland Elevated Storage Tank and Pump Station" 8.15 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. 57 ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 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 of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 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. 9.6 The CONTRACTOR shall indemnify and hold harmless the County, 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 construction contract. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. 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: A. Keep and maintain public records required by the County to perform the service. B. 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. C. 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. D. 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 storedelectronically 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. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(a)ircaov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 F. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. This Agreement will be effective on , 2019 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). 59 INDIAN RIVER COUNTY By: , Chairman. Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CONTRACTOR: 0 Attest (Contractor) (CORPORATE SEAL) By: Dylan Reingold, County Attorney Address for giving .notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Clerk of Court and Comptroller (SEAL) Designated Representative: Name: Title: Contact Info: 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.) 60 F-0 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 19, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid# 2019067 —Roseland Elevated Storage Tank Water Transmission Main BACKGROUND: On May 1, 2018, the Board approved Amendment No. 1 to Work Order No. 13 with Kimley-Horn and Associates for additional services related to the Roseland Elevated Tank Conversion (UCP 4136). The additional services included design for an alternate route for tank fill influent watermain. The design was completed and bids solicited and accepted on behalf of the Department of Utility Services as detailed below. BID RESULTS: Advertising Date: July 11, 2019 Bid Opening Date: August 7, 2019 Broadcast to: 331 Vendors Bid Documents Downloaded by: 17 Replies: 2 Vendors Firm Location Total Bid Price TLC Diversified, Inc. Palmetto $298,000 Florida Drilling Corporation West Palm Beach $352,000 ANALYSIS: The engineer's opinion of probable cost for the project was $270,000. Kimley-Horn reviewed the submitted bids and contacted references provided by TLC Diversified, Inc. The Department of Utility Services has recommended award to TLC Diversified as the lowest, responsive and responsible bidder. 61 SOURCE OF FUNDS: Funding in the amount of $298,000 will be made available in the Roseland Tank Retrofit (471- 169000-17517) account in the operating fund. Operating fund revenues are generated through water and sewer sales. RECOMMENDATION: Staff recommends that the Board award Bid 2019067 to TLC Diversified, 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 receipt and approval of the required public construction bond and insurance. Attachment: Sample Agreement 62 SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Roseland Elevated Storage Tank Water Transmission Main THIS AGREEMENT ("Agreement" or "Contract"), dated the day of in the year 2019 by and between Indian River County, a political subdivision 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 as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents and per FDEP, Indian County Department of Utility Services (IRCDUS) and County Engineering Department standards. The work is generally described as follows: Construction of a new potable water transmission main and modifications to the existing potable water distribution system at the Roseland Elevated Storage Tank (EST) site. Work includes, but is not limited to, modifications to the existing water mains, construction of a 12 -inch water transmission main to the Roseland EST and pump station (by others), site work, appurtenances and all other improvements as shown on the contract plans necessary to make a fully functional and complete working system. The Contractor shall submit a Traffic Control Plan to the County Traffic Engineering Division a minimum of 72 hours prior to construction and notify County Traffic Engineering a minimum of 24 hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained if the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches the area between the centerline and two (2) feet outside the edge of pavement, traffic shall be restricted to a single lane. ARTICLE 2 ENGINEER The Roseland Elevated Storage Tank Water Transmission Main has been designed by Kimley-Horn and Associates, hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 15 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: Obtain all necessary permits. 63 2. Receive approved shop drawings for all materials and equipment to be utilized on the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 16 calendar days to 60 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 61 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR 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 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They 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 four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraphs 3.1 and 3.2 for completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent 64 the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER to third party consultants in administering the Project beyond the Final Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ ARTICLE 5 PAYMENT PROCEDURES 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. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) , CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the Mi County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 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 Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, 66 progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Schedule of Subcontractors (Section 00431). 8.3 Certification Regarding Prohibition Against Contracting with Scrutinized Companies (Section 00432). 8.4 Disclosure of Relationships (Section 00452). 8.5 Sworn Statement under the Florida Trench Safety Act (Section 00454). 8.6 General Information Required of Bidders (Section 00456). 8.7 Public Construction Bond (Section 00600). 8.8 Notice of Award and Notice to Proceed (examples in Section 00800). 8.9 General Conditions (Section 00700). 8.10 Supplementary Conditions (Section 00800). 8.11 Documents/Specifications bearing the title "Roseland Elevated Storage Tank Water Transmission Main / Bid No 2019-067" 8.12 Addenda numbers to inclusive. 8.13 CONTRACTOR'S Bid (Section 00310). 8.14 Specifications bearing the title "Roseland Elevated Storage Tank Water Transmission Main" 8.15 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. 67 There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 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 of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 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. 9.6 The CONTRACTOR shall indemnify and hold harmless the County, 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 construction contract. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. 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: A. Keep and maintain public records required by the County to perform the service. B. 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 68 copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. C. 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. D. 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. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(a-ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 F. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 69 This Agreement will be effective on , 2019 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY 0 By: Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Clerk of Court and Comptroller (SEAL) Designated Representative: Name: Title: Contact Info: 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.) 70 CONSENT AGENDA Indian River County 0 Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: September 23, 2019 SUBJECT: Municipal Advisory Agreement — Termination of Masterson Advisors LLC and Request to Approve Agreement with Hilltop Securities Inc. FROM: Kristin Daniels - Director, Management & Budget Description and Conditions On December 18, 2018, the Board of County Commissioners approved an agreement with Masterson Advisors LLC to provide financial advisory services for the County. This agreement was for an initial term of five (5) years, with ten (10) one-year renewals. Per Section 6 of the agreement, if for any reason, personnel assigned is changed or replaced, the County has the right to immediately terminate the agreement. Due to the unfortunate passing of Managing Director Edward D. Stull, Jr., it is requested that the current agreement with Masterson Advisors LLC be terminated, and a new agreement with Hilltop Securities Inc. be awarded. Staff has worked with Director Joel Tindal of Hilltop Securities on past debt issuances, as Hilltop Securities is the successor to First Southwest, the County's Municipal Advisor at that time. Staff recommends that the Board of County Commissioners approve a new agreement with Hilltop Securities Inc. Following the same terms as the prior agreement, the initial term would be five (5) years, with ten (10) one-year renewals. Funding The cost of services under the proposed agreement is unchanged from the prior agreement. Transaction fees under the agreement are shown in the table below. These costs are typically paid from the proceeds of the bond issue upon closing of the transaction. The contract also provides for additional services on an as -needed basis at an hourly rate. It should be noted that the County has not been charged these fees during the term of the prior agreement. Debt Transaction Fee $1.20 per $1,000 for the first $20,000,000 of debt instruments, plus $0.75 per $1,000 for amounts greater than $20,000,000 of debt instruments Minimum $15,000 per transaction Recommendation Staff recommends that the Board of County Commissioners terminate the agreement with Masterson Advisors LLC and approve the agreement with Hilltop Securities Inc. Attachment Municipal Advisory Agreement 71 This Municipal Advisory Agreement (the "Agreement") is made and entered into by and between Indian River County, Florida (the "Issuer" or the "County') and Hilltop Securities Inc. ("HilltopSecurities" or "Contractor") effective as of October 1, 2019. WITNESSETH: WHEREAS, the Issuer will have under consideration from time to time the authorization and issuance of indebtedness in amounts and forms which cannot presently be determined and, in connection with the authorization, sale, issuance and delivery of such indebtedness, Issuer desires to retain an independent municipal advisor; and WHEREAS, the Issuer desires to obtain the professional services of HilltopSecurities to advise the Issuer regarding the issuance and sale of certain evidences of indebtedness or debt obligations that may be authorized and issued or otherwise created or assumed by the Issuer (hereinafter referred to collectively as the "Debt Instruments") from time to time during the period in which this Agreement shall be effective; and WHEREAS, HilltopSecurities is willing to provide its professional services and its facilities as a municipal advisor in connection with all programs of financing as may be considered and authorized by Issuer during the period in which thisAgreement shall be effective. NOW, THEREFORE, the Issuer and HilltopSecurities, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, dohereby agree as follows: Section 1. Description of Services. Upon the request of an authorized representative of the Issuer, HilltopSecurities agrees to perform the municipal advisory services stated in the following provisions of this Section I; and for having rendered such services, the Issuer agrees to pay to HilltopSecurities the compensation as provided in Section 5 hereof. A. Financial Planning. At the direction of Issuer, HilltopSecurities shall: 1. Survey and Analysis. Conduct a survey of the financial resources of the Issuer to determine the extent of its capacity to authorize, issue and service any Debt Instruments contemplated. This survey will include an analysis of any existing debt structure as compared with the existing and projected sources of revenues which may be pledged to secure payment of debt service and, where appropriate, will include a study of the trend of the assessed valuation, taxing power and present and future taxing 72 requirements of the Issuer. In the event revenues of existing or projected facilities operated by the Issuer are to be pledged to repayment of the Debt Instruments then under consideration, the survey will take into account any outstanding indebtedness payable from the revenues thereof, additional revenues to be available from any proposed rate increases and additional revenues, as projected by consulting engineers employed by the Issuer, resulting from improvements to be financed by the Debt Instruments under consideration. 2. Future Financings. Consider and analyze future financing needs as projected by the Issuer's staff and consulting engineers or other experts, if any, employed by the Issuer. 3. Recommendations for Debt Instruments. On the basis of the information developed by the survey described above, and other information and experience available, submit to the Issuer recommendations regarding the Debt Instruments under consideration, including such elements as the date of issue, interest payment dates, schedule of principal maturities, options of prior payment, security provisions, and such other provisions as may be appropriate in order to make the issue attractive to investors while achieving the objectives of the Issuer. All recommendations will be consistent with the goal of designing the Debt Instruments to be sold on terms which are advantageous to the Issuer, including the lowest interest cost consistent with all other considerations. 