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09/10/2019 (2)
1] BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 10, 2019 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari, Chairman, District 5 Jason E. Brown, County Administrator Susan Adams, Vice Chairman, District 1 Dylan Reingold, County Attorney Joseph E. Flescher, District 2 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Peter D. O'Bryan, District 4 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Father Robert Stull, Christ Church Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Month of September, 2019, As "Hunger Action Month" Attachments: Proclamation 5.13. Presentation of Proclamation Designating September, 2019, As Attendance Awareness Month . Attachments: Proclamation 5.C. Presentation of Proclamation Designating September, 2019, As Suicide Awareness Month Attachments: Proclamation September 10, 2019 Page I of 9 S:D. Presentation of Donation to Indian River County Fire Stations of Pet Rescue Equipment Containing Oxygen Masks for Dogs and Cats by Ted Pankiewicz, Executive Director, For the Love of Paws Senior Pet Sanctuary, Inc. 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Alfred Mepham on His Retirement From Indian River County Board of County Commissioners Department of Public Works Road & Bridge with Seventeen Years of Service Attachments: Proclamation 7.13. Letter from BCC to Mayor Hill on Graves Brothers Annexation Attachments: Commissioners Memorandum Chairman's Letter 7.C. Order PSC -2019 -0360 -TRF -WS approving FPL's 2019 revisions to underground residential and commercial tariffs associated charges, effective 9/15/19; if a protest is filed within 21 days of issuance of order; tariffs to remain in effect with any charges held subject to refund pending resolution; if not timely protest, docket to be closed on issuance of a CO; protest due 9/16/19, a copy of which is on file in the Clerk to the Board Office. 7.1). Update on All Aboard Florida Expenses Attachments: Staff Report All Aboard FL Expenses 7.E. Hurricane Jeanne Closeout Attachments: Staff Report DR -1561 Hurricane Jeanne Closeout Notification 7.F. Indian River County Venue Event Calendar Review 'Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments August 2, 2019 to August 8, 2019 Attachments: Finance Department Staff Report 8.13. Checks and Electronic Payments August 9, 2019 to August 15, 2019 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments August 16, 2019 to August 22, 2019 Attachments: Finance Department Staff Report September 10, 2019 Page 2 of 9 8.D. Quarterly Investment Report for Quarter Ending 06/30/19 Attachments: Investment Committee 06302019 Report 8.E. Quarterly OPEB Trust Report for the Quarter Ending 06/30/19 Attachments: Investment Committee 06302019 OPEB Report 8.F. Subrecipient Award Contracts Attachments: Finance Department Staff Report SubRecipient Grant Agreement 2019 8.G. County Capital Asset Inventories Attachments: Finance Department Staff Report 8.H. Quarterly Tourist Development Tax Report for the Quarter Ending 06/30/19 Attachments: Finance Department Staff Report 8.I. Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal Year 2019/2020 Attachments: Blanket Authorization for Out -of -County Travel 8.J. Authorization to Attend FGFOA and GFOA Annual conferences and FGFOA School of Government Finance Attachments: County Administrator's Memorandum 8.K. Request from Carole Jean Jordan, Tax Collector, that the Indian River County Board of County Commissioners order the tax roll to be extended prior to the completion of the Value Adjustment Board hearings Attachments: Memorandum from Tax Collector Florida State Statute 197 8.L. Approval of FY 2019/2020 State Funded Subgrant Agreement To Update Indian River County's Hazards Analysis Attachments: Staff Report Budget Office Grant Form 2019-20 Hazard Analysis State -Funded Grant Agreement 8.M. Indian River County Library System Certification of Credentials for Single Library Administrative Head Attachments: Staff Report CertificationofCredentialsForm -Tracey Wehking Resume 2019 September 10, 2019 Page 3 of 9 8.N. Vero Cycling Inc. Donation of a Bicycle Repair Stand for the Trans -Florida Central Railroad Trail Attachments: Staff Report Bicycle repair station agreement and map 8.0. Hazard Mitigation Grant Program Funding Award for the Countywide Wildfire Mitigation Plan: Contract Number H0259, Project Number 4283-95-R Attachments: Staff Report CONTRACT -7-19-190 IRC Grant Form 8.P. 1066 US HWY 1, LLC's Request for Final Plat Approval for a Commercial Subdivision to be known as Shoppes at 11th Commercial Subdivision [SD -17=09-03 / 95120053-81017] Attachments: Location Map Plat Layout Staff Report 8.Q. Approval of Agreement with Florida Blue for the County's Excess Loss/Reinsurance Policy Attachments: Staff Report Self -Funded Reinsurance Renewal 2019/20 Lockton Marketing Analysis and Monte Carlo Modeler 8.R. Request for Ratification FDLE FYI JAGC Grant Attachments: Staff Report 2019-JAGC-1 Letter from FDLE dated July 23 2019 2019-JAGC-2 FY17 Certificate of Acceptance 2019-JAGC-3 FY17Certificate of Subaward 2019-JAGC-4 FY17 Special Conditions 8.5. Miscellaneous Budget Amendment 014 Attachments: Staff Report 2018 2019 Resolution Exhibit "A" 8.T. Miscellaneous Budget Amendment 015 Attachments: Staff Report Resolution Exhibit "A" September 10, 2019 Page 4 of 9 8.U. Professional Services Agreement for RFP 2019060 - FEMA Public Assistance Consulting Services Attachments: Staff Report Final Agreement 8.V. 2019/2020 State/County Contract Indian River County Health Department Attachments: Staff Report Health Dept Letter Health Department FY 19-20 contract 8.W. Sebastian Corners Roof Replacement Project, IRC -1765, Final Payment, Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 CO No. 1 Description of Itemized Changes 8.X. Award of Bid No. 2019010, 49th Street (Lindsey Road) Milling and Resurfacing from 58th Avenue (CR -613) to 31st Avenue Project, IRC -1414 Attachments: Staff Report Sample Agreement 8.Y. Sally Beauty Supply LLC - Amendment to Lease 1927 US Highway 1, Sebastian, FL 32958 Attachments: Staff Report Amendment to Lease 8.Z. Work Order No. 2018029-5 APTIM: LGFR and Immediate Post -Construction Environmental Monitoring Attachments: Staff Report APTIM Work Order No. 2018029-5 8.AA. Release of Retainage - Work Order No. 11 Morgan & Eklund, Inc. 2019 Beach Profile Monitoring Surveys (SUMMER) Attachments: Staff Report 8.BB. Declaration of 1935 43rd Avenue, Vero Beach, FL 32960 as Surplus and Authorization for Disposal Attachments: Staff Report Resolution No. 2019 - September 10, 2019 Page 5 of 9 8.CC. Property Exchange for Right -of -Way Acquisition 475 43rd Avenue SW, Vero Beach, FL 32968 - Brian R. Watson and Gayle P. Watson, husband and wife Attachments: Staff Report Real Estate Exchange Agreement 1846 -Exhibit for Watson Parcel -20190904 8.DD. Right -of -Way Acquisition - Extension of 11th Drive between 37th and 41st Streets, 120037th Street, Vero Beach, FL 32960 Owner: Indian River Surgery Properties, LLC Attachments: Staff Report Purchase Agreement Conceptual Configuration of 11th Drive 8.EE. One -Year Extension of Telecommunications Systems Equipment, Material, Supplies, Maintenance, and Installation Agreements (Bid 2017057) Attachments: Staff Report Second Extension Danella, Inc Second Extension DraftPros Second Extension Gerelcom Second Extension United Cabling Systems 8.FF. West Wabasso Phase 2 Septic to Sewer Cost Share Funding Agreement - Amendment No. 1 Attachments: Staff Report Amendment 1 to the Cost Share Agreement for West Wabasso Phase 2 Septic to Sewer Project 8.GG. Disposition of Salvaged Holman Stadium Seat Backs Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Supervisor of Elections Leslie Rossway Swan: Request to roll back grant reimbursement funds to the Supervisor of Elections budget Attachments: Grant Reimbursement 9.B. Indian River County Supervisor of Elections Leslie Rossway Swan: Request to relocate two polling locations into Christ Church Vero Beach Attachments: Polling Place Changes 10. PUBLIC ITEMS A. PUBLIC HEARINGS September 10, 2019 Page 6 of 9 10.A.1. Vero Beach Country Club's Request for Major Site Plan and Special Exception Use Approval for a Fitness Center, Pool, Tiki Bar and Snack Bar [SP -SE -19-07-21 / 99060083-84339] Quasi -Judicial Attachments: Staff Report Draft August 8, 2019 P & Z Minutes Location Map Aerial Site Plan Landscape Plan B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Anthony W. "Tony" Young Regarding Bridge to Veterans Memorial Island Sanctuary Attachments: Request to Speak Form C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for September 17, 2019: County Initiated Request to Amend (Update) the Text of the Capital Improvement and Transportation Elements of the County's Comprehensive Plan (Legislative) Attachments: Staff Report 10.C.2. Public Notice of Public Hearing Scheduled for September 17, 2019 - (Legislative) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. Hurricane Dorian Update Attachments: Hurricane Dorian Update 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 September 10, 2019 Page 7 of 9 F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS B.A. Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements from Paul and Rennie Thompson - 7125 66th Avenue Attachments: Staff Report Exhibit "A" Aerial Photo of Thompson Parcel Exhibit "B" Sketch and Photo of Right Of Way Exhibit "C" Sketch and Description of O'Neal Property Exhibit "D" Sketch and Description of Hernandez Property Exhibit "E" Agreement to Purchase and Sell 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher 14.C.1. Discussion on county support for maintenance and repairs on the bridge to Memorial Island Attachments: Commissioners Memorandum D. Commissioner Peter D. O'Bryan 14.D.1. Releasing a Demolition Lien Attachments: Commissioners Memo Release of Lien Form E. Commissioner Tim Zorc Commissioners Open Dialogue .A. Commissioners Open Dialogue Attachments: Commissioners Open Dialogue 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.11.1. Twelfth Amendment to Republic Services Attachments: Staff Report Twelfth Amendment to Republic Services September 10, 2019 Page 8 of 9 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 Boalrd 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 i48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours I in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircaov.com The full agenda is also available for review in the Board of County Commission i ffice, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 ,Noon to 5:00 p.m. September 10, 2019 1 Page 9 of 9 !!A PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 2019, AS "HUNGER ACTION MONTH" WHEREAS, hunger and poverty remain issues of grave concern in the United States, the State of Florida, and the Treasure Coast, with 24,616 children and adults in Indian River County now categorized as food insecure; and WHEREAS, Indian River County is committed !to taking steps to raise awareness about the need to combat hunger in every part of our County and to support efforts to serve the needs of Indian River County citizens; and WHEREAS, Indian River County is committed to working with the Treasure Coast Food Bank in educating people about the role and importance of food banks and other hunger relief organizations in addressing hunger and bringing attention to the need to devote more resources and attention to hunger issues; and WHEREAS, food banks and hunger relief organizations across the country, including the Treasure Coast Food Bank, are coordinating Hunger Action Day on September 12, 2019 and will continue to host numerous events throughout the month of September to shed light on this important issue and encourage involvement in efforts to end hunger in our local communities. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of September, 2019, be designated as "Hunger Action Month" in Indian River County and the Board encourages all citizens to exercise observance. Adopted this 10th day of September, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman I Peter D. O Bryan Joseph E. Flescher Tim Zorc 1 OR PROCLAMATION DESIGNATING SEPTEMBER, 2019, AS ATTENDANCE AWARENESS MONTH WHEREAS, chronic absences — missing 10 percent or more of school for any reason including excused and unexcused absences, or just two or three days a month — is a proven predictor of academic trouble and dropout rates; and WHEREAS, improving attendance and reducing chronic absences takes commitment, collaboration, and tailored approaches to particular challenges and strengths in each community; and WHEREAS, chronic absences predict course failure, eventual dropout; and it weakens our communities and our local economy; and WHEREAS, schools and community partners can reach out more frequently to absent students to determine why they are missing school and what would help them attend more regularly; and WHEREAS, chronic absences can be significantly reduced when schools, parents, and communities work together to monitor and promote good attendance and address hurdles that keep children from getting to school. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board designates the month of September, 2019 as "Attendance Awareness Month". The Board urges the community to commit to focusing on reducing chronic absenteeism to give all children an equitable opportunity to learn, grow, and thrive academically, emotionally, and socially. Adopted this 10th day of September, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc 2 S�,, PROCLAMATION DESIGNATING SEPTEMBER, 2019 AS SUICIDE AWARENESS MONTH WHEREAS, September is National Suicide Prevention Awareness Month, which directs the public's attention to this public health epidemic that ! is destroying lives, families and even whole communities; and, WHEREAS, suicide is the second leading cause'of.death in the U.S. among individuals age 10 to. 34 -years -old; and, WHEREAS, suicide is the fourth leading cause of death among individuals between the ages of 35 and 54; and, WHEREAS, suicide is the tenth leading: cause Iof death overall in the U.S., claiming the lives of over 47,000 people annually; and, WHEREAS, suicide is an epidemic that may co; occur with depression; and depression is being linked in more than 50 percent of suicides; and, WHEREAS, on average, there are 129 suicides la day or 1 every 11.11 minutes. In Indian River County, there were 31 suicides in 2018; and WHEREAS, suicide is the only death that is 100% preventable. By offering the public education, data, support, and services that are available 24 hours la day, 7 days a week, we as a community have taken a step toward preventing another suicide by our residents; and, WHEREAS, we as a community are encouraged to be part of the healing process and we support services addressing suicide prevention. I NOW, THEREFORE, BE IT PROCLAIMED BY. THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that September, 2019, be designated as SUICIDE AWARENESS MONTH in the County of Indian River, Florida and ask all residents to learn how they may help, because suicide prevention is everyone's business. Adopted this 10th day of September, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc K NW NEW HORIZONS Of THE TREASURE COAST AND OKEECHOBEE' 5c" �9'ti . - NEW JHIMORIZONS RACE FOR RECOVERY RACE FOR RECOVERY 5K RUN/WALK OR ONE MILE WALK September 28, 2019 Registration 6:30 am - Race begins at 7:30 am Indian River State College Pruitt Campus 500 NW California Blvd. Port St. Lucie FAMILY FRIENDLY EVENT Children's activities Strollers welcome Is REGISTER TODAY! / Your support and \ /participation will help to provide care for individuals in our community who are on the road to recovery from mental health and \ substance abuse. $25 in advance `--- $35 on race day T Shirts included in registration through September 17th Runsignup.com/Race/FL/PortStLucie/NewHorizonsRaceforRecovery Visit nhtcinc.org/events or Call (772) 696-2729 for assistance ® GREAT PRIZES! Duffy's gift cards for top finishers overall, masters & walkers Medals for each 5 -year age group 5K finishers Drawing for tickets to the Sunrise Theatre ' £\ - } -p9 ... `� . . . _. . e)�a . 3-3 d a 0 'fi 1�f •� moi/ ,�1 �'1/x- S e aj'1' � t •j rf r, m w h 4, qr- xlil�l- Ilk . It m * r 11 ri Ll For The" Love Of Paws byl: Hunter P -n eai lam dollng her d,r-,- m. when I�M, MIN I missher. I lovue her, 'n F am dol'. g her drearn. PublhOW', 20,18 Rising -Stars Collectic 1 5 -ID I bet: vve open her heart', when. we fulfill.her dre o am I missher. I lovue her, 'n F am dol'. g her drearn. PublhOW', 20,18 Rising -Stars Collectic 1 5 -ID W - AM ` ANF III -, Ii i ` 4 3. f1 CD v. W PROCLAMATION HONORING ALFRED MEPHAM ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS / ROAD & BRIDGE DIVISION. WHEREAS, Alfred Mepham retires from the Indian River County Department of Public Works, Road & Bridge Division effective August 30, 2019; and WHEREAS, Alfred Mepham began his career with Indian River County on August 5, 2002, as an Heavy Equipment Operator and he continued in that capacity until his retirement; and WHEREAS, Alfred Mepham has gained the respect and admiration of his colleagues, co-workers and citizens within the County and his work is greatly appreciated. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Alfred Mepham's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last seventeen years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 101 day of September, 2019.. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman 4 Iff September 10, 2019 Item No. INDIAN RIVER COUNTY BOARD: OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 19, 2019 SUBJECT: Letter to City of Sebastian Mayor Hill, re: Graves Brothers Annexation FROM: Bob Solari Commissioner, District 5 As discussed at the Metropolitan Planning Organization a letter was written and to the City of Sebastian, Mayor Jim Hill, asking for a Petition for Voluntary Annexation- Graves Brothers. 3 Bob Solari Chairman District 5 Susan Adams Vice Chairman District 1 August 14, 2019 Via email Mayor Jim Hill City of Sebastian 1225 Main Street Sebastian, FL 32958 Joseph E. Flescher District 2 Tim Zorc District 3 Peter D. O'Bryan District 4 RE: Ordinance 0-19-04 - Petition for Voluntary Annexation - Graves Brothers Company Mayor Hill, On Monday, the Metropolitan Planning Organization had a productive conversation focused on the transportation issues relating.to the proposed Graves Brothers Company annexation. Yesterday, the Indian River County Board of County Commissioners discussed the annexation and expressed concerns with the transportation and utility issues pertaining to the proposed annexation. Based upon these discussions, it appears that there is an opportunity.to craft an annexation agreement between the City of Sebastian and the Graves Brothers that more fully addresses key issues such as transportation, utilities, and the relationship with the Sebastian River Improvement District which have not been adequately addressed to the benefit of both parties and importantly the citizens of Sebastian and Indian River County. On behalf of the Indian River County Board of County Commissioners, I respectfully request that the City Council of the City of Sebastian table making any decision on the annexation on August 28th. We would hope that the City Council would consider adopting an annexation agreement that could both address these issues and memorialize the framework for the annexation while at the same time gain the support of the community. The proposed annexation has the potential to change the future makeup of the City of Sebastian. We believe it is best to take the time to make sure that these changes will be a benefit for the. current and future residents of Sebastian and Indian River County as a whole. Sincerely, Bob Solari Chair of the Indian River County Board of County Commissioners CC: Indian River County Board of County Commissioners Jason E. Brown, County Administrator 6 .-T12, t--iIc- No= tq- OgQ-; FILED 8/26/2019 DOCUMENT NO. 08416-2019 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of 2019 revisions to DOCKET NO. 20190081 -EI underground residential and commercial ORDER NO. PSC -2019 -0360 -TRF -EI differential tariffs, by Florida Power & Light ISSUED: August 26, 2019 Company. The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE L BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY ORDER APPROVING 2019 REVISIONS TO UNDERGROUND RESIDENTIAL AND COMMERCIAL TARIFFS BY FLORIDA POWER & LIGHT COMPANY BY THE COMMISSION: Background On April 1, 2019, Florida Power & Light Company (FPL or utility) filed a petition for approval of revisions to its underground residential differential (URD) and underground commercial differential (UCD) tariffs. The URD and UCD tariffs apply to new residential and commercial developments and represent the additional costs, if any, FPL incurs to provide underground distribution service in place of overhead service. Based on current cost, including long term operational cost, FPL does not incur any additional costs to provide residential underground service; therefore, the proposed URD differentials are $0. The proposed (legislative version) URD and UCD tariffs are contained in Attachments A and B. We approved FPL's current URD and UCD tariffs by Order No. PSC -16 -0424 -TRF -EI.' We suspended FPL's proposed tariffs in Order No. PSC-2019-0211-PCO-EI.2 FPL responded to Commission staff s first data request on May 31, 2019 and filed a revised response to Commission staffs second data request No. 6 on July 2, 2019. We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06, Florida Statutes (F.S.). 'Order No. PSC -16 -0424 -TRF -EI, issued October 3, 2016, in Docket No. 160071 -EI, In re: Petition for approval of 2016 revisions to underground residential and commercial differential tariffs, by Fltir'ida Power & Light Company, 2 Order No. PSC -2019 -0211 -PCO -EI, issued June 3, 2019, in Docket No. 20190081 -EI, In re: Petition for approval of 2019 revisions to underground residential and commercial differential tariffs, by Florida Power & Light Company. Irq`6-1 ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081 -EI PAGE 2 Decision Rule 25-6.078, Florida Administrative Code (F.A.C.), defines investor-owned utilities' (IOU) responsibilities for, filing updated URD tariffs. FPL has fled t)le instant petition pursuant to subsection (3) of the rule, which requires IOUs to file supporting data and analyses for URD tariffs at least once every three years. The URD tariffs provide charges for underground service in new residential subdivisions and represent the additional costs, if any, the utility incurs to provide underground service in place of overhead service. The cost of standard overhead construction is recovered through base rates from all ratepayers. In lieu of overhead construction, customers have the option of requesting underground facilities. Any additional cost is paid by the customer as contribution -in - aid -of construction (CIAC). Typically, the URD customer is the developer of a subdivision. Traditionally, three standard model subdivision designs have been the basis upon which each IOU submits URD tariff changes for Commission approval: low density, high density, and a high density subdivision where dwelling units take service at ganged meter pedestals (groups of meters at the same physical location). Examples of this last subdivision type include mobile home and recreational vehicle parks. While actual construction may differ from the model subdivisions, the model subdivisions are designed to reflect average, overhead and underground subdivisions. Costs for underground construction have historically been higher for standard overhead construction and the additional cost is paid by the customer as a CIRC. In FPL's 2016 underground differential tariff, the cost differential was zero for ganged meters and some tiers of the low and high density subdivisions. As shown on Table 1, FPL's .proposed URD differential charges are now $0 for all three subdivision models. Therefore, the URD customer will not be assessed a CIAC charge for requesting underground service in a new residential subdivision. FPL explained that the decrease in the differentials, for some subdivision tiers, is primarily attributable to changes in operational costs as discussed in more detail in the section of the recommendation titled operational costs. Table 1 shows the current and proposed URD differentials for the low density, high density, and ganged meter. subdivisions. ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081 -EI PAGE 3 Table 1 Com arison of Differential Per Service Lateral Types of Subdivision Number of Service Laterals in Subdivision Current URD Differential Proposed URD Differential Low Density Tier 1 — 200 or more $0 $0 Tier 2 — 85 — 199 $183.35 $0 Tier 3 — less than 85 $266.35 $0 High Density Tier 1 — 300 or more $0 $0 Tier 2 — 100-299 $0 $0 Tier 3 — less than 100 $57.97 $0 Ganged Meter All Tiers $0 $0 Source: 2016 order and FPL's 2019.filing The calculations of the proposed URD charges include (1) updated labor and material costs along with the associated loading factors and (2) operational costs. These costs are discussed below. Labor and Material Costs The installation costs of both underground and overhead facilities include the labor and material costs to provide primary, secondary, and service distribution lines as well as transformers. The costs of poles are specific to overhead service while the costs of trenching and backfilling are specific to underground service. The utilities are required, by Rule 25-6.078(5) F.A.C., to use current labor and material costs. FPL explained that generally the majority of overhead and underground material and labor costs have increased. since 2016. With respect to labor costs, the cost of underground labor increased at a higher rate than it increased for overhead labor. FPL stated that contractual arrangements driven by market conditions determine the labor rates for both FPL employees and contractors. Table 2 provides the labor and material differential, or pre -operational, costs. As Table 2 shows, only the low density cost differential of $210.53 is a positive number, indicating that underground labor/material costs are higher than overhead labor/material costs for the low density subdivision. For the high density and ganged meter subdivisions, overhead labor/material costs are higher than underground labor/material costs. K ?