4. Market Information. Advise the Issuer of our interpretation of current bond market conditions, other related forthcoming bond issues and general information, with economic data, which might normally be expected to influence interest rates or bidding conditions so that the date of sale of the Debt Instruments may be set at a favorable time. 5. Elections. In the event it is necessary to hold an election to authorize the Debt Instruments then under consideration, HilltopSecurities will assist in coordinating the assembly of such data as may be required for the preparation of necessary petitions, orders, resolutions, ordinances, notices and certificates in connection with the election, including assistance in the transmission of such data to a firm of municipal bond attorneys ("Bond Counsel") retained by the Issuer. B. Debt Management and Financial Implementation. At the direction of Issuer, HilltopSecurities shall: 1. Method of Sale. Evaluate the particular financing being contemplated, 73 giving consideration to the complexity, market acceptance, rating, size and structure in order to make a recommendation as to an appropriate method of sale, and: a. If the Debt Instruments are to be sold by an advertised competitive sale, HilltopSecuritieswill: i. Supervise the sale of the Debt Instruments; iii. Disseminate information to prospective bidders, organize such informational meetings as may be necessary, and facilitate prospective bidders'. efforts in making timely submission of proper bids; iii. Assist the staff of the Issuer in coordinating the receipt of bids, the safekeeping of good faith checks and the tabulation and comparison of submitted bids; and iv. Advise the Issuer regarding the best bid and provide advice regarding acceptance or rejection of the bids. b. If the Debt Instruments are to be sold by negotiated sale, HilltopSecurities will: L Recommend for Issuer's final approval and acceptance one or more investment banking firms as managers of an underwriting syndicate for the purpose of negotiating the purchase of the Debt Instruments. ii. Cooperate with and assist any selected managing underwriter and their counsel in connection with their efforts to prepare any Official Statement or Offering Memorandum. HilltopSecurities will cooperate with and assist the underwriters in the preparation of a bond purchase contract, an underwriters' agreement and other related documents. The costs incurred in such efforts, including the printing of the documents, will be paid in accordance with the terms of the Issuer's agreement with the underwriters, but shall not be or 74 become an obligation of HilltopSecurities except to the extent specifically provided otherwise in this Agreement or assumed in writing by HilltopSecurities. iii. Assist the staff of the Issuer in the safekeeping of any good faith checks, to the extent there are any such, and provide a cost comparison, for both expenses and interest which are suggested by the underwriters, to the then current market. iv. Advise the Issuer as to the fairness of the price offered by the underwriters. 2. Offering Documents. Coordinate the preparation of the notice of sale and bidding instructions, official statement, official bid form and such other documents as may be required and submit all such documents to the Issuer for examination, approval and certification. After such examination, approval and certification HilltopSecurities shall provide the Issuer with a supply of all such documents sufficient to its needs and distribute by mail or, where appropriate, by electronic delivery, sets of the same to prospective purchasers of the Debt Instruments. Also, HilltopSecurities shall provide copies of the final Official Statement to the purchaser of the Debt Instruments in accordance with the Notice of Sale and Bidding Instructions. 3. Credit Ratings. Make recommendations to the Issuer as to the advisability of obtaining a credit rating, or ratings, for the Debt Instruments and, when directed by the Issuer, coordinate the preparation of such information as may be appropriate for submission to the rating agency, or agencies. In those cases where the advisability of personal presentation of information to the rating agency, or agencies, may be indicated, HilltopSecurities will arrange for such personal presentations, utilizing such composition of representatives from the Issuer as may be finally approved or directed by the Issuer. 4. Trustee, Paying Agent, Registrar. Upon request, counsel with the Issuer in the selection of a Trustee and/or Paying Agent/Registrar for the Debt Instruments and assist in the negotiation of agreements pertinent to these services and the fees incidentthereto. 5. Financial Publications. When appropriate, advise financial publications of the forthcoming sale of the Debt Instruments and provide them with all pertinent information. 75 6. Consultants. After consulting with and receiving directions from the Issuer, arrange for such reports and opinions of recognized independent consultants as may be appropriate. for the successful marketing of the Debt Instruments. 7. Auditors. In the event formal verification by an independent auditor of any calculations incident to the Debt Instruments is required, make arrangements for such services. 8. Issuer Meetings. Attend meetings of the governing body of the Issuer, its staff, representatives or committees as requested at all times when . HilltopSecurities may be of assistance or service and the subject of financing is to be discussed. 9. Printing. To the extent authorized by the Issuer, coordinate all work incident to printing of the offering documents and the Debt Instruments. 10. Bond Counsel. Maintain liaison with Bond Counsel in the preparation of all legal documents pertaining to the authorization, sale and issuance of the Debt Instruments. 11.Changes in Laws. Provide to the Issuer copies of proposed or enacted changes in federal and state laws, rules and regulations having, or expected to have, a significant effect on the municipal bond market of which HilltopSecurities becomes aware in the ordinary course of its business, it being understood that HilltopSecurities does not and may not act as an attorney for, or provide legal advice or services to, the Issuer. 12. Delivery of Debt Instruments. As soon as a bid for the Debt Instruments is accepted by the Issuer, coordinate the efforts of all concerned to the end that the Debt Instruments may be delivered and paid for as expeditiously as possible and assist the Issuer in the preparation or verification of final closing figures incident to the delivery of the Debt Instruments. 13.Debt Service Schedule; Authorizing Resolution. After the closing of the sale and delivery of the Debt Instruments, deliver to the Issuer a schedule of annual debt service requirements for the Debt Instruments and, in coordination with Bond Counsel, assure that the paying agent/registrar and/or trustee has been provided with a copy of the authorizing ordinance, order orresolution. 76 Section 2. Other Available Services. In addition to the services set forth and described in Section I herein above, HilltopSecurities agrees to make available to Issuer the following services, when so requested by the Issuer and subject to the agreement by Issuer and HilltopSecurities regarding the compensation, if any, to be paid for such services, it being understood and agreed that the services set forth in this Section II shall require further agreement as to the compensation to be received by HilltopSecurities for such services: A. Exercising Calls and Refunding. Provide advice and assistance with regard to exercising any call and/or refunding of any outstanding Debt Instruments. B. Capital Improvements Programs. Provide advice and assistance in the development of any capital improvements programs of the Issuer. C. Long -Range Planning. Provide advice and assistance in the development of other long-range financing plans of the Issuer. D. Post -Sale Services. Subsequent to the sale and delivery of Debt Instruments, review the transaction and transaction documentation with legal counsel for the Issuer, Bond Counsel, auditors and other experts and consultants retained by the Issuer and assist in developing appropriate responses to legal processes, audit procedures, inquiries, internal reviews and similar matters. Section 3. Term of Agreement. This Agreement shall become effective as of October 1, 2019 and, unless sooner terminated by either party pursuant to the terms of this Agreement, shall remain in effect thereafter for a period of five (5) years from such date. Unless HilltopSecurities or the Issuer shall notify the other party in writing at least forty-five (45) days in advance of the applicable anniversary date that this Agreement will not be renewed, this Agreement will be automatically renewed on the fifth anniversary of the date hereof for an additional one (1) year period, and thereafter will be automatically renewed on each anniversary date for successive one (1) year periods, for a maximum term, including all renewals, of ten (10) years. Section 4. Termination, This Agreement may be terminated with or without cause by the Issuer or HilltopSecurities upon the giving of at least forty-five (45) days prior written notice to the other party of its intention to terminate, specifying in such notice the effective date of such termination. In the event of such termination, it is understood and agreed that only the amounts due HilltopSecurities for services provided and expenses incurred to the date of termination will be due and payable. No penalty will be assessed for termination of thisAgreement 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 77 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. Section 5. Compensation and Expense Reimbursement. The fees due to HilltopSecurities for the services setforth and described in Section I of this Agreement with respect to each issuance of Debt Instruments during the term of this Agreement shall be calculated in accordance with the schedule set forth on Appendix A attached hereto. Unless specifically provided otherwise on Appendix A or in a separate written agreement between Issuer and HilltopSecurities such fees, togetherwith any other fees as may have been mutually agreed upon and all expenses for which HilltopSecurities is entitled to reimbursement, shall become due and payable concurrently with the delivery of the Debt Instruments to the purchaser. Section 6. Personnel, Joel Tindal, Director, will be assigned to work with County as Municipal advisor. If, for any reason, personnel assigned is changed or replaced, the County has the right to immediately terminate this Agreement. The County has the right to approve, disapprove, or request, for any reason, HilltopSecurities to replace any personnel assigned by HilltopSecurities to the account. Should the County make such a request, HilltopSecurities shall promptly suggest a substitute until a satisfactory substitute is selected. Section 7. Indemnification. To the fullest extent permitted by law, HilltopSecurities shall indemnify and hold harmless the County, its commissioners, 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 conduct of HilltopSecurities and other persons employed or utilized by HilltopSecurities in the performance of this Agreement. Section 8. Insurance. HilltopSecurities shall not commence to perform the Services or Additional Services under this Agreement until it has obtained all of the insurance WE required under this Agreement and such certificatesof insurance have been approved by the County's Risk Manager. A certificate of insurance shall be provided to the County's Risk Manager for review and approval ten days prior to commencement of any work under this Agreement. The insurance company musthave a rating by AM. Best Company of at least A: V. Such certificates of insurance or an endorsement provided by HilltopSecurities must state that the County will be given thirty days' prior written notice prior to cancellation or material change in coverage The County shall be named as an additional insured on all policies except workers' compensation and professional liability., HilltopSecurities shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein, and the cost of such insurance shall be included in HilltopSecurities fee. A. Workers Compensation and Employers Liability: Workers Compensation limits as required by the State of Florida and employers Liability limits of $500,000.00 disease (policy limit) and $100,000 disease (each employee). B. Commercial General Liability: Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. This is to include premises/operations, products/completed operations, contractual liability and independent contractors' coverage. C. Business Auto Liability: Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. This is to include owned, hired, and non -owned autos. D. Professional liability: Minimum limit of $1,000,000per occurrence. The County, through its Risk Manager, reserves the right to periodically review any and all policies of insurance and reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the County shall provide HilltopSecurities with separate written notice of such adjusted limits and HilltopSecurities shall comply within thirty days of receipt thereof., The failure of HilltopSecurities to provide such additional coverage shall constitute a default by HilltopSecurities and shall be grounds for termination of this Agreement by the County. Section 9. Miscellaneous. A.. Background Recitals. The Background recitals are true and correct and form a material part of this Agreement B. County Designee. The County Administrator is hereby designed as the representative of the County. All work performed by HilltopSecurities pursuantto this Agreement shall be by the direction of the County acting through the County Administrator or his or her designee. C. Independent Contractor. It is specifically acknowledged and agreed by the parties hereto that HilltopSecurities is and shall be, in the performance of all 79 Services and activities under this Agreement, an independent contractor, and not an employee, agent or servant of the County. All persons engaged in any of the Services performed pursuant to this Agreement shall at all times, and in all places, be subject to HilltopSecurities' sole discretion, supervision, and control. HilltopSecurities shall exercise control over the means and manner in which HilltopSecurities and its employees perform the Services, and in all respects HilltopSecurities' relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of the Agreement and not as employees, agents, or servants of the County. D. Governing Law; Venue; Attorney Fees. This Agreement shall be construed, governed and interpreted according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or 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. Each party shall bear its own attorney fees in any dispute arising under this Agreement E. Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law, or in equity. Each right, power, remedy of the parties provided in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to enforce any provision of this Agreement, or the waiver thereof, in any specific instance by either party shall not be construed as a general waiver or relinquishment on its part of such provision in any other instance, and such provision shall nevertheless remain in full force andeffect. F. Severability. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. G. Availability of Funds. The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. H. No Pledge of Credit. HilltopSecurities shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. :I I. Public Records Compliance. a. Indian River County is a public agency subject to Chapter 119, Florida Statutes. HilltopSecurities shall comply with Florida's Public Records Law. Specifically, HilltopSecurities shall: i. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. ii. 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. iii. 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. iv. 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 81 c. Failure of HilltopSecurities to comply with these requirements shall be a material breach of this Agreement. J. Notices. Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: If to County: County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960 If to HilltopSecurities: Joel Tindal Director Hilltop Securities Inc. 450 South Orange Avenue, Suite 460 Orlando, FL 32801 Notices shall be effective when received at the address as specified above. Either party may change its address, for purposes of this section, by written notice to the other party given in accordance with the provisions of thissection. K. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by HilltopSecurities shall survive the termination or expiration of this Agreement. L. Construction/Interpretation of Agreement. Each party has participated equally in the negotiation and drafting of this Agreement. In the event that an arbitration panel or court is required to interpret any provision of this Agreement, the provision shall not be interpreted for or against either party upon the basis that such party was or was not the preparer of this Agreement. M. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. N. No Third -Party Beneficiaries. Except as otherwise expressly provided herein, this Agreement is solely for the benefit of the named parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of any entity or individual not a named party hereto. O. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. P. Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by written amendment or other appropriate written document. IN WITNESS THEREOF, Issuer and HilltopSecurities have caused this Agreement to be executed in their respective names as of the date entered below. ATTEST: Jeffrey R. Smith, Clerk BOARD OF COUNTY COMMISSIONERS, of INDIAN RIVER COUNTY ("Indian River Court and Comptroller County") in (Affix Seal) Approved: M Jason E. Brown County Administrator 0 Bob Solari, Chairman Approved by BCC: Approved as to form and legal sufficiency: M Dylan Reingold County Attorney HILLTOP SECURITIES INC. M Joel Tindal Director APPENDIX A The fees due HilltopSecurities for the services set forth and described in this Agreement with respect to each issuance of Debt Instruments during the term of the Agreement shall be calculated in accordance with the schedules set forth below. A. With respect to compensation on a time and expenses basis, for non -bond related services, HilltopSecurities's hourly fee schedule, excluding out-of-pocket expenses, is as follows: Position Managing Director/Director: Rate per Hour $175/hr. Vice President: $120/hr. Assistant Vice President: $120/hr. Analyst/Associate: $120/hr. Administrative: $ 40/hr. B. The fees due the HilltopSecurities for the services with respect to each issuance of Debt Instruments (bonds, bank loans, etc.) during the term of this Agreement shall be calculated in accordance with the schedule set forth below. Unless specifically provided otherwise herein or in a separate written agreement between the Issuer and HilltopSecurities, such fees, together with any other fees and may have been mutually agreed upon and all expenses, for which HilltopSecurities is entitled to reimbursement, shall become due and payable concurrently with the delivery of the Debt Instruments to the purchaser. Debt Transaction Fee $1.20 per$1,000 for the first $20,000,000 of debt instruments, plus $0.75 per $1,000 for amounts greater than $20,000,000 of debt instruments Minimum $15,000 pertransaction C. The County shall be responsible for typical transaction related expenses, if and when applicable, whether they are charges directly to the County as expenses or charged to the County by HilltopSecurities as reimbursable expenses. The payment of reimbursable expenses that HilltopSecurities has assumed on behalf of the County shall. NOT be contingent upon the delivery of bonds and shall be due at the time that services are rendered and payable upon receipt of an invoice submitted by HilltopSecurities. Proposed charges may include items as listed below. - Travel, lodging and meals, provided travel occurs in coach - Courier services, facsimile, and photocopies - Conference call charges - Third party expenses, such as advertising, incurred on behalf of the County D. Fees for ancillary services including continuing disclosure, arbitrage rebate, asset management, structured products, pension and OPEB trusts, and non-traditional services will be based on a mutual agreed upon fee. RRE HilltopSecurities A Hilltop Holdings Company_ MUNICIPAL ADVISOR DISCLOSURE STATEMENT This disclosure statement ("Conflict Disclosures") is provided by Hilltop Securities Inc. ("the Firm") to you (the "Client") in connection with our current municipal advisory agreement, ("the Agreement"). These Conflict Disclosures provide information regarding conflicts of interest and legal or disciplinary events of the Firm that are required to be disclosed to the Client pursuant to MSRB Rule G -42(b) and (c)(ii). PART A — Disclosures of Conflicts of Interest MSRB Rule G-42 requires that municipal advisors provide to their clients disclosures relating to any actual or potential material conflicts of interest, including certain categories of potential conflicts of interest identified in Rule G-42, if applicable. Material Conflicts of Interest — The Firm makes the disclosures set forth below with respect to material conflicts of interest in connection with the Scope of Services under the Agreement with the Firm, together with explanations of how the Firm addresses or intends to manage or mitigate each conflict. General Mitigations — As general mitigations of the Firm's conflicts, with respect to all of the conflicts disclosed below, the Firm mitigates such conflicts through its adherence to its fiduciary duty to Client, which includes a duty of loyalty to Client in performing all municipal advisory activities for Client. This duty of loyalty obligates the Firm to deal honestly and with the utmost good faith with Client and to act in Client's best interests without regard to the Firm's financial or other interests. In addition, because the Firm is a broker- dealer with significant capital due to the nature of its overall business, the success and profitability of the Firm is not dependent on maximizing short-term revenue generated from individualized recommendations to its clients but instead is dependent on long-term profitably built on a foundation of integrity, quality of service and strict adherence to its fiduciary duty. Furthermore, the Firm's municipal advisory supervisory structure, leveraging our long-standing and comprehensive broker-dealersupervisory processes and practices, provides strong safeguards against individual representatives of the Firm potentially departing from their regulatory duties due to personal interests. The disclosures below describe, as applicable, any additional mitigations that may be relevant with respect to any specific conflict disclosed below. I. Affiliate Conflict. The Firm, directly and through affiliated companies, provides or may provide services/advice/products to or on behalf of clients that are related to the Firm's advisory activities within the Scope of Services outlined in the Agreement. Hilltop Securities Asset Management (HSAM), a SEC - registered affiliate of the Firm, provides post issuance services including arbitrage rebate and treasury management. The Firm's arbitrage team verifies rebate and yield restrictions on the investments of bond proceeds on behalf of clients in order to meet IRS restrictions. The treasury management division performs portfolio management/advisor services on behalf of public sector clients. The Firm, through affiliate First Southwest Advisory,: provides a multi-employer trust tailor-made for public entities which allows them to prefund Other Post -Employment Benefit liabilities. The Firm has a structured products desk that provides advice to help clients mitigate risk though investment management, debt management and commodity price risk management products. These products consist of but are not limited to swaps (interest rate, currency, commodity), options, repos, escrow structuring and other securities. Continuing Disclosure services provided by the Firm work with issuers to assist them in meeting disclosure requirements set forth in SEC rule 15c2- 12. Services include but are not limited to ongoing maintenance of issuer compliance, automatic tracking of issuer's annual filings and public notification of material events. The Firm administers two government investment pools for Texas governments; the Short -Term Asset Reserve Fund (TexSTAR) and the Local M Government Investment Cooperative (LOGIC). These programs offer Texas government entities investment options for their cash management programs based on the entities specific needs. The Firm and the aforementioned affiliate's business with a client could create an incentive for the Firm to recommend to a client a course of action designed to increase the level of a client's business activities with the affiliates or to recommend against a course of action that would reduce or eliminate a client's business activities with the affiliates. This potential conflict is mitigated by the fact that the Firm and affiliates are subject to their own comprehensive regulatory regimes. II. PlainsCapital Bank Affiliate Conflict. The Firm, directly and through affiliated companies, provides or may provide services/advice/products to or on behalf of clients that are related to the Firm's advisory activities within the Scope of Services outlined in the Agreement. Affiliate, PlainsCapital Bank, provides banking services to municipalities including loans and custody. The Firm and the aforementioned affiliate's business with a client could create an incentive for the Firm to recommend to a client a course of action designed to increase the level of a client's business activities with the affiliates or to recommend against a course of action that would reduce or eliminate a client's business activities with the affiliates. This potential conflict is mitigated by the fact that the Firm and affiliates are subject to their own comprehensive regulatory regimes. III. Other Municipal Advisor or Underwriting Relationships. The Firm serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of Client. For example, the Firm serves as municipal advisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to Client. These other clients may, from time to time and depending on the specific circumstances, have competing interests, such as accessing the new issue market with the most advantageous timing and with limited competition at the time of the offering. In acting in the interests of its various clients, the Firm could potentially face a conflict of interest arising from these competing client interests. In other cases, as a broker-dealer that engages in underwritings of new issuances of municipal securities by other municipal entities, the interests of the Firm to achieve a successful and profitable underwriting for its municipal entity underwriting clients could potentially constitute a conflict of interest if, as in the example above, the municipal entities that the Firm serves as underwriter or municipal advisor have competing interests in seeking to access the new issue market with the most advantageous timing and with limited competition at the time of the offering. None of these other engagements or relationships would impair the Firm's ability to fulfill its regulatory duties to Client. IV. Secondary Market Transactions in Client's Securities. The Firm, in connection with its sales and trading activities, may take a principal position in securities, including securities of Client, and therefore the Firm could have interests in conflict with those of Client with respect to the value of Client's securities while held in inventory and the levels of mark-up or mark-down that may be available in connection with purchases and sales thereof. In particular, the Firm or its affiliates may submit orders for and acquire Client's securities issued in an Issue under the Agreement from members of the underwriting syndicate, either for its own account or for the accounts of its customers. This activity may result in a conflict of interest with Client in that it could create the incentive for the Firm to make recommendations to Client that could result in more advantageous pricing of Client's bond in the marketplace. Any such conflict is mitigated by means of such activities being engaged in on customary terms through units of the Firm that operate independently from the Firm's municipal advisory business, thereby reducing the likelihood that such investment activities would have an impact on the services provided by the Firm to Client under this Agreement. V. Broker -Dealer and Investment Advisory Business. The Firm is dually registered as a broker-dealer and an investment advisor that engages in a broad range of securities -related activities to service its clients, in addition to serving as a municipal advisor or underwriter. Such securities -related activities, which may include but are not limited to the buying and selling of new issue and outstanding securities and investment advice in connection with such securities, including securities of Client, may be undertaken on behalf of, or 87 as counterparty to, Client, personnel of Client, and current or potential investors in the securities of Client. These other clients may, from time to time and depending on the specific circumstances, have interests in conflict with those of Client, such as when their buying or selling of Client's securities may have an adverse effect on the market for Client's securities, and the interests of such other clients could create the incentive for the Firm to make recommendations to Client that could result in more advantageous pricing for the other clients. Furthermore, any potential conflict arising from the firm effecting or otherwise assisting such other clients in connection with such transactions is mitigated by means of such activities being engaged in on customary terms through units of the