-q. &-3 ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081 -EI PAGE 4 Table 2 Labor and Material Costs (Pre -operational Costs) Low Density 2016 Costs 20M.Costs Difference Underground labor/material costs $2,413.84 $2,558.39 $144.55 Overhead labor/material costs $2,272.49 $2,347.86 $75.37 Per service lateral differential $141.35 $210.53 $69.18 High Density Underground labor/material costs $1,640.45 $1,767.54 $127.09 Overhead labor/material costs $1,691.48 $1,773.71 $82.23 Per service lateral differential ($51.03) ($6.17) ($44.86) Ganged Meter Underground labor/material costs $1,051.82 $1,12;5.49 $73.67 Overhead labor/material costs $1,344.17 $1,397.83 $53.66 Per service lateral differential ($292.35) ($272.34) ($20.01) Source: 2016 Order and FPL's 2019 filing Operational Costs Rule 25-6.078, F.A.C., requires that the differences in net present value of operational costs between overhead and underground systems, including average historical storm restoration costs over the life of the facilities, be included in the URD charge. The non -storm operational costs represent the cost differential between maintaining.and operating an underground versus an overhead system over the life of the facilities. The storm cost component represents storm restoration costs avoided when an area is undergrounded, thereby reducing the cost to restore an overhead system. The avoided storm cost is subtracted from pre -operational and non -storm operational costs, thus reducing the URD differential charge. FPL's methodology to calculate the operational costs was approved in Order No. PSC-08-0774-TRF-El3 and remains the same in the instant docket. Non -storm Operational Costs FPL's operational costs for an overhead system are higher than the operational cost for an underground system, resulting in a negative number as shown in Column B in Table 3. For the low density subdivision, for example, the operational cost differential in 2016 was $208 (indicating that underground operational costs were higher than overhead operational costs). As shown in Table 3, the operational cost differential for the low density subdivision is now -$2,103. FPL explained that the primary reason for this change in operational cost is the increase in overhead operational costs as a result of FPL's increased capital investments associated with its distribution storm hardening initiatives. The utility used a 5 -year average of historical operational costs (2014-2018) for its calculations in this docket. 3 Order No. PSC -08 -0774 -TRF -EI, issued November 24, 2008, in Docket No. 070231 -EI, In re: Petition for approval of 2007 revisions to underground residential and commercial distribution, tariff, by Florida Power & Light Company. ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081 -El PAGE 5 Storm Restoration Costs FPL explained that the 2016 and 2017 hurricane season significantly increased the avoided storm restoration,cost impacts. Specifically, FPL stated that the utility incorporated more than $1.5 billion in overhead storm restoration costs for hurricanes Matthew, Hermine, and Irma. Therefore, the amount representing avoided storm restoration costs increased significantly from 2016. Table 3 presents the pre -operational, non -storm operational, and the avoided storm restoration cost differentials between overhead and underground' systems. The proposed differential is $0 when the calculation results in a negative number. Table 3 Components of the URD Charles Source: FPL's 2019 Filing A review of FPL's proposed URD tariffs and associated charges, its accompanying work papers, and its responses to Commission staff's data requests supporta finding that the proposed URD tariffs and associated charges are reasonable. We approve FPL's request that the URD tariffs and associated charges be made effective 30 days with an effective date of September 5, 2019. Underground Commercial Differential Tariffs Utilities are not required to file UCD tariffs pursuant to Rule 25-6.078, F.A.C.; however, as in prior URD petitions, FPL included proposed UCD tariffs in its petition. The UCD tariffs apply to small commercial or industrial customers (applicant) that request the installation of underground electric distribution facilities for a new building. The requested underground (-,Pq. L, - 9 Pre- Non -storm Proposed Number of Service Operational Operational Avoided URD Type of Laterals in Costs costs Storm costs Differentials Subdivision Subdivision A B C) (A)+(B)+(C Low Density Tier 1 — 200 or more $210.53 ($2,103) ($827) $0 Tier 2 — 85 — 199 ($2,103). ($331) $0 Tier 3 — less than 85 ($2,103) ($165) $0 Tier 1 — 300 or more ($1,796) ($827) $0 High Density $0.00 Tier 2 — 100 —299 ($1,796) ($331) $0 Tier 3 — less than 100 ($1,796) ($165) $0 Tier 1 — 300 or more ($1,796) ($827) $0 Ganged Meter $0.00 Tier 2 — 100 — 299 ($1,796) ($331) $0 Tier 3 — less than ($1,796) - ($165) $0 100 Source: FPL's 2019 Filing A review of FPL's proposed URD tariffs and associated charges, its accompanying work papers, and its responses to Commission staff's data requests supporta finding that the proposed URD tariffs and associated charges are reasonable. We approve FPL's request that the URD tariffs and associated charges be made effective 30 days with an effective date of September 5, 2019. Underground Commercial Differential Tariffs Utilities are not required to file UCD tariffs pursuant to Rule 25-6.078, F.A.C.; however, as in prior URD petitions, FPL included proposed UCD tariffs in its petition. The UCD tariffs apply to small commercial or industrial customers (applicant) that request the installation of underground electric distribution facilities for a new building. The requested underground (-,Pq. L, - 9 ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 2019008 1 -EI PAGE 6 distribution facilities consist of underground service conductors, .placed in conduit, and associated equipment that is installed from overhead feeder mains (or overhead termination point) to the designed point of delivery (where the utility's wires are connected to those of the customer). The UCD charges represent the differential costs for underground commercial facilities and their equivalent overhead design. The calculations provided by FPL in its petition employ FPL's standard engineering design criteria and are based on actual 2018 labor and material costs. Unlike the URD calculations, the UCD calculations do not include,.19ng term operational and avoided storm restoration costs. In addition, the UCD tariffs provide credits that apply if the applicant provides trenching, backfilling, or installs FPL provided conduit or a concrete pad for a pad -mounted transformer. FPL explained that including cost -based UCD charges in its tariff provides clarity to customers and FPL's field employees regarding the costs for commercial underground distribution facilities. We find that FPL's proposed UCD tariffs and associated charges as reflected in Attachment B are cost based and reasonable. FPL's proposed UCD tariffs and associated charges are hereby approved and they will be effective 30 days after our vote., Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's proposed URD tariffs and associated charges as shown in Attachment A are approved effective September 5, 2019. It is further ORDERED that the utility's proposed UCD tariffs and associated charges as shown in Attachment B, are approved effective September 5, 2019. It is further' ORDERED that if a protest is filed within 21 days of issuance of the Order, the tariffs shall remain in effect with any charges held subject to refund pending resolution of the protest. It is further ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance of a Consummating Order. K 't �"? , �, - �, ORDER NO, PSC -2019 -0360 -TRF -El DOCKET NO. 20190081 -El PAGE 7 WLT By ORDER of the Florida Public Service Commission this 26th day of Awyzust, 2019. Ar C MAN C I is ion le ol� _,t -nission 1c,la I I Ic, �t. F1 Se " ce Comi 2540 Shuniard Oak Boulevard Tallahassee, Fl6rida')2399 (8,50) 413-6770; w,xwAoridapsc.corn Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OI: FURTHER PROCEEDINGS Tile Florida Public Service Commission is required by Section 120.569(l), Florida Statutes. to notify parties of any administrative hearing or Judicial review of'Cointilission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as xvell as the procedures and time limits that apply, This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case -by -ease basis. iff iriediation is conducted, it does not affect a substantially interested person's right to a hearing. The Commission's decision oil this tariff i$ interim in nature and Will become fmal, unless a person whose substantial interests are affected by the proposed action files a petition for a :formal proceeding., in the form provided by Rule 28-106.201, Florida Administrative Code. This petition most. be received by the Office of Commission Clerk, 2540 Shurriard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close cit' business oil September 1..6, 2019. In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ( -P ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081 -El PAGE 8 Attachment A Page 1 of 7 Twenty-SkO Seventh Revised Sbect'Nn, 6.095 FLORIDA POWER & LIGHT COMPANY Cancels Twenty-Fiftl Sl%th Revised Shect'No. 6.095 (Continued firm Sheet No. 6.090) 10.2.9,15 If the Applicant installs the permanentelectricservice entrance such that HL''s-service lateralcanbe subsequently installed and utilized to provide that building's construction service, the Applicant shall receive a credit in the amount of $64M70_taper se vice. lateral, subject to the following requiintincntg: a) 'fIJGs must be inspected and approved by the local inspecting authority. b). All service laterals within the subdivision must be installed as'TUGs. c) U111, must lie able to install the service latemi, enctgi7t die service lateral, And set die meter to energize lite load side of the meter can, all in a single trip. Subsequent visits other thiin routine maintenance or meter readings will void the credit. d) 'I'hcrcatlei, acceptance and receipt of service by the Customer shall constihde certificnticn that the Customer has met all inspection requirements, complied with till applicable codes and rales and, subject to section 2,7Indemnity to Company, or section 2.71 Indemnity to Company-- (Governmental, FPL's General Rules and Regulations, the Customer releases, holds harinless and agrees to indemnify the Company from anti against loss or liability in connection with the provision o€electrical services to or through such Customer -owned electrical installations. e) The Applicant shall be held responsible for all electric service used untWthe account is established in the succeeding occupant's name. This credit applies only when ITL installs the service - it does not apply when the applicant installs the service conduits, or the service conduits and cable. 10.2.9. Location ofokh-Amtion Facilities Underground distribution facit.itics will be located, as determined by rte Company, to maximize their accessibility for maintenance and operation. The Applicant shall provide accessible locations for meters when the design of a dwelling unit or its appurtcnaaices limits perpetual accessibility for reading, testing, or mnlcing necessary repairs and adjustments. 10.2.10. Special C:onditiotrs The costar quotcd in these rules are based on conditions which permit. employment of rapid construction techniques. The Applicant shall be responsible for necessary additional hand digging expenses other than what is annually provided by the Company. The Applicant is responsible for clearing, compacting, boulder and large rock removal, stump removal, pavin., and addressing other special conditions. Should pavhtg, grass, landscaping or sprinkler systems be installed prior to the construction of die underground distribution facilities, the Applicant shall pay the added costs of trenching and baokfilling and he responsible for restoration of property damaged to accommodate the installation ofunderground facilities. 10.2.11. pgiigofTJcliviiry Tile point of delivery shall be detcnniocd by.the Company and will normally be at,or near the Imt i of the building nearest the point at which the secondary chxnie supply is available to- the property_ When a location for a point of delivery different from Unit designated by the Company is requested by the Applicant, and approved by the Company, the Applicant shall pay the estimated foil cost ofservice lateral length, including labor and materials, required in excess of that which would have been needed to reach the Company's designated point of service. The additional cost per trench foot is $a 30 1, Whcrc nn existing; trench is utilized, the additional cost per trench foot is V-79.1,40. Where the. Applicant provides the trenching, installs Company provided conduit according to Company specifications and hadcfillinp, the cost per additional trench foot is $3:02 ?J`i� Any reAcsigriation requested by die Applicant shall cunfonn to good safety and construction practice's as determined by the Company. Service latcrais shall he Installed, where possible, in a direct line to the point of delivery. (Continued oilSihect No. 6,096) Usued by: �"AtomioTiffar� ' C tt hear, Director, Rates and Tariffs Fft'ectivct 00aber-14110446 M ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081 -EI PAGE 9 SECfiON'10.3'UNDERGROUND DIS '11111fUT'ION F,ACHAT'ILS FOR RESIDENTIAL StIBDIVISIONS AND DEVELOPA'U4NTS Attachment A Page 2 of 7 Revised Sheet No. 6.100 10:3.1. ,Llv_rlil•i ilii When req ieWd.by the Applicant, the Company will provide undergimud decide distribution, facilities, other than for multiple occupancy Wildirips, in accodancewlth its slandaid practices in: of RccognFiud new residential subdivisiorof five ar ilea building Pols. b) Tincts trf linuf upon which five or rano setxunte dwcliilrg utiiis arc to be located. For residential buildings containing live or more dwelling units, see SECTION 10.6 ufthesc Rules. 10.3.2. Contribution byAptslicau a) Mie Applicant shall pay the Company die average differential cost for single phase residential underground distribution service based on the namber of service'latcrals required or die number oi'dur0ing units, as follows: ` Applicant's co—MO—U6011 1. Wicre density is 6.0 or more dwelling units per acre: 1. 1, lln ildi ngs that do not exceed fan r un it% towdouses, aril mobile homes—ter suivice lateral. 1. Subdivisions witli 300 or mote total service literals S 0.00 2, Subdivisions from 100 to 299 total service latcraL% S 0.00 3,,Subdivisions.icss than 109 total service laterals S U h'fOtrile 110nt1'a 11aVltlg cils[Ofl1aF.OwnOd SClv1CCS fl'Om tnelef center installed adjacent to ilia FPi. primary trench ueute per dwdting unit. 1. Subdivisions- with 300 of marc totabdwdlurg units S 0.00 2. Subdivisions f]'Oln 100 to 299 total dwelling units $ 0,00 3. Subdivisions less than 100 total dwelling units S 0.00 2. Where density is O.S or gieatcr, lint less than 6.0 dwelling units per acral Buildings that do Int exceed four units, . townhouses, and mobile hntrtes--. per service lateral 1. Subdivisions with 200 or more total service laterals $ 0.00 2. Subdivisions tient 85 to 199 total sen1ce laterals S 4.zaylA0 3. Subdivisions less than 85 louit servlet laterals S 3. Where die duisi(y is loss than 0.5 dwelling units per acre, ur the Disbibution System is of not-sFturdatd design, individual eostestimates wili:bc used to determine the dillereotial cult as specified in Fangtnph 10.2.5, Additiititnl chaigesspecifed inI'arngrephs 10.2,10 std 10.2.11 w:0' also apply, b) 'flit she" costs are based upon arrangements that will permit semiull the heal mtdergmond distribution .system w'ttltin the subdivision l'mui ovubcad feeder main.: it'fecdcr mains within the subdivision at deemed necessary by the Company to provide And/or maintain adbttuate .service acrd are required by the .Applicant or it governmental agaiicy to be installed underground, the Applica it shall pay the Company the average differential costbetween such underground feeder mains within the subdivision and equivalent overhead feeder mains, as follows: Applicant's Cost per foot of fecder trench within the subdivision (excluding switches) S94 -111L.09. Inst Ivi,ilis,},L}:i+,�v,l,p, itiny nilid shvitch package. rr??g300,a3,S;!