Firm that operate independently from the Firm's municipal advisory business, thereby reducing the likelihood that the interests of such other clients would have an impact on the services provided by the Firm to Client. VI. Compensation -Based Conflicts. Fees that are based on the size of the issue are contingent upon the delivery of the Issue. While this form of compensation is customary in the municipal securities market, this may present a conflict because it could create an incentive for the Firm to recommend unnecessary financings or financings that are disadvantageous to Client, or to advise Client to increase the size of the issue. This conflict of interest is mitigated by the general mitigations described above. Fees based on a fixed amount are usually based upon an analysis by Client and the Firm of, among other things, the expected duration and complexity of the transaction and the Scope of Services to be performed by the Firm. This form of compensation presents a potential conflict of interest because, if the transaction requires more work than originally contemplated, the Firm may suffer a loss. Thus, the Firm may recommend less time-consuming alternatives, or fail to do a thorough analysis of alternatives. This conflict of interest is mitigated by the general mitigations described above. Hourly fees are calculated with, the aggregate. amount equaling the number of hours worked by Firm personnel times an agreed-upon hourly billing rate. This form of compensation presents a potential conflict of interest if Client and the Firm do not agree on a reasonable maximum amount at the outset of the engagement, because the Firm does not have a financial incentive to recommend alternatives that would result in fewer hours worked. This conflict of interest is mitigated by the general mitigations described above. PART B — Disclosures of Information Regarding Legal Events and Disciplinary. History MSRB Rule G-42 requires that municipal advisors provide to their clients certain disclosures of legal or disciplinary events material to its client's evaluation of the municipal advisor or the integrity of the municipal advisor's management or advisory personnel. Accordingly, the Firm sets out below required disclosures and related information in connection with such disclosures. I. Material Legal or Disciplinary Event. The Firm discloses the following legal or disciplinary events that may be material to Client's evaluation of the Firm or the integrity of the Firm's management or advisory personnel: • For related disciplinary actions please refer to the Firm's BrokerCheck webpage. • The Firm self-reported violations of SEC Rule 15c2-12: Continuing Disclosure. The Firm settled with the SEC on February 2, 2016. The firm agreed to retain independent consultant and adopt the consultant's finding. Firm paid a fine of $360,000. RR • The Firm settled with the SEC in matters related to violations of MSRB Rules G -23(c), G-17 and SEC rule 1513(c) (1). The Firm disgorged fees of $120,000 received as financial advisor on the deal, paid prejudgment interest of $22,400.00 and a penalty of $50,000.00. The Firm entered into a Settlement Agreement with Rhode Island Commerce Corporation. Under the Settlement Agreement, the firm agreed to pay $16.0 million to settle any and all claims in connection with The Rhode Island Economic Development Corporation Job Creation Guaranty Program Taxable Revenue Bond (38 Studios, LLC Project) Series 2010, including the litigation thereto. The case, filed in 2012, arose out of a failed loan by Rhode Island Economic Development Corporation. The firm's predecessor company, First Southwest Company, LLC, was one of 14 defendants. FirstSouthwest's engagement was limited to advising on the structure, terms, and rating of the underlying bonds. Hilltop settled with no admission of liability or wrongdoing. On April 30, 2019, the Firm entered into a Settlement Agreement with Berkeley County School District of Berkeley County, South Carolina. The case, filed in March of 2019, arose in connection with certain bond transactions occurring from 2012 to 2014, for which former employees of Southwest Securities, Inc., a predecessor company, provided financial advisory services. The Firm agreed to disgorge all financial advisory fees related to such bond transactions, which amounted to $822,966.47, to settle any and all claims, including litigation thereto. Under the Settlement Agreement, the Firm was dismissed from the lawsuit with prejudice, no additional penalty, and with no admission of liability or wrongdoing. II. How to Access Form MA and Form MA -I Filings. The Firm's most recent Form MA and each most recent Form MA -I filed with the SEC are available on the SEC's EDGAR system at Forms MA and MA -1. The SEC permits certain items of information required on Form MA or MA -I to be provided by reference to such required information already filed by the Firms in its capacity as a broker-dealer on Form BD or Form U4 or as an investment adviser on Form ADV, as applicable. Information provided by the Firm on Form BD or Form U4 is publicly accessible through reports generated by BrokerCheck at http://brokercheck.finra.org/, and the Firm's most recent Form ADV is publicly accessible at the Investment Adviser Public Disclosure website at http://www.adviserinfo.sec.gov/. For purposes of accessing such BrokerCheck reports or Form ADV, click previous hyperlinks. PART C — Future Supplemental Disclosures As required by MSRB Rule G-42, this Municipal Advisor Disclosure Statement may be supplemented or amended, from time to time as needed, to reflect changed circumstances resulting in new conflicts of interest or changes in the conflicts of interest described above, or to provide updated information with regard to any legal or disciplinary events of the Firm. The Firm will provide Client with any such supplement or amendment as it becomes available throughout the term of the Agreement. 89 INDIAN RIVER COUNTY, FLORIDA NOR MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., Assistant Public Works Director FROM: Kirstin Leiendecker, P.E., Project Engineer SUBJECT: Award of Bid No. 2019076 Indian River Boulevard and Grand Harbor Boulevard Signalization IRC -1806 DATE: September 25, 2019 DESCRIPTION AND CONDITIONS On May 8, 2018, the Board of County Commissioners approved Work Order No. 1 to Kimley-Horn and Associates, Inc. to provide survey, design and permitting services to add traffic signal mast arm assemblies, pedestrian crosswalks, sidewalks with ADA compliant ramps and associated drainage improvements at the intersection of Indian River Boulevard and Grand Harbor Boulevard. Due to the long lead time for all mast arm suppliers, on June 4, 2019, the Board of County Commissioners authorized the Purchasing Division to issue a purchase order in the amount of $100,668.00 to DOT Lighting, Inc. for the purchase of the mast arms with an approximate delivery time of 19 to 20 weeks. Following the purchase of the mast arms the project was advertised for bids and a bid opening for the Indian River Boulevard and Grand Harbor Boulevard Signalization was held on September 17, 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: COMPANY BID Sunshine Land Design, Inc. Stuart, FL * $481,780.68 Traffic Control Devices, Inc. Altamonte Springs, FL $501,501.00 Timothy Rose Contracting, Inc. Vero Beach, FL $506,153.87 American Lighting and Signalization, LLC Jacksonville, FL * $622,601.00 * Denotes mathematical errors were found and bid amounts corrected. 90 Sunshine Land Design, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $481,780.68, just $12,235.18 above the Engineer's Cost Estimate. Sunshine Land Design, Inc. has completed various projects within the County in a satisfactory manner. FUNDING Funding is budgeted and available in Secondary Roads/IR Blvd and Grand Harbor Signal, Account No. 10921441-066510-18025 in the amount of $481,780.68. RECOMMENDATION Staff recommends the project be awarded to Sunshine Land Design, Inc. in the amount of $481,780.68 for the construction of the Indian River Boulevard and Grand Harbor Boulevard Signalization. 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 OCTOBER 1, 2019 91 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1- WORK................................................................................................................................. 2 ARTICLE2 - THE PROJECT..................................................................11>........................................... 2 ARTICLE 3 - ENGINEER...................................................................N\........1..�.............................. 2 ARTICLE 4 - CONTRACT TIMES .................................. ...................... `.�............�..1.....:....... 2 ARTICLE 5 - CONTRACT PRICE ............... ARTICLE 6 - PAYMENT ARTICLE 7 - ARTICLE 8 - ARTICLE 9 - ........................... 3 ........................................................ 3 ....................................................... 5 .................................................................. 5 ........................................................................................... 6 ............................................................................................ 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 92 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 agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work Documents. The Work is generally described The proposed improvements to the intersect Grand Harbor Boulevard consist of the signalizati.omof arm assemblies which will be provided by the County,,, furnished by the Contractor. Also included is mill upgrades, signing and pavement markings, and \sod'din ARTICLE 2 - THE PROJECT 2.01 The Project for whi part is generally de Name: I Codnty;Project Nu Bid Number:l201'9 -18 e ed hereinafter set forth, in the Contract of Indian RiverlBoulevard and intersection by_installing mast ',all therappurtenances to be and resurfacing, curb ramp nents may be the whole or only a .EVARD AND GRAND HARBOR LIZATION BOULEVARD VERO BEACH, FLORIDA 32967 ARTICLE'3---ENGINEER \ 3.01 The Indian RivtCounty. Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 150TH calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the 93 General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 180TH calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER�and�CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,241.00 for each .calendar day that expires afte�the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete\After Substantial Completion, if CONTRACTOR shall neglect; refuse�or fail to complete the%emaining Work within the Contract Time or any proper extension\thereof granted/by OWNER, CONTRACTOR shall pay OWNER 1 2;41.00 or each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the 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 94 (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents., 6.03 Pay Requests. A. Each request for a progress payment shall be\submittdd on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All prog ess paymentswill�be on `he basis of progress of the work measured by the schedule of values established) or in the case of unit price work based�on—the number of units completed. After fifty percent (50%) completion,/ and --pursuant \to Florida \Statutes section 218.735(8)(d), the CONTRACTOR may s�ubmit�`a pay request to the County as OWNER for up to one half (1%2) of the retainage held by�the County as OWNER, and the County as OWNER shalltp o ply make payment,to the CONTRACTOR unless such amounts are\the subteet of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05; or otherwise the subject of a claim or demand by the\County as\OWNER or the CONTRACTOR. The CONTRACTOR acknowledges tha\t"-wher \such retainage is attributable to the labor, servicesor materialssupplied by,one or more subcontractors or suppliers, the Contra percent seek reli j pay reqs 6.04 Paragraphs 6.0 County as OWNER wh federal grantor laws ar Local Government Proi be governed by th"pr )r shall timely, �remitXpayment of such retainage to those and'suppli re s:,PUrsuant to�Florida Statutes section 218.735(8)(c), R further acknowledges and agrees that: 1) the County as I receive\immediate) written notice of all decisions made by k -to withhoi'd�retainage on any subcontractor at greater than five afterfifty percent (50%) completion; and 2) CONTRACTOR will not romAhe County as OWNER of the withheld retainage until the final an`d 6 03 do not apply to construction services work purchased by the 'bare paid for, in whole or in part, with federal funds and are subject to J regulations or requirements that are contrary to any provision of the ptPayment Act. In such event, payment and retainage provisions shall icable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 95 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. 7-x B. CONTRACTOR has visited the Site and become familWNwith 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 fo\all\federal, state�and1ocal Laws and Regulations that may affect cost, progress; andperformance of the Work:, D. CONTRACTOR has carefully studied 'all: (1)) reports `of'explorations and tests of subsurface conditions at or contiguous to th\Site/and all drawings of,physical conditions in or relating to existing surface or subsurfacestru/ctures at or contiguous to the Site (except Underground Facilities) which have -,been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition \if any�at the'Site which have been identified in the ndi Supplementary Cotionss as,provided'in paragraph 406 of the General Conditions. E. CONTRACTOR has obtained and�arefully 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 constructiori-to be, employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly__cequ�ed by\the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR 'does not consider that any further examinations, investigations, explorations, 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. 96 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, incl 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 tsp 4. Sample Certificate of Liability Insu 5. Contractor's Application for 6. Certificate of Substantial Ci Contractor's Final Certificati 8. Professional S Work (page OC 1632-1 to 00632-2, inclusive); Elevations and Locations of the 00800-i to 00800-11, inclusive); 1 (General Requirements) and Division 2 (Technical of a cover sheet and sheets numbered 1 through 12, inclusive, ng the following general title: INDIAN RIVER BOULEVARD AND 13. Addendei�applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 0031-7, inclusive); 16. Bid Bond (page 00430-1 17. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive); 97 18. List of Subcontractors (page 00458-1); 19. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 20. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on Agreement and are not attached hereto: Written Amendments; Work Change Directives; Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 A. Terms used in this Agreement 10.02 Assignment of A. 10.03 0 No assignment by binding on another bound; and, specific that are due may-nc of this restricti'omm any written conser assimor from anv\d legal represental representatives i Contract Documi 10.04 Severability the Effective Date of the gs indicated in the General Conditions. iy rights under or interests in the Contract will be gut, the written consent of the party sought to be tation, moneys that may become due and moneys ut such consent (except to the extent that the effect 1), and unless specifically stated to the contrary in it, no assignment will release or discharge the under the Contract Documents.. "OR each binds itself, its partners, successors, assigns, and other party hereto, its partners, successors, assigns, and legal to all covenants, agreements, and obligations contained in the 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. 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, pro/Vide 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 din Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are ex me pt 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 Cote (4) Upon completion of the contract,transfer, at,no,cost, to the County all public records in possession of the Contractor or keepyand�maintainp,ublic records required by the County to perform the service. If—the Contractor transfers albpublic records to the County upon completion of the cont(r-act�he C` tractor,shall,destroy any duplicate public records that are exempt or confidential and\xe`pt`om`publ d ecords 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 electron icallyaiust 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: 11 ` ) 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) 2\26=1424 publicrecords(aircgov.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. 99 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: INDIA By: Bi By: _ J� APPF SUFF By: _ I Jeffre Attesi (SEA! Desig NamE Title: 1801 Vero (772) Facsi CONTRACTOR: rnone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 100 Consent Agenda BCC Meeting 10-01-2019 INDIAN RIVER COUNTY, FLORIDA 0 AGENDA ITEM * Assistant County Administrator / :ODepartment of General Services Library Services Division Date: September 17, 2019 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Tracey L. Wehking, Director, Library Services Subject: Indian River County Library State Aid to Libraries Grant BACKGROUND In order to comply with the State Division of Library Information Services State Aid Grant Application, the Indian River County Library System must have the Grant Agreement and required documents approved by the Governing Board and signed by the Chair. DESCRIPTIONS AND CONDITIONS: The State Aid to Libraries Grant awarded to Indian River County Libraries was $86,869 for Fiscal Year 2018-19. The Grant requires Indian River County Library System to provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge. The Libraries must provide access to materials and information and services for all residents of the area served; and, to have at least one library, branch library, or member library open 40 hours or more each week. FUNDING: No funding is required. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners accept the Indian River County Library System State Aid Grant Agreement and Certification of Hours and authorize the Chairman to sign and return the State Aid Grant Agreement and Certification of Hours for FY 2019-20 to the Library Services Director to be forwarded to the appropriate State Library staff. ATTACHMENTS: State Aid to Libraries Grant Agreement Certification of Hours, Free Library Service and Access to Materials AGENDA ITEM FOR OCTOBER 1, 2019 101 20 -ST -21 Indian River County Library STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Indian River County for and on behalf of Indian River County Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the Indian River Countyfor and on behalf of Indian River County Library, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Fiscal Year 2019-20 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose.This grant shall be used exclusively for the "State Aid to Libraries Grant," the public purpose for which these funds were appropriated a) The Grantee shall perform the following Scope of Work: In accordance with Sections 257.17-257.18, Florida Statutes, the Grantee shall receive a grant amount that is calculated and based upon local funds expended during the second preceding fiscal year for the operation and maintenance of the library. For this grant, the local expenditures shall have been made during the period October 1, 2017 - September 30, 2018. In order to be eligible to receive the grant funding, the Grantee shall manage or coordinate free library service to the residents of its legal service area for the period October 1, 2017 through June 30, 2020. The Grantee shall: o Have a single administrative head employed full time by the library's governing body; o Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; o Provide access to materials, information and services for all residents of the area served; and o Have at least one library, branch library or member library open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement. b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to Page: 1 State Aid to Libfaries Grant Agreement (Form DLIS`SA02) 102 Chapter 'IB -2.01 ](2Xa); Florida Administrative Code, Fffective 06-2019 be awarded. Payment 1, Dchverablerfask 1 Payment will be an advance in the armimmt of 100% of the grarit award for the period October 1, 2017 through June 30, 2020. nie Grantee wR o Have expended funds to provide free library service during the period October 1, 201.7 - September 30, 2018; o Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1, 2017 - September 30, 2018 only; o Provide documentation showing that at least one library, branch library or member library is open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement; o Provide the Certification of Credentials for the Single Administrative Head; and o Provide a Certification of Hours, Free Library Service and Access to Materials. c) Grant funds shall be used for the operation and maintenance of the library. The allowable budget categories are: Personnel Services (salaries, wages, and related employee benefits provided for all persons employed by the reporting entity whether on full-time, part-time, temporary, or seasonal basis); Operating Expenses (expenditures for goods and services which primarily benefit the current period and are not defined as personal services or capital outlays); Non -Fixed Capital Outlay (outlays for the acquisition of or addition to fixed assets); and Other (other operating expenditure categories in the library budget). 2. Length of Agreement.This Agreement covers the period of October 1, 2017 to June 30, 2020, unless terminated in accordance with the provisions of Section 28 of this Agreement. This period begins with the start of the Grantee's second preceding fiscal year (October 1, 2017) and concludes with the end of the State of Florida's current fiscal year (June 30, 2020). 3. Expenditure of Grant Funds. Grant funds will be used to reimburse a portion of local funds expended by the Grantee during their second preceding fiscal year (October 1, 2017 — September 30, 2018) for the operation and maintenance of a library and shall not exceed the amount specified in Attachment B. No costs incurred after the second preceding fiscal year shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator. Florida Department of State Page: 2 State Aid to Libraries Grant Aoreetn:nt (Form DUSSA02) 103 Chapter 113-2.01I(Z)(a), Florida Adnmiistrative Code, Effective 06-2019 R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399-0250 Phone: 850.245.6620 Email: marian.deeney@dos.myflorida.com For the Grantee: Tracey Wehking Indian River County Library 1600 21st Street Vero Beach Florida 32960 Phone: 772.770.5060 Email: twehking@irchbrary.org 5. Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2019-20 State Aid to Libraries Final Grants" document (Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. Payment will be an advance in the amount of 100% of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form (forrnmmberDFS-AI-26E, rev6/2014), incorporated byreference, to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myfloridaefo.com/Division/AA/Forms/DFS-Al-26E.pdf. The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridaefo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division before or with the executed Agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: The Department shall require the return of the award in a prorated amount based upon the percentage of time that the library failed to perform the minimum level of services. The prorated reduction will be in the same percentage as the percentage of time that the library was not providing minimum level of services. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds. Any announcements, Page: 3 State Aid to Libraries Grant Agreement (Form DL1S/SA02) 104 Chapter IB -2.01 I(2)(a); Florida Admniistrative Code, Effective 0&2019 information, press releases, publications, brochures, videos, web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: "This project has been funded under the provisions of the State Aid to Libraries Grant program, administered by the Florida Department of State's Division of Library and Information Services." 10. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (datedFebnmy, 2011), incorporated by reference, which are available online at nZ floridacfo.conyDivisioWAA/Manuals/Aixii mglReference Guide For State Expendittres. Grant funds may not be used for the purchase or construction of a library building or library quarters. 11. Travel Expenses. The Grantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes. 12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds as outlined in the Department of Financial Service's Reference Guide for State Expenditures (dated February, 2011) (DZfloiidacfo.coniDivision/AA/Manaals/Auditing ference Gtude For State Expenditures.), incorporated by reference. 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Division of Library and Information Services, 500 South Bronough Street, Mail Station #91), Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 14. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 218.39, Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other Page: 4 State Aid to Libraries Ciant Aoreetmnt (Form DLIS'SA02) 105 Chapter 1132.011(2}(a), Florida Administrative Code, Fffective 06-2019 records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 18. Noncompliance. Any Grantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). Page: 5 State.Aid to Libraries Grant Agreere-nt (Fonio DLIS/SA02) ��� Chapter 1&2.01 I('2)(a); Florida Administrative Code. Effective 06-2019 20. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 21. Lobbying. The Grantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors.The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. 24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the. state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is Page: 6 State Aid to Libraries Grant Agreement (Form DLISSA02) 107 Chapter (&2.011(2)(a), Florida Administrative Code. Effective 06-2019 understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section18, Noncompliance. 26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 30. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be, transferred to the succeeding governmental agency as if it was the original party to this Agreement. Page: 7 State Aid to Libraries Grant Agreement (Fonu DLIS, SA02) log Chapter 1132.011(2)(a), Florida Adnmtistrative Code, Effective 06-2019 31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant -assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: a) Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. b) Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affu-ms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 33. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 35. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of 1990 (ada. ov (as of April 2019)), incorporated by reference). 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. Page: 8 State Aid to Libraries Grant Abreernent (Form DLIS/SA02) 109 Chapter IB -2.011(2)(a), Florida Administrative Code; Effective 06-2019 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2019-20 State Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and Will comply with all of its requirements. Grantee: Chair of Governing Body or Chief Executive Officer Typed name and title Date Department of State LM Amy Johnson, Director Division of Library and Information Services Department of State, State of Florida Typed name and title Date Clerk or Chief Financial Officer Witness Typed name and title Date Date Page: 9 State slid to Libraries Csant Ageement (Form DLIS'SA02) 110 Chapter I&2.01 I(2)(a), Florida Administrative Code, Effective (X>-2019 ATTACHMENT A FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. Monitoring In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F.S), as revised (see Audits below), monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. Audits Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. Exhibit 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, will meet the requirement of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Requirements, the cost of the audit must be Page: 10 State Aid to Libraries Caant Agreement (FonnDL1S/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 06-2019 paid from non-federal resources (i.e. the cost of such an audit must be paid from recipient resources obtained from other than federal entities). Part II: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2) F.S. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017 and thereafter), the recipient must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S. ; Rule Chapter 69I-5 F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance. awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2) F.S. , and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017 and thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) hLtp://www.myfloridacfo.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) htW://www.leg.state.fl.us/ Part III: Report Submission L. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by PART I of this agreement shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Page: l l State Aid to Libraries Grant Agreement (Fomt DLIS`SA02) 112 Chap'ter'I&2.011(2)(a); Florida Admniistrative Code. Effective (6-2019 Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.6 and section 200.512 The FAC's website prides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by PART Hof this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97 F.S. and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five years from the date the audit. report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. Page: 12 State Aid to Libraries 0 -ant Agreement (Point DL1S, SA02) 113 Chapter 113-2.01 [(2)(a), Florida Administrative Code..Ftlective 06-2019 EXHIBIT -1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, State Aid to Libraries; CSFA Number. 45.030 Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at httpsJ/apps.fldfs.com/fsaa/. Page: 13 State Aid to Libraries Crant Agreenrent (Fon77 DUS/SA02) 114 Chapter IB -2.011(2)(x), Florida Administrative Code, Effective 06-2019 ATTACHMENT B Fiscal Year 2019-20 State Aid to Libraries Final Grants State Aid to Libraries Grant Abreertxnt (Form DLIS/SA02) . Chapter 1&2.011(2)(a), Florida Adnvnistrative Code, Effective 06-2019 Page: 14 115 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Hours, Free Library Service and Access to Materials The Indian River County, governing body for the Indian River County Library hereby certifies that the following statements are true for the time period October 1, 2017 through June 30, 2020: Provides free library service, including loaning materials available for circulation free of charge and providing reference. and information services free of charge; Provides access to materials, information and services for all residents of the area served; and Has at least one library, branch library or member library open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system). Chair, Library Governing Body STATE OF FLORIDA INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION Bob Solari, Chairman Date BCC Approved: October 1, 2019 ATTEST. Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Indian River County, Florida Page: 1 Jason E. Brown, County Administrator Indian River County, Florida 116 CONSENT AGENDA 13CC Meeting 10-01-2019 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: September 20, 2019 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Bela Nagy, Sandridge Golf Professional Subject: Sandridge Golf Cart Concrete Path Repair Final Payment and Release of Retainage. DESCRIPTION AND CONDITIONS: On May 21, 2019, the Board of County Commissioners awarded Bid No. 2019054 to. Summit Construction of Vero Beach, LLC in the amount of $113,300.00 for the repair of approximately 94LF of cart path and the installation of approximately 2,835 LF of new path on the Dunes and Lakes Courses. Change Order No. 1, in the amount of $4,961.70, was approved under the authority of the County Administrator for purchase of additional concrete for repair of cracked paths adjacent to the new paths being poured, bringing the total contract amount to $118,261.70. Summit Construction has successfully completed the project and has been paid $84,371.13. FUNDING: Funds for Payment No. 2 are available in the Sandridge/Golf Course Improvements, Acct# 418- 164044 and for Payment No. 3 in Sandridge/Retainage-Summit Construction, Acct#418-206000. RECOMMENDATION: Staff respectfully recommends approval for payment of Application for Payment No. 2 of $22,064.40 and Application for Payment No. 3 for the release of retainage in the amount of $11,826.17, for total payment of $33,890.57 to Summit Construction of Vero Beach, LLC. APPROVED AGENDA ITEM FOR OCTOBER 1, 2019 117 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 19, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manage Subject: Bid Rejection - North WWTF Headworks Piping Reconfiguration, Bid No. 2019063 Description and Conditions: On July 25, 2019, bids were received for the North Wastewater Treatment Facility (NWWTF) headworks piping change and reconfiguration project. The project included the conversion of the 12 -inch force main to a 24 -inch force main at the headworks in order to resolve higher head pressures experienced in the existing forcemain. Analysis: The engineer's opinion of probable cost for the project was estimated at $85,000.00. Three (3) prospective bidders attended the pre-bid meeting that was held June 4, 2019. One (1) bid from TLC Diversified, Inc., was received for a total sum amount of $363,200.00, which was $278,200.00, or 327%, over the budgeted amount. Staff feels that in order to ensure the county receives competitive bids for the subject project, the most appropriate action is the rejection of this bid and to re -advertise at a later date. The lack of participation and higher than anticipated cost could possibly be attributed to the complexity of the temporary by-pass of the raw wastewater. Funding: Funding will not be required at this time. Recommendation: Staff recommends the rejection of the bid submitted by TLC Diversified, Inc., in response to Invitation to Bid No. 2019063, and that the Board of County Commissioners authorize staff to reevaluate the design and re -advertise at a later date. 118 F:\Utilities\UTILITY - Engineering\WASTEWATER\W WTF - North Regional\Headworks Piping Configuration\Admin\Rejection of bid 10-1-19.docx 710 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: September 24, 2019 SUBJECT: Revision to Administrative Policy AM -301.3 Overtime and AM -502.1 Vacation BACKGROUND: Indian River County has established administrative policies outlining various policies, practices and procedures applicable to County employees. The policies are reviewed, and recommended revisions are presented to the Indian River County Board of County Commissioners (IRCBOCC) for consideration. Subsequent to the contractual changes negotiated with the Teamsters' Union, Human Resources is recommending the attached revisions to AM -301.3 Overtime and AM -502.1 Vacation policies. The overtime policy is updated to provide for competitive compensation for non-exempt employees who are required to work during a declared emergency when other employees are relieved of duty. Employees working their normal shift while other employees are relieved of duty with pay will receive two times their time for hours worked during their normal shift. Hours worked outside of their normal shift will be paid at time and one-half. This is consistent with the compensation paid to employees represented by the Teamsters' union. In addition, the vacation policy is updated to provide for a common vacation accrual schedule for employees regardless of the date of hire. The criteria for accruing vacation for the month has also been more clearly explained. There is no change to the maximum accrual/carryover amounts. This is consistent with the accrual schedule for employees represented by the Teamsters' union. FUNDING: The impact to overtime funding is included in the funding for expenses associated with a declared emergency. There may be a negligible increase cost associated with possible overtime expenses resulting from the additional vacation day accrual if the employee's position needs to be backfilled using overtime.. This would not be realized until the FY20/21 budget. 119 RECOMMENDATION: Staff recommends the Board approve the revisions to Administrative Policy AM -301.3 Overtime and AM -502.1 Vacation. lsltIF_[ .. ►�1'I�i1 k 4 AM -301.3 Overtime Policy AM -502.1 Vacation Policy 120 It is the policy of the County not to work employees beyond the regularly scheduled work week unless conditions warrant. This policy will be governed by applicable Fair Labor Standards Act regulations for Public and Public Safety employees. 1. All full-time employees normally work a standard number of hours each week, as described in unit HOURS OF WORK, AM -208.1. The standard number of hours are determined based on the position type and budgeted hours. 2. Management may schedule overtime beyond the standard budgeted work week hours when it is in the best interest of the County and is the most practical and economical way of meeting workloads or deadlines. An employee must receive prior approval from the supervisor prior to working additional hours. Employees are not authorized to work additional hours without prior approval. 3. Employees will be required to work overtime when requested by management unless excused by management. The County will attempt to provide advance notice of the need to work overtime. There may be instances where advance notice cannot be provided. .Employees may volunteer to work overtime and should communicate that interest to their supervisors. Overtime will only be scheduled for those employees fully qualified to perform the work required. All other factors being the same, seniority may be used as a selection factor. In most work units, efforts will be made to equalize overtime among employees who are similarly classified. 4. Employees who are subject to the minimum wage and overtime provisions of the Fair Labor Standards Act are referred to as "nonexempt," meaning not exempt from that law. Those who are "nonexempt" are eligible for overtime pay at one and one-half times their pay rate for hours worked beyond (40) forty in one week. Non-exempt employees whose standard number of hours each week is less than (40) forty, will receive straight time for overtime hours worked that are excess of the standard hours and do not exceed (40) forty hours in one week. Non-exempt employees are classified in the "L", "M", "N", and "S" groups as discussed in the unit PAYROLL/SALARY ADMINIST RATION, AM -301 .1. Employees who are "exempt" are not eligible for overtime pay and these employees are classified in the "A" and "E" groups in the salary administration unit. During a declared emergency, additional compensation may be paid to "exempt" employees, as approved. by the County Administrator, at a rate. not to exceed the employee's hourly salary as used for the purpose of payroll calculations as identified in number 8 below. 121 5. When computing overtime compensation, vacation, holidays, bereavement leave, jury duty, paid emergency leave during a declared emergency, and military leave shall be considered as time worked. Other absences from work while on pay status, such as sick leave, will not be counted as time worked for overtime computation. 6. Compensatory time shall not be used as compensation for overtime. 7. During a declared emergency, if non-union employees are relieved of duty and provided paid emergency leave (ex. hurricane leave), any non-union employee who is required to complete their shift will be paid for the remainder of their normally scheduled shift at two times their regular rate of pay. If an employee works part of their normal shift, the non -working hours that fall within their normal work schedule will be paid as emergency leave and the working hours will be paid at time and ^^� balftwo times their regular rate of pay. Time that extends beyond the normal shift will be paid at time and one-half. Other absences from work while on paid leave to include sick leave will be counted as time worked for overtime computation. This will only apply to the work week in which paid emergency leave is granted. Subsequent work weeks, will return to the overtime compensation criteria identified above. 8. During a declared emergency, "exempt" employees who are assigned to work when other "exempt" employees are relieved of duty and provided paid emergency leave, are eligible to receive additional compensation for hours worked to include hours worked beyond a normal work schedule. Compensation will be in addition to the employee's normal salary and will be calculated based on the additional hours worked at a rate of pay equal to the employee's hourly salary as used for the purpose of payroll calculations. The County Administrator will identify the beginning and ending dates that exempt employees will be eligible for additional compensation. Exempt employees will be required to document their time and work performed on the required forms. JASON E. BROWN DATE: 122 POLICY: It is the policy of the County to provide vacation leave with pay to employees in regularly established positions in accordance with the guidelines established below. COMMENT: 1. Full-time employees will accrue paid vacation leave based on the number of budgeted hours in their work week according to the following schedule: ACCRUAL RATES Days Per 37.5 Hour Week 40.0 Hour Week Service Year Hrs/Yr Hrs/Mo Hrs/Yr Hrs/Mo 1 yr to 4yrs 12 months 10 75.0 6.25 80.0 6.67 5 yrs to 5 yrs 12 months 11 82.5 6.88 88.0 7.34 6 yrs to 6 yrs 12 months 12 90.0 7.50 96.0 8.00 7 yrs to 7 yrs 12 months 13 97.5 8.13 104.0 8.67 8 yrs to 8 yrs 12 months 14 105.0 8.75 112.0 9.34 9 yrs to 9 yrs 12 months 15 112.5 9.38 120.0 10.00 10 yrs to 10 yrs 12 months 16 120.0 10.00 128.0 10.67 11 yrs to 11 yrs 12 months 17 127.5 10.63 136.0 11.34 12 yrs to 12 yrs 12 months 18 135.0 11.25 144.0 12.00 13 yrs to 13 yrs 12 months 19 142.5 11.88 152.0 12.67 14 yrs max accrual rate 20 150.0 12.50 160.0 13.34 2. Part-time employees are entitled to vacation accrual on a pro -rata basis. Part-time employees hired on or after June 22, 2001, and temporary employees are not eligible to accrue vacation leave. 3. New employees may use vacation after completing their new hire probation. No employee may use vacation leave in advance of it being accrued. Accrued vacation is credited at the end of each month, and is shown on the payroll prelist for the pay period ending on or after the first of the following month. In order to accrue vacation for that month, an employee must work at least one-half of the budgeted hours in the month or be in a paid leave status. Donated sick leave and paid administrative leave are excluded. 4. Authorized vacation hours shall be counted as time worked for the purpose of computing overtime pay eligibility. 123 5. Employees hired prior to October 1, 2011, will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a maximum of 75 days. Any vacation time accrued over 75 days during the calendar year must be used by December 31 of that calendar year. On January 1 vacation balances exceeding 75 days will be rolled back to the 75 -day maximum. Employees hired on or after October 1, 2011, will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a maximum of 30 days. Any vacation time accrued over 30 days during the calendar year must be used by December 31 of that calendar year. On January 1 vacation balances exceeding 30 days will be rolled back to the 30 -day maximum. 6. Vacation leave may be taken after approval by the manager or supervisor. Employees are encouraged to take their vacation in increments of five working days or more. It may be requested in increments as small as one hour. 7. Employees shall not be paid for earned vacation leave in lieu of taking the leave, except upon termination of employment. In no event will an employee be paid for more than 75 days (if hired prior to October 1, 2011) or 30 days (if hired on or after October 1, 2011) of vacation leave upon termination of employment. Earned vacation leave for employees who die while in County employment shall be paid to the same beneficiary as is designated for the life insurance benefit. 