$,71fi^R4 (Continued on Sheet No. 6,110) Issued by: S 9 Reittig3 ffanv Cotten, Dit•ector, [fates and Tariffs Effective; 4kujlieF44r441Ci (-?,. (,- 9 ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081 -EI PAGE 10 FLORIDA POWER & LIGHT COMPANY Attachment A Page 3 of 7 'rhir(y-Fi isiath Revised Sheet No. 6.110 Cancels Thirty-Fxw44Fiffh Revised Sheet. No. 6.110 (Continued from Sheet No. 6.100) c) Where primary, laterals are needed to cross open areas such as gol.rcources, parks, other recce trioti aicas and water retention areas; the Applicant shall pay tile average diifcrential costs for these facilities as follows: Cost per foot of primary lateral trench within the subdivision 1) Single Phase • per foot 2) Two Phase: per €ooh 3) Tlirce Phase - per foot $4.38Q2]Q' d) For requests for service where underground facilities to the lot line are existing and a differential chaige was previously paid for these Acilitles, the cast to ingtall an underground service lateral to the meter is as follows: Density less than 6.0 dwelling units per acre: $? 9 R31hR_ T6 Density 6.0 or greater dwelling units per acre: 10.3;3. Contribution Adjuslntenls a) Credits will be allowed.to rbc Applicant's conhibotiatt in Section ,10.3:2.whete, by mutual agreement, (lie Applicant provides all trenching and backfilling for the Company's distribution system, excluding feeder. Cicdit to Applicant's Contribution 1, Where density is 6,0 or (rore dwelling units per acre: Backbone Service 1.1 .Buildings that do tint exceed four units, townhouses, and rnobile homes per service lateral, $14446124,32 $1-66;39-1A .00 1.2 Mobile homes having Customer -owned services from mctcrcenter installed adjacent to the FPL primary trench route - per dwt fling unit, SQ ,' 144.16 N/A 2. Where density is M or greater, but less Than 6.0 dwelling units iter acre: Buildings that do not exceed four units, townhouses, and mobile Monies persetvicclateral $34a,1162iR,7i $3!1333256.20 b) CrediL% will be allowed to the Applicant's contribution in Section .10.3.2.where, by muhtal agreement, the Applicant installs all Company -provided conduit excinding feeder per PPI.. instructions. This credit is: f. Where density is 6.0 or more dwelling units per acre: Backbone Service 1.1 Doildings tliat do not exceed fouriinits, toulnhouses, turd mobile homes -persclvicelateral. $6?.! M.554 $il114056_09 (Continued on Sheet No. 6.115) Issued by: -8 44,,Roolik 1'lffali5' (n11Ct1, Diiector, Rates and Tariffs Effective: Oeeiaibe*-[3 ,2#1.6 ('-Rq,(Q-to ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO, 20190081 -EI PAGE 11 FLORIDA POWER & LIGHT COAVANY Attachment A Page 4 of 7 Twenty-ThbdFourth Revised Sheet No. 6.115 tZattcels Twenty3ec+n>E1Tliiril Revised Sheet No. 6.115 (Continued fiom Sheet No, 6.110) Credit to Applicant's Contribution 'Backbone Service i h2 Mobile homes having Customer -owned 1 services from meter center installed adjacent to the :FPL primary trench mute - per dwelling unit. X50:6-}59.15 NIA i 2. W here ttensity is .5 or greater, but icss than 6.4 dwelling units per acre, per scivice lateral. Suis tai IG:25 $59kOlR.71 j -- I c) Credits will be allowed to the Applicant's contr•ibufion in.Section 10.3.2, where, by mutual agrectn.ent, die Applicant prnvides a lmrtion of trenching and backfilling fo the Company's facilities, per foot of trench - $3,.3"-07. d) .Credits will be allowed to die Applicant's conitibution in section 10:3:2: where, by 4nutual agreement, the Applicant ibstalis.a potCiotl of`Conpany-proyidtvi 1'(,conduit, perV111, instructions (per foot of conduit): 2" P1.rC-$OG90:70•targn•ttiau 2"pVC-$il'.fi4:t}:§R: , e) Credit will be allowed rn the Applicant`s contribution in section 103.2., where, by nnitual agreement, the Applicanlinstails all VVI-providcd feeder splice box, per' FPL instructions, per box- $641-74;97 Credit will lie allowed to die Applicant's contribution in section 10.3.1, where by nnitual agreement, the Applicant inslalls art T?PT provided primarysplice box, per FPL hisirucVons, per txix • C 3 272.OS_ g) Credit will ,he. allowed to (lie Applicines conh'ibution in section 103.2., where,',by mutual agreement, the Applicant ipstalls.an 11111-pioyidpd secondary lmndliole, per FPL instructions, per bandhole: 17" handholc - $2h,6A�VL2t1 24" or 30" handholc.- $64-4171_52. ii) Credit will be allowed to the Applicants Contribution in section 10.3.2., where, by mutuRl agreement, the Applicant instaUs. au FPL -provided concrete pad for a pad-inoaned transfonicr or capacitor batik, per FP,L instructions; per pad - $641 118 7012. i) Credit will he allowed to the Applicant's contribution in Section. 103.2:, where, by mutual agreement, the Applicant installs a,portiun of Corupany-provided flexible TTDPF: nnduit, per TPT;. ins(TtcctiolfS (per foot of o oduit): j) Credit will be allowed to die Applicant's contribution ht Section 10.3.2,; where, by irnttual agreement, Che Applicant installs an FPL -provided concrete pad and cable charnber for a pad-moupted feeder switch, per pad and cable chamber -$36-3-{_5:660.,48. Issued by; fi-t`:=t3aWgTifl'aity Cohen, Director, Rates and Tariffs Effective: O w aber-1:i,4W ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081 -EI PAGE 12 MORIDA POWER .& LIGHT COMPANY Attachment A Page 5 of 7 i'J�irly IytYliSicitt Revised Sheet No. 4.120 Cnnreis Thdi- y- F+xsrlJ(t?ifill .Revised Slii et No. 6.120 SECTION 10.4 UNDERGROUND SERVICE LATERAI. S FROM OVER111:AD FlJK( l'RW DISTRIBUTION SYSTFMS 10.4.1. New Underground Service Laterals Whon requested by the Applicant, the C'.nmpany will install underground service laterals from overhead systerns to newly constructed residential buildings containing less than five separate dwelling units. 10.4.2. Contribution by Atinl cant a) •llre Applicant shall pay tate Company the following differential cost between un ovc:`hcad service and an underground service lateral, as follows: Applicant's (.'.ontributio r I. Ibr any density; Buildings that do not exceed four units, townhouses, and mobile homes a) per service lateral (includes service riser installation) S693�247ffi_4Q b) pea service lateial'(fioni existing handhole or PM TX) $3 ttSC 83.�93.7t 2. Por atiy(ten,ity, tlrc Coniix+ny will provide n -riser to a handhole at the base of a ,hole 5793':447b 7.33 Additional charges specified in Paragraphs .10.3.10 and 10.2.11 may also apply. Uudcrgmu» d service or. secondary extensions beyond thc, boundaries of the property being served will be subject to additional differcutial costs as determined try individual cost estimates. 10,4.3. Conujbutioa Adiuslnicntc a) Credit will he allowed to the Applicant's con'tribu(ion in Section 10.4.2 where, by mutual a ecincnt, the Applicant irrovides trenching and backfilling for the Company's facilities, This credit is: CreditTo Applicant's Contribution 1. por.any density; Buildings that do not exceed :rhtjr units, townhooses, and mobile hnrnes - per foot &Fk 4.07 (Cmtinued on Sheet No. 0.125) fesucdliy: fik1;<-iitinti�i"iffnn�'ralictr,Dit•ectoriltatesand't:Yriffs Effective; Qc44bc4-435,2414 "Pq'. (,- ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081 -EI PAGE 13 Attachment A Page 6 of 7 Twenty-F4#,M one H,eviOd Sheet No, 6.125 FLORIDA POWER & LIGHT COMPANY Cancels Tweiv+etli'tVeot..y<M•st Rovt,9ed Sbeet No. 6.125 "?,q, tp - ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081_EI PAGE 14 RU)RIDA POWER d LIGHT COMPANY Attachment A Page 7 of 7 'IIlrty-Sado*; trier Revised Sh&INo.6.130 Cancels lliii ty tvi sEAeeonci ,Revised Shret No. 6.130 SECTION 10.5 UNDERGROUND S16RVICE 1.A•r(,RAIS REPLACING Cxls'rINGRISIDENIJAL O RIINADANDUNDERGROUNDSE.RVICES 10.5.1. App ivahility When requested by the Applicant, the Company will install underground service laterals t'mn cAstuig systenns as replacements for existing overhead mid underground services to existing residential buildings containing less than five individual dwell ling units, 10:5.?.. RCnrCA-00$ement ot'�avice L�ntignce The Applicant shall be responsible for any necessary reatnnging of his existing electric service entrance facilities to accommodate the proposed underground service lateral in accordance with the C`.ompany's specification. 10.5.3 7;tludiiii, andCondisitlnstaflatina The Applicant shall also provide; at no cost to the Company, a suitable trench, perforin jhe backfilling and any landscape, pavement or other similar repairs and install Company provided conduit according to Company specifications. When requested by the Applicant and approved by the, Company, the Company may supply the trench mill conduit and the Applicant shall pay fo� this work based on a specific cost estimate. -Sliould paving, grecs, landscaping orsprinkler systems need repair or replacement Awing construction, the Applicritit shall: lie responsible for restoring the paving, gruss, landscaping or sprinkler systems to the original condition. 10,5A. Co rihtttion,¢y_A,pltticarit a) The charge per service lateral replacing an existing Compvny-ovvnmd overhead service for any density shall be Applicant's Contribution L Where the Company provides all underground,servicclatcral: SfiKi-.1o7f 19t) 2. Wherellte Company provides a riser to a han dhole at the brise. of the pole: $41"7;1(LL79 b) The charge per service lateral replacing an existing Company-owned underground sctvice at Applicant's request for any density.shall be: I. Where the service is from an ovcncmad system: $6*4-4705.63 l. Whmr the service is fivin an underground system: � 5+?2h05:99 c) ilie charge per service lateral replacing an -existing Customer-o%ulcd underground set vice tiom au overhead system for wry density shall be: $4a4, -P_456.03 d) The charge per service latetilreplacing tin existing Customer -owned undergroundservice fivin art underground system for any density shall be: $91,908.38 'llie above charges include conversion of the service intend from the last FPL pole to the meter location. Retnoval of any other facilities such as holes, downguys, spans of secondary, ctc. will bc.chargrd based on specific cost estimates for the requested additional ivork. Issued by: S. 9, Rat 4—,�`I'itYaitY Cotren, Director, Rates and Tariffs Gft'ective: Qetobet-44,,-. ' ORDER NO. PSC -2019 -0360 -TRF -El Attachment B DOCKET NO. 2019008 l =EI Page] of 3 PAGE 15 Revised Sheet No. 6,520 Revised S11eetNo. 6.S20 (Continued fima Sheet N2 6.510) 13.2.12 C ntr'tbutionbyApplicant 'Jho Applicant shall pay the Crimp:iny the average diffcieniial cost between installing overhead and underground distribution facilities based,oerfhc fallowing:. 4) Large Ones phase a) Primary lateral, riser. (if front overhead Icaninotiml paint), padmountedImnstornner and trench -with cablain-conduit not to exceed ISO fcc( in radials and 300 feet in. loops. line switch sizelintiled 10 60 amiss toy INV, 2. wbe service, Or 125 quips for 120I240V, 3 wire servlee) wborc cristonier''s ('1fJplleant'S COInrlbUli011 uo awre Lhau 100 feet from die FPL pole.. from 8xisting 120v 60 amp From Overhead tludergrounA 2 wire,sefV ec, LE'llki.j_'4in TS51k7d1aA42L1d U11 I)Singlupnoscradlal 3 0.00 5 0.00 7)Twophase radial $ 0.00 $ 0.(10 3)Thrcc phase radial (1'50, KVA) S 0.00 S OAO 4)Three pl ise radial (300 KVA) $ 0,00 $ 0,00 5) Single phase I001) $ 0,00 S 0.00 6) Two phase loop S 0.00 S 0.00 7)Tlirccphmeloop (.150KVA) $ 0,00 S 0.00 S)Three plus, loop (300'I(VA.) S 0.00 S 0.00 b) Secondary risernnd lateral,. excluding handholeoijmrction hos, with connection to A_ pplicains Service cables 110 greater than .207ccf imm Camparlylist, '_pcic. I) Smallsiag(cphase S 441 2)t.,ar?asingle phase 3)Small ih, phase S 94", MIA3 4) Large Ones phase P) FPI, service cable installed In customer provided and customer Installed 2" PVC (for main line switch sizelintiled 10 60 amiss toy INV, 2. wbe service, Or 125 quips for 120I240V, 3 wire servlee) wborc cristonier''s mcler can is, at least 5 tr:et And uo awre Lhau 100 feet from die FPL pole.. 120v 60 amp 120l2,IN 125 wup 2 wire,sefV ec, 3 vLr suryice 1) Imstalied on n wood pole - accessible locations S 2) Joatalicd on a wrood tole - inaccessible locations S•NJ;l-.tf?,_,#i,„2,S- 3) Installed on a concrete pole - accessible locations S 36:b3iGl_la $ 1S H952f t 5 d) (dandholes and Padwounted Secondary Junetiou Box, axchnimp, miinrctians. 1_) Haodholc a. Small per handholr 52iJ3,a0 3>' 63 b. Jntermedinte - per haidholo 6 4J� 2R6a�a c. Large - per haildhole „S'81:7 0,131.31 2)Pnd Mounted secondary Junction Box- per boa 52;3fA-293.fi)h Zl 3)Pad Mounted secandary Junction C.abincy used wlett electrical loads cxeccd the capacity ofthe secondary junction box (above) ur Avhcn Ihrnumhcr of the urvice condrictors exceed the capacity of flit pad mounted transtbenlee. This tho ,e is only applicable irtlic majorily ofthe custonicr`3service conduct" dianictei is less than 500-MCM. Per cabinet (inclndcs ommediing-up t) 12 sets oftonductor) $44WQ24; 1 704 Tapping service axmduclors (ifmore than 12 sets) - per set S ""u (Continncdon Sheet No. 45.530) Issued by: ;.-1� ft rtlrtsTifftni�.COhclt, Director, Rates and'1'ariffs Effective: <3ey+3tsct J3e'2014 ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081 -EI PAGE 16 FLORIDA POWt R & LJGI I' CONTPAW (Confiuued from Sheen'%. 6,520) Attachment B Page 2 of 3 4te4 tP]tvcnth Revised Shect. No. 6.530 cancels N4nt tenth Revised Sheet No. 6.530 e) P -ary splice box including splicex and cable pulling set-up. -1)=Sinrle Phase - per box 2)'1`wo Phaco - Ilcr box 54•<SS9a461 hGt-91 3) Thme Phase - rex box S1gA'L� k31:3bi.+Ex f) Additional instailation charge fer undergroundprimarylaterals including trench and cable -in -conduit which exceed the limits.set in 13.2.12 a). 1)Single Pimse _ per toot S (o -I _Q - 2) Two Phase - per foot. i ;1-243_02 3) Thi ee Phase - per foot g) Additional installation cbarge fur i:udcrground primary laterals including lmrch and ,cable: 'va-Conduit extended beyond the Company designated point, of dclivcry to a remote paint of delivery. 1) SingleThase- pertool. 2) TwoPhase - per .foot S 4,Mt:1jLH 3) Three Phage • per foot $ 4 a41 29. h) The above Wate Arc based upon arrangementss that will perutit serving thr local undcrimound dastribution s3yAcm within the cotmnerciatlindusuial development from overhead feeder imun,�. If feedermaiu within the coumerciabinduatsivi development arc deemed ncccssary by the tympany to ilruvidc andlor maintain LAcynrue service and art: mquited by the Appliea.ni. of a. guminniental agency to be installed underground, the .Applicant Shall pay the company 0w average differential Cost betwW1 such underground iecdcr main& within the: eaminercialfindustrialdeveJopnimt and ctluivolent oVe{tcad fce(fer r:utiiis, ns 7'<Iliotva: - Applicaw's Contribution Cost per fault offcrdrr treneb within the con ntereW!'indu&trial &Vdi'pmunt (excluding s+'itches) 6 310-0 Cusf (ler aboyo "'fund nxdtnountcd swv.tch package $P444-4325.71 h,E,t i) The Company will proviole, Inc aiandbylassistance appointnxnt at noadditional ehirl;e to the. Applicant addinnow addltiuftal- load Co aSSi't With tnStallutlon of the Applacit.-rt's condoclurS and iYlndvit(s) into a padinouated n'ang-Sfnrm£rn1 . pedestal or vault (not to exceedfour hours in duration) dating gorrual boors of operation. Additional appointments wifl ho provided upon rc,lumr., at the, A.pplicaht's expense. (Continued on Sheat 6.540) Issuedby: Vii?-1��tti 'Ctffany (:ohert, Director, ]rates nnd'I'arifis Effective: 009be4, W, 201�i �G. Lo -lav ORDER NO. PSC -2019 -0360 -TRF -EI DOCKET NO. 20190081 -EI PAGE 17 FLORIDA POWER & LIGHT COMPANY (Continued Root Sheet No. 6.531)) Attachment B Page 3 of 3 MxGi4e�veutit Revised Sheet No. 6.540 Cancels l4AW,4zth Revised Sheet No. 6,540 13.2x3 Contribution At(lusormus a) Credits will be allowed to the Applimat's Wnli ladiou in, Seclium 1312,12. Wttct'c, by uunaal agrecntenf, the Applicant provides trenching mrd backfilling Lirr.Ibo-CrnnpPfry's4hcililics. Credit Lo lire Applicant's - Contribation 1) Credit per foot of primary ticach s 3•:d&l,,Qr. 2) Credit per foot of secondary trench $ 3-7G1,2}. b) Creditswillbe allowed to flit Applicants contribution in sceiinn 13,2..12. kvilcm, by nnrtunl agrcnucnl, the Applicant -itrslalls Contpnuy-provided conduit por Company. irisltifctitilrs. 1) Credit per root oft" conduit $ 066110,10 2)Credit per foot of lnrger than 2" cmtduil $ 6:A1O.±)4 c) Credit will be allowed to life Applioaat's contribution in Section 13.2.12, whafn, by motuni agroaulent, the Applicant installs a C.ompsay-provided handhole per Cnnttwny instructions, 1) Credit per large handhoic/prona.ry splice box $ �-31,•7A 7?. 31,i .2j Credit per smallhantlhole S fil,iri),I,,,i,Z d) Credit will be allowed to the Applicmtrs contribution in Section 13.2.12, where, by annual agreement, the Applicant installs it Comp'loypr wided co—cle pad for a pad -mounted transformer ur pad-muuoted capacitor bank per Comp ny instructions, Credit par pad e) Credit %vilibe allowed to the Applicant's contribution in Section 13.2.12. where, by mutual ogrcalttcnt, the Applicant installs Company -provided concrete pod far n pad-innu+ned feeder switch chamber per Company instructions, Credit per pact A F tht ¢ n Credit will lac allowed to the Applica is cantribulion in Section 13.2:12, where, by miuual agreement, the Applicant installs Canipany-provided cnncrGte pad for a feeder splice box per Company ioslroctions, -- Credit persplice box Issuer] Icy, S: C: Rogois tiffany Calvenl Director, Rates nittl TnOrrs Effective: Oviolim, ldi--241b WISE [!�A INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 30, 2019 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida. Please see the attached document for expenses incurred as of 8/30/19. ATTACHED: 0 All Aboard Fl. expenses through 8/30/19 spreadsheet. 