8. When a County observed holiday falls within an authorized vacation leave period, that time shall be charged as holiday pay, and vacation leave will not be charged. 9. Vacation leave will always be paid at the employee's pay level at the time the vacation is used. JASON E. BROWN DATE 124 MAI 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: September 13, 2019 SUBJECT: Request from Cleveland Clinic Martin Health for a Class B Certificate of Public Convenience and Necessity to provide Non - Emergency ambulance inter -facility medical transports at the ALS/BLS level. 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 31, 1995, the Transportation Disadvantaged Local Coordinating Board recommended to the County Commission that an ordinance be adopted to require a Certificate of Public Convenience and Necessity (COPCN) for the regulation of wheelchair services. On September 19, 1996, the Indian River County Board of County Commissioners approved regulations governing ambulance services as outlined in County Ordinance, Chapter 304, Life Support and Wheelchair services. Analysis: On July 9, 2019, Cleveland Clinic Martin Health submitted an application for Class B Certificate of Public Convenience and Necessity to provide Non -Emergency ambulance inter -facility medical transports at the ALSBLS level. Pursuant to the Indian River County Code referenced above, staff initiated an investigation to be made regarding the application and the need for the additional non- emergency transportation service in the County. There are three (3) other providers who hold a Class B certificate in the County as follows: American/All County Ambulance Coastal Health Services of Brevard, Inc. We Care of the Treasure Coast At an informational meeting, which was held on August 22, 2019, all current providers, 125 municipalities, and interested groups were invited to attend for the purpose of receiving information about the proposed service and discuss the need for additional service in the County. Only one current provider attended the meeting and they raised no concerns over the impacts generated by Cleveland Clinic Martin Health. The required Public Hearing Notice was published in the Vero Beach Press Journal on September 15, 2019. Recommendation: Indian River County Ordinance, Chapter 304, Life Support and Wheelchair Services states that the issuance of a Certificate of Public Convenience and Necessity shall be regulated by additional needs of the public. Staff recommends that the Board of County Commissioners, based upon the needs assessment as outlined in Indian River County Ordinance, Chapter 304.07, to approve and grant a Class `B" COPCN to Cleveland Clinic Martin Health. Attachments: **Due to the size of the application, it is available for review during regular business hours (8:30am to 5:OOpm, Monday through Friday) at the Offices of Emergency Services.** 126 Rllcv� �., �... ,r: �. =PART`C1F4Ii-fECIS:��T�DDAY%$aiETWC3RK Indian River Press Journal ( ` 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION sF NOTICE OF PUBLIC HEARING O NOTICE IS HEREBYGIVEN that P, the Board of County Commis- sioners of Indian River County, INDIAN RIVER CO ATTO RNEYS OFC Florida, will conduct a Public 1801 27 TH STREET Hearing to consider the fol- lowing: VERO BEACH, FL 32960 CLASS "B" CEIRTIFICAOTE OF PUBLIC CONVENIENCE AND NECESSITY BY CLEVELANC STATE OF WISCONSIN CLINIC MARTIN HEALTH FOF MARTIN HEALTH SYSTEM.AD- COUNTY OF BROWN VANCED MEDICAL TRANS PORT, TO PROVIDE AD- VANCED LIFE SUPPORT(ALS) Before the undersigned authority personally appeared, said AND BASIC LIFE SUPPOR" al clerk, who on oath says that he/she is a legal clerk of (BLS) TRANSPORTATION legal Y 9 SERVICESQS DEFINED IN AND the Indian River Press Journal, a daily newspaper PURSUANT TO CHAPTER 304, published at Vero Beachin Indian River Press Journal, a INDIAN RIVER COUNTY CODE. daily newspaper published at Vero Beach in Indian River The Public Hearing will be Count Florida: that the attached co of advertisement held on Tuesday. October n Y. copy 2019 at 9:05 a.m., or as soon was published in the Indian River Press Journal in the thereafter as the matter may Com- followingissues below. Affiant further says that the said mi heard, in the County Y mission Chambers located on Indian River Press Journal is a newspaper published in the first floor of Building A of , Florida, and that the County Administrative Vero Beach in said Indian River County, Complex, 1801 27th Street, said newspaper has heretofore been continuously Vero Beach, Florida 32960, at published in said Indian River Count Florida, daily and which time interested parties P Y. Y may be heard with respect to distributed in Indian River County, Florida, for a period of the application. one year next preceding the first publication of the attached Any proposed documents may copy of advertisement; and affiant further says that she has be ascertained by the public neither paid or promised any person, firm or corporation during regular business hours (8:30 a.m. to 5:00 p.m., Mon - any discount, rebate, commission or refund for the purpose day through Friday) at the Of- fices f- of securingthis advertisement for publication in the said l c at of Emergency Services: P located at 4225 43rd Avenue; newspaper. The Indian River Press Journal has been Vero Beach, Florida 32967. entered as Periodical Matter at the Post Offices in Vero Anyone who may wish to ap- Beach, Indian River County, Florida and has been for a peal any decision which may period of one year next preceding the first publication of the be made at this meeting will p Y p g p need to ensure that a verba - attached copy of advertisement. tim record of the proceedings is made, which includes testi- mony and evidence upon September 15, 2019 which the appeal is based. Anyone who needs a special accommodation for this meet - ng must contact the County's Americans With Disabilities Subscribed and sworn to before on September 16, 2019: Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. YYl.,uv INDIAN RIVER COUNTY BOARD OF COUNTY Notarv. State of VVI. Countv of Brown COMMISSIONERS BOB SOLARI, CHAIRMAN Pub: September 15, 2019 TCN TARA MONDLOCH 3778372 Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $119.70 Ad No:0003778372 Customer No: 1310775 PO #: Cleveland Clinic I9�A-I 10A:� 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: Steve Greer, Training Captain Department of Emergency Services Fire Rescue Division DATE: September 13, 2019 SUBJECT: Request from MCT Express, Inc. DBA United Medical Transportation for a Class `B" and "E1" Certificate of Public Convenience and Necessity to provide Non -Emergency ambulance inter -facility medical transports at the ALS/BLS level and Wheelchair Transports originating in Indian River County 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 31, 1995, the Transportation Disadvantaged Local Coordinating Board recommended to the County Commission that an ordinance be adopted to require a Certificate of Public Convenience and Necessity (COPCN) for the regulation of wheelchair services. On September 19, 1996, the Indian River County Board of County Commissioners approved regulations governing ambulance services as outlined in County Ordinance, Chapter 304, Life Support and Wheelchair services. Analysis: On June 30, 2019, MCT Express, Inc. DBA United Medical Transportation submitted an application for Class B Certificate of Public Convenience and Necessity to provide Non - Emergency ambulance inter -facility medical transports at the ALS/BLS level and a Class E1 Certificate of Public Convenience and Necessity to provide Wheelchair Transports originating in Indian River County. Pursuant to the Indian River County Code referenced above, staff initiated an investigation to be made regarding the application and the need for the additional non- emergency transportation service in the County. 127 There are three (3) other providers who hold a Class B & El certificate in the County as follows: American/All County Ambulance Stellar Transport We Care of the Treasure Coast At an informational meeting, which was held on August 22, 2019, all current providers, municipalities, and interested groups were invited to attend for the purpose of receiving information about the proposed service and discuss the need for additional service in the County. Only one current provider attended the meeting and they raised a few concerns over the impacts generated by MCT Express, Inc. DBA United Medical Transportation but will address those at the Public Hearing. The required Public Hearing Notice was published in the Vero Beach Press Journal on September 15, 2019. Recommendation: Indian River County Ordinance, Chapter 304, Life Support and Wheelchair Services states that the issuance of a Certificate of Public Convenience and Necessity shall be regulated by additional needs of the public. Staff recommends that the Board of County Commissioners, based upon the needs assessment as outlined in Indian River County Ordinance, Chapter 304.07, to approve and grant a Class "B" & "E1" COPCN to MCT Express, Inc. DBA United Medical Transportation. Attachments: **Due to the size of the application, it is available for review during regular business hours (8:30am to 5:OOpm, Monday through Friday) at the Offices of Emergency Services.** 128 INDIAN RIVER CO ATTO RNEYS OFC 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, 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. September 15, 2019 Subscribed and swor to before on September 16, 2019: -Notary. State of WI. Countv of Brown TARA MONDLOCH Notary PUblic State of Wisconsin My commission expires August 6, 2021 Publication Cost: $123.12 Ad No: 0003778461 Customer No: 1310775 PO #: MCT Express Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING NOTICE IS HEREBYGIVEN that the _Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider the fol- lowing: AN APPLICATION FOR A CLASS "B" AND CLASS "E1" CERTIFICATEOF PUBLIC CON- VENIENCE AND NECESSIT FOR MCT EXPRESS,INC: DBA UNITED MEDICAL TRANSPOR TATION, TO PROVIDE AD- VANCED LIFE SUPPORT(ALS), BASIC LIFE SUPPORT (BLS) AND WHEELCHAIR W H EELCHA I R/STRETCH ER, AND AMBULATORY TRANS PORTATION SERVICESAS DE- FINED IN AND PURSUANTTO CHAPTER 304, INDIAN RIVEF COUNTY CODE. The Public .Hearing 'will be held on Tuesday, October 1., 2019 at 9:05 a.m., or as soon thereafter as the matter may be heard, ,in the County Com- mission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th. Street, Vero Beach, Florida 32960,, at. which time interested parties may be heard with respect to the application. Any proposed documents may be ascertained :by the public during regularbusiness hours (8:30 a.m. to 5:00 p.m., Mon- day through Friday) at the Of- fices of Emergency Services, located at 4225 43rd Avenue, Vero Beach, Florida 32967. Anyone who may wish to ap- peal any decision which may be made at this meeting will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- ing must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BOB SOLARI, CHAIRMAN Pub: September 15, 2019 TCN 3778461 10,A, 9, _ /d8 A ..-I 13 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: September 23, 2019 SUBJECT: Mark W. Plate's Request for Abandonment of a 130' Long Segment of the 70' Wide 57th Avenue Right -of -Way South of 97th Place in the Tropicana Homesites Subdivision [ROWA-18-07-03 / 2017030059-81633] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 1, 2019. DESCRIPTION AND CONDITIONS: Mark W. Plate is requesting abandonment of the portion of 57th Avenue right-of-way south of 97th Place in the Tropicana Homesites Subdivision. Tropicana Homesites is a residential subdivision located on the east side of US 1 just north of Barber Street and is adjacent to the Pelican Pointe condominium development (see attachment 2). The subdivision was platted in the mid 1950's. The 70' wide by 130' long subject segment of right-of-way is at the edge of the subdivision and appears to have been platted to facilitate development of the adjacent property which is now developed as Pelican Pointe. While the subject segment of right-of-way was never formally improved, it has been cleared and leveled for a significant period of time. The applicant owns the lot adjacent to the west of the subject right-of-way segment and has requested that the subject segment of right-of-way be abandoned. If abandoned, the total right-of-way will revert to the adjacent property to the west since the plat that created the right-of-way did not extend to the east. As required by the County land development regulations (LDRs), prior to the Technical Review Committee (TRC) meeting at which the subject application was reviewed, staff notified each property owner adjacent to the subject right-of-way by regular mail. Based on the notification, the adjacent property owner (Pelican Pointe) expressed a concern regarding the proposed abandonment, since Pelican Pointe uses the subject right-of-way to access the project's maintenance building which is near the subject right-of-way segment. If the entire right-of-way reverts to the adjacent lot owner, Pelican Pointe will lose the ability to use the subject segment of right-of-way for access. The applicant and adjacent property owners have reached an agreement (side deal) where the applicant will deed the east half of the right-of-way to Pelican Pointe, if the right-of-way is abandoned. Such an agreement will allow Pelican Pointe continued functional access to the maintenance area. The attorney for Pelican Pointe is presently holding a signed agreement from Plate to provide a deed to Pelican Pointe pending the approval of the right-of-way abandonment. At this time, the applicant requests that the subject right-of-way be abandoned. 129 ANALYSIS: Consistent with guidelines established by the BCC, this petition was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the subject right-of-way. Upon review, County staff advised that there is an existing 10' foot wide drainage and utility easement that runs along the rear of all lots within the subdivision, and those easements were dedicated to the County. Therefore, County staff recommends that a 10' foot wide drainage and utility easement be retained along the south 10' feet of the subject right-of-way (to align with the existing rear lot easements), in order to provide a continuous easement. The subject right-of-way is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thoroughfare system. Furthermore, the abandonment will not affect the right of convenient access to any surrounding properties. The County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. RECOMMENDATION: Based on the analysis provided in staff's report, staff recommends that the Board abandon its rights to the subject right-of-way and authorize the chairman to execute the proposed abandonment resolution, with the following condition, as addressed in the proposed abandonment resolution: A 10' foot wide drainage and utility easement shall be retained along the south side of the subject right-of-way. ATTACHMENTS: 1. Location Map 2. Abandonment Resolution 130 RESOLUTION 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 130' LONG SEGMENT OF THE 70' WIDE 57TH AVENUE RIGHT-OF-WAY SOUTH OF 97TH PLACE AS PLATTED IN THE TROPICANA HOMESITES SUBDIVISION, INDIAN RIVER COUNTY PLAT BOOK 4, PAGE 20, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, WITH RETAINAGE OF A 10' WIDE PUBLIC DRAINAGE AND UTILITY EASEMENT OVER THE SOUTH 10'. WHEREAS, Indian River County originally received a duly executed and documented petition from Mark W. Plate on April 11, 2018, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a 130' long segment of the 70' wide 57h Avenue Right -of -Way South of 97h Place in the Tropicana Homesites Subdivision, Indian River County, Plat Book 4 Page 20, of the Public Records of Indian River County, Florida; and WHEREAS, in accordance with Section 336. 10, Florida Statutes notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that the subject right-of-way is not located within any municipality, not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows: WEST HALF A 35 foot wide strip of land being the West 1/2 of Palmetto Avenue (now known as 57th Avenue) right-of-way (r/w) as shown on TROPICANA HOMESITES, according to the Plat thereof, as recorded in Plat Book 4, Page 20, of the Public Records of Indian River County, Florida, being bounded on the North by the Easterly extension of the North line of Block "A" of said TROPICANA HOMESITES and on the South by the South line of said TROPICANA HOMESITES, said strip more particularly described as follows: BEGINNING at the Northeast corner of Lot 5, Block A, of said TROPICANA HOMESITES, proceed South 89040'10" East along the Easterly extension of the North line of said Block "A" a distance of 35.00 feet to a point in the centerline of 57th Avenue; thence South 00019'50" West along said centerline a distance of 130.00 feet to a point on the South line of said TROPICANA HOMESITES; thence North 89°40'10" West along the South line of said TROPICANA HOMESITES a distance of 35.00 feet to the Southeast corner of said Lot 5, Block A; thence North 0099'50" East along the East line of said Lot 5, Block A a distance of 130.00 feet to the POINT OF BEGINNING. 132 ATTACHMENT #2 RESOLUTION 2019 - Containing an area of 4550 square feet, or 0.104 acres, more or less. SUBJECT TO a 10 foot wide public utility easement over the South 10 feet thereof. EAST HALF A 35 foot wide strip of land being the East 1/2 of Palmetto Avenue (now known as 57th Avenue) right-of-way (r/w) as shown on TROPICANA HOMESITES, according to the Plat thereof, as recorded in Plat Book 4, Page 20, of the Public Records of Indian River County, Florida, being bounded on the North by the Easterly extension of the North line of Block "A" of said TROPICANA HOMESITES and bounded on the South by the South line of said plat of TROPICANA HOMESITES, said strip more particularly described as follows: Commencing at the Northeast corner of Lot 5, Block A, of said TROPICANA HOMESITES, proceed South 89'40'10" East along the Easterly extension of the North line of said Block "A" a distance of 35.00 feet to a point on the centerline of 57th Avenue, said point being the POINT OF BEGINNING; thence continue South 89°40'10" East along said Easterly extension a distance of 35.00 feet to a point on the East line of said TROPICANA HOMESITES; thence South 00'19'50" West along said East line a distance of 130.00 feet to the Southeast corner of said TROPICANA HOMESITES; thence North 89°40'10" West along the South line of said TROPICANA HOMESITES a distance of 35.00 feet to a point on the centerline of said 57th Avenue r/w; thence North 00°19'50" East along said centerline a distance of 130.00 feet to the point of beginning. Containing an area of 4550 square feet, or 0.104 acres, more or less. SUBJECT TO a 10 foot wide public drainage and utility easement over the South 10 feet thereof. Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated except that a 10' wide public drainage and utility easement shall be retained over the south 10' (see attached Exhibit A). 2. The closing, vacation, and abandonment of this segment of public right-of-way is in the best interests of the public. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof. 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Section 336.10 Florida Statutes in the Official Record Books of Indian River County without undue delay. The subject right-of-way shall revert entirely to and be combined with Lot 5 Block A of the Tropicana Homesites Subdivision, subject to a 10' wide drainage and utility easement over the south 10'. 133 ATTACHMENT #2 RESOLUTION 2019 - The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of , 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA :• Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of )2019. Notary Public 134 ATTACHMENT #2 RESOLUTION 2019 - APPROVED AS TO LEGAL SUFFICIENCY :• William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS MM Roland M. DeBlois, AICP, Interim Director Community Development Department 135 ATTACHMENT #2 SKETCH OF DESCRIPTION 97th PLACE 70' R/W GRAPHIC SCALES. S. TROPICANA DRIVE (P) 0 10 20 40 -- S89'40'10"E 70.00' 35.00' 35.00' (IN FEET) 1 inch=20 ft. / S89'40'10"E N.E.CORNER E'LY. EXTENSION OF NOTES: LOT 5, BLOCK A I N. LINE BLOCK -A- 1. This is not a survey. /DESCRIBED 2. Reproductions of this a I o�PARCEL o o Nk' sketch are not valid unless it bears the signature and o w / oUj original raised seal of a m Q i Florida licensed Surveyor & 7 < Mapper. o I PALMETTO AVE. (P) 3. This is an original W 57th A VENUE description prepared per Ld m `O client request. U) C3 w e ,70 R/W Z YW N P.B.I. 4, PG. 20 00(3 mza w~ LY J=a 0 m LEGEND P.O.B.=POINT OF BEGINNING I- U . I WEST 1 /2 EAST 1/2 a o P.B.I.=PLAT BOOK INDIAN RIVER boa 4550 SQ. FT. 4550 SQ. FT. COUNTY PUBLIC RECORDS I 0.104 AC. t' 0.104 AC. f `"I O.R.B.=OFFICIAL RECORDS BOOK R/W=RIGHT OF WAY g /Ld (P)=PLAT ti « a COR.=CORNERm p W < W a_ �W IC.5 C LO O O n !n to Q j I w O) mN O M O Q Z O O w Z Ln 90'00'00"(P) /U S.E. CORNER SQU111 UNE OF TROPICANA TROPI 1117-17 j HOME51 S HOMESITES 10' PUBLIC U77LITY 110, PPUBUTC//U77UTY EASEMENT PER PLAT EASEMENT/ / N89"40'10"W 35.00' 35.00' S.E. CORNER—/N89-40'10"W 70.00' LOT 5, BLOCK A UNPLATTED — GOLF COURSE LEGAL DESCRIP11ON A 35 foot wide strip of land being the West 1/2 of Palmetto Avenue (now known as 57th Avenue) right—of—way (r/w) as shown on TROPICANA HOMESITES, according to the Plat thereof, as recorded in Plat Book 4, Page 20, of the Public Records of Indian River County, Florida, being bounded on the North by the Easterly extension of the North line of Block "A" of said TROPICANA HOMESITES and on the South by the South line of said TROPICANA HOMESITES, said strip more particularly described as follows: BEGINNING at the Northeast corner of Lot 5, Block A, of said TROPICANA HOMESITES, proceed South 89'40'10" East along the Easterly extension of the North line of said Block "A" a distance of 35.00 feet to a point in the centerline of 57th Avenue; thence South 00'19'50" West along said centerline a distance of 130.00 feet to a point on the South line of said TROPICANA HOMESITES; thence North 89'40'10" West along the South line of said TROPICANA HOMESITES a distance of 35.00 feet to the Southeast corner of said Lot 5, Block A; thence North 00'19'50" East along the East line of said Lot 5, Block A a distance of 130.00 feet to the POINT OF BEGINNING. Containing an area of 4550 square feet, or 0.104 acres, more or less. SUBJECT TO a 10 foot wide public utility easement over the South 10 feet thereof. REVISED PER IR CO. — 3/1/19 William B. Zentz & Associates, Inc. JOB No. Professione/Surve i &M 206-001 Yn9 BPPin9 CERTIFICATE OF AUTHORIZATION (LB) No. 6840 [><37E 684 Old Dixie Highway 1/2919 Vero Beach, FI 32962 Phone: (772) 567-7552 WLLIAM B. ZENU,, PLS SHEET of \q Fax (772) 567-1751 REGISTERED LAND SURVEYOR No. 5276 STATE OF FLORIDA �36 1 Exhibit "A " Page 1 of 2 ATTACHMENT #2 SKETCH OF DESCRIPTION 97th PLACE70' R/W GRAPHIC SCALE S. TROPICANA DRIVE (P) 0 10 20 40 P.O.C. P.O.B. S89'40'10"E 70.00' (IN FEET) 1 inch=20 ft. 35.00' /35.00'�/ N.E. CORNER CLY. EXTENSION OF SS9�4O'10"E LOT 5, BLOCK A l N. LINE BLOCK "A" W NOTES: it DESCRIBED 1. This is not a survey.W a /PARCEL o 2 2. Reproductions of this W o O j p sketch are not valid ly 0 o m Q unless it bears the signature and original w raised seal of a Florida licensed Surveyor & (� PALMETTO AVE. (P) Mapper. v, 57th A VENUE W I� a V) o a 70' R/W W � LEGEND �2" �� P.B.I. 4, PG. 20 ood< P.O.C.=POINT OF COMMENCEMENT -i = a- I a m P.O.B.=POINT OF BEGINNING M<'7 a P.B.I.=PLAT BOOK INDIAN RIVER `n Q COUNTY PUBLIC RECORDSv 0i I WEST 1/2 EAST 1/2 Uj O.R.B.=OFFICIAL RECORDS BOOK o o c 4550 SQ. FT. 4550 SQ. FT. Z R/W=RIGHT OF WAY I 0.104 AC. f 0.104 AC. t/ w " (P)=PLAT 3 w COR.=CORNER I Cr 0 Of w ¢ a' w o o !O ; in o Q, w p - 0 p Q Z O Z N C- 90,00,00" 90'00'00" SOUTH LINE /S.E. CORNER TROPICANA HOMESITES TROPICANA HOMESITES 10' PUBLIC U77LJTY ' PUBLIC EASe4fENi PEN PLAT JDEASEMENT 77CJ7Y N89"40'10"W 35.00' /i35.00'/ S.E. CORNER N89'40'1 0"W 70,00' LOT 5, BLOCK A Legal Description UNPLATTED — GOLF COURSE A 35 foot wide strip of land being the East 1/2 of Palmetto Avenue (now known as 57th Avenue) right—of—way (r/w) as shown on TROPICANA HOMESITES, according to the Plat thereof, as recorded in Plat Book 4, Page 20, of the Public Records of Indian River County, Florida, being bounded on the North by the Easterly extension of the North line of Block "A" of said TROPICANA HOMESITES and bounded on the South by the South line of said plot of TROPICANA HOMESITES, said strip more particularly described as follows: Commencing at the Northeast corner of Lot 5, Block A, of said TROPICANA HOMESITES, proceed South 89'40'10" East along the Easterly extension of the North line of said Block "A" a distance of 35.00 feet to to a point on the centerline of 57th Avenue, said point being the POINT OF BEGINNING; thence continue South 89'40'10" East along said Easterly extension a distance of 35.00 feet to a point on the East line of said TROPICANA HOMESITES; thence South 00'19'50" West along said East line a distance of 130.00 feet to the Southeast comer of said TROPICANA HOMESITES; thence North 89'40'10" West along the South line of said TROPICANA HOMESITES a distance of 35.00 feet to a point on the centerline of said 57th Avenue r/w; thence North 00'19'50" East along said centerline a distance of 130.00 feet to the point of beginning. Containing an area of 4550 square feet, or 0.104 acres, more or less. SUBJECT TO a 10 foot wide public utility easement over the South 10 feet thereof. REVISED PER IR CO. — 3/1/19 William B. Zentz & Associates, Inc. JOB No. Professional Surveying&Mapping 206-001 CEFMFICATE OF AUTHORIZATION (LB) No. 6840 DATE Vero Beach, FI 32962 1/29/19 Phone: (772) 567-7552 1Y1LUw B. ZENTZ, PLS SHEET OF Fax : (772) 567-1751 REGISTERED LAND SURVEYOR No. 5276 STATE OF FLORIDA 13'1y 1 Exhibit "A" Page 2 of 2 ATTACHMENT #2 W I Io.IA. 3 m CL cr 0 0 e cu 0=. rn cr -V CL o :3 0 ro CL 0 o 0 m CD P;� . CD o CD � CD CD d It r cn CD CD c� CD CD cD 0 c� CD cD CD 0 Ll CD Ei CD cn cn 0 Ll c� c CD 0 (D CL CD CD CD CL 10,A 3. \I o o CD � � CD CD CD P CD CD o CD CD CD CD o 0M (0, A_ o CD � � CD CD P 0M (0, A_ BEARING BASE P.B.I. 4. PG. 20 � 2 ASE .0 ASSUMED DA - E. UNE LOT 5, BLOCK A PLAT N001 \130.00r MN 0 -4- cN: to (o z " (p, m � m "Nif" b 4� Ff- r— rn 0 rn > 57th AVE. R ol N001$ Ln 80 > Co Co f� 4 4� — CV o0 a 8cl ;E 500,19,50"W 130.00' :- LINE TRONCANA HOUESITES EDr U.PLATi L PARCEL 2 - O.R.8, 717/1649 J c^� CD CD O 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 Fern Grounds ORGANIZATION: ADDRESS: 2375 11"' Ct SW PHONE: 772-925-1062 SUBJECT MATTER FOR DISCUSSION: Littering/trash on our roads and highways IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES xNO IS THIS AN APPEAL OF A DECISION F-1 YES Fx-1NO WHAT RESOLUTION ARE YOU Signs alerting drivers with signs stating "No Littering" ordinance#? REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? Fx YES ❑ NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: Sept 17, 2019 FACounty Admin\ExecAsst\AGENDA\Public Discussion Items Fmm.doc . 138 AM, DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of 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: I September 16, 2019 SUBJECT: Approval of Affiliation Agreement Extension between Medical Career Academy 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 September 20, 2016, Indian River County Department of Emergency Services entered into an affiliation agreement for the purposes of providing education oversight as it relates to preceptor mentoring with Medical Career Academy. The affiliation agreement allows for 3 additional one (1) year terms. Staff is requesting to renew the Affiliation Agreement for the second one (1) year term, and shall expire on September 20, 2020. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends approval of the second one (1) year extension of the Affiliation Agreement between Indian River County Emergency Services District and Medical Career Academy. ATTACHMENTS: Two Copies of the Affiliation Agreement for Execution 139 SECOND EXTENSION OF AFFILIATION AGREEMENT BETWEEN THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AND THE MEDICAL CAREER ACADEMY, INC. This Second Extension of Affiliation Agreement is entered into by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special district, whose mailing address is 4225 431d Avenue, Vero Beach, FL 32967, hereinafter COUNTY and MEDICAL CAREER ACADEMY, INC., a Florida not for profit corporation, whose new location and mailing address is 7751-1 North Military Trail, Palm Beach Gardens, FL 33410-1300, hereinafter MCA do hereby agree as follows: WHEREAS, the COUNTY and MCA entered into an Affiliation Agreement (Agreement) dated September 20, 2016, for EMT and paramedic students who attend MCA 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 MCA 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 dated September 20, 2016, is hereby extended until September 20, 2020. 3. The remaining terms of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF the COUNTY and MCA has caused these presents to be executed in their names, the day and year first above written. MEDICAL CAREER ACADEMY, INC. INDIAN RIVER. COUNTY EMERGENCY SERVICES DISTRICT in al Tina Palermo, CEO/Program Director Bob Solari, Chairman Date: Date Approved: 140 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 141