7 All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 -16/17 in addition to prior authorization 10/2/2018 Board approved additional $92,500 11/20/2018 Board approved additional $1 million -Budget amendment Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 8/13/2019 Murphy & Walker $6,487.00 Fees for Legal Services lune & July 2019 7/10/2019 Murphy & Walker $13,868.00 Fees for Legal Services lune 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 $346,654.76 9/30/2018 McDermot,Will & Emery LLP $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 9/30/2018 McDermot,Will & Emery LLP $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 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- June 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 Servlces-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 12/1/2016 Bryan 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 r. mmm - am 1 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 -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $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 Servlces-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 $92.40 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 500A reimbursement -$3,380.35 500A 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 $274.37 9/30/2016 Triad Railroad Consultants $24,758.59 Review AAF 90%& plans 9/30/2016 Atkins North America,lnc. $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 Rall 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 Subtotal Expenses FY 14/15 $44,810.15 Acct#00110111-034020-15023 AlITravel Travel Date I Travel Amount-- Notes 4/24/2019 Dylan Reingold-FDFC Meeting on Brightline $400.39 4/16/2019 Tim Zorc-FDFC Meeting -Orlando $97.32 3/13/2019 Peter O'Bryan-FDFC Meeting -Orlando $111.32 3/13/2019 Bob Solari-FDFC Meeting -Orlando $92.32 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense $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 Subtotal Expenses FY 17/18 $2,420.00 10 Diat - $348,503.90 Total Expenses 17/18 ,--__- 9/30/2017 Delta Air $191.80 - _- - — — --- -- __ --- - - - - - --- -- 9/30/2017 American Airlines - $193.20 EIS 9/30/2017 Jet Blue $168.20 Work 9/30/2017 Jet Blue $25.00 CDM Smith Inc 9/30/2017 Bob Solari -travel to Washington DC $869.98 with OMB,Senator & Congressman & FDOT 11/26/14 Acct#00110214.034020.15023 $5,605.00 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 CDM Smith Inc 9/30/2017 _ Dylan Reingold-travel to Washington DC $753.49 Noise Monitoring 6/28/2017 _ Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $3,029.76 CDM Smith Inc 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahassee AL P -Dylan Reingold 12/16/2015 Kimberly Graham - - $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 EIS 8/08/14 Subtotal Expenses FY 15/16 $1,136.46 Work 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -Fl. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner -$5.36 Orlando -Travel -FL Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Acct#11124319-033190 Other Professional Services Date $348,503.90 Total Expenses 17/18 $637,344.22 Total Expenses 16/17 $223,471.97 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 $348,503.90 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 8/30/19 $3,280,224.65 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 $699,196.10 11 INFORMATIONAL ITEM INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 4, 2019 SUBJECT: Hurricane Jeanne. Closeout FROM: Kristin Daniels . Director, Management & Budget On September 24, 2004, President George W. Bush issued a Declaration of Disaster for Hurricane Jeanne. As a result of Hurricane Jeanne, Indian River County incurred $18,646,495 in Federal Emergency Management Agency (FEMA) eligible project worksheets. The Federal and State amount of reimbursement the County received totaled $17,782,367, while the County's share of those expenses totaled $864,128. Attached is FEMA's Subrecipient Closeout Letter which certifies that all Hurricane Jeanne related work has been completed and all payments have been made in accordance with applicable laws, regulations, policy and guidance. 12 f . STATE OF FLORIDA DIVISION OF EMERGENCY RON DESANTIS Govemor Mrs. Kristin Daniels, Director - Office of Mgmt & Budget Indian River County 1801 27t' Street Vero Beach, FL 32960 Re. Notification of Subrecipient Event Closeout Dear Mrs. Tucker: MANAGEMENT JARED MOSKOWITZ Director FEMA -1561 -DR -FL FIPS No: 061-99061-00 Enclosed is a copy of the original Federal Emergency Management Agency (FEMA) Subrecipient Closeout Letter for all subgrants written for Presidential Declaration Hurricane Jeanne. FEMA and the State of Florida now consider you, as a subrecipient, officially closed. You should file this letter with the supporting documentation of your FEMA Public Assistance Subgrants for Declaration. Should you disagree with FEMA in regards to its closeout action, you have the right to appeal, in accordance with 44 CFR, 206.206. The appeal must contain documentation supporting your organization's position and the applicable provisions under Federal Law, Regulation, and/or Policy. You must file an appeal within 60 days of receipt of this correspondence to the Recipient, the State of Florida Division of Emergency Management. The appeal should be addressed as follows: Jared Moskowitz, Director, Division of Emergency Management Attention: Melissa.Shirah, State Public Assistance Officer 2555 Shumard Oafs Boulevard, Tallahassee, Florida 32399-2100 Pursuant to Florida Statute: Sections 119.021(2) and 257.36 respectively and the State of Florida General Records Schedule GS1-SL for State and Local Government Agencies, dated November 1, 2006; you must retain all records that document Public Assistance Subgrant funds, expenses, management, and audits, for a period of five (5) years from the closed date on the FEMA closeout notification. If you have any questions or require additional clarification regarding. this documentation, please contact Amanda Brodie, Grant Manager, via e-mail at Amanda. Brodiea-em.myflorida.com or by phone at (850) 815-4425. Sincerely, V" Melissa Shirah V Division of Emergency Management Date: _ 811�Tiq MS/ab Enclosure: FEMA Subrecipient Closeout Notification DIVISION HEADQUARTERS STATE LOGISTICS RESPONSE CE�IYR 2555 Shumard Oak Blvd Tel:850-815=4000 2702 Directors Row jj Tallahassee, FL 32399-2100 www.FloridaDisast6r.ora Orlando, FL 32809-5631 U.S. Department of Homeland Security Region IV 3003 Chamblee Tucker Road Atlanta, GA 30341 August 9,.2019 Jared Moskowitz, Director Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention: Amanda Campen Reference: FEMA -1561 -DR -FL Closure Request Indian River County Dear Mr. Moskowitz: v, FEE &A This is in response to your letter dated July 25, 2019 informing the Federal Emergency Management Agency (FEMA) that all work for the referenced Subgrantee has been completed and payments made in accordance with applicable laws, regulations, policy and guidance. The documentation provided meets the requirements of 44 CPR §206.205 concerning the payments of all projects. As a result, our systems and records have been updated to reflect the requested Subgrantee closure based on the Federal Share shown in the enclosed Srftrantee Closure Wor-kvheet. Therefore, this Subgrantee is now considered officially closed. Please advise the Subgrantee of this action and its right to appeal within 60 days of notification,pursuant to 44 CFR §206.206. The Subgrantee must retain all records that document Public Assistance project funds approved as part of this subgrant for a period of three years from the date of the final subgrantee closure action As stated in 44 CFR §206.207, FEMA retains the authority to conduct a Federal audit of this disaster assistance grant or any of the subgrants. In addition, non -Federal audits are to be completed in accordance with 44 CFR Part 14 and Office of Management and Budget (OMB) Circular A-133. Sincerely, Saidat Thomas Public Assistance Branch Chief Recovery Division Enclosure 14 per �Pa STS',. •�:'9r�T At_ FES i AA jjA� Subgrantee Closure Worksheet For Official Use Only * Due to limitations imposed by rules protecting Personally Identifiable Information (1311), some data may be restricted and show as "#ERROR" or:"#SYNTAX." Please contact your Data Steward for rights darification. Florida Disaster: 1561 PA ID#: 061-99061-00 Subgrantee Name: INDIAN.RIVER (COUNTY) Subgrantee Status Closed 08/05/2019 Closure Validation Information Eligible Funds= Obligated Fands?Yes Entered PWs = Obligated PWs? Yes Large Projects Closed? Yes Small Projects Closed? Yes Large Project Threshold: $54,100,00 RPA Reference Number' PX04-F0:1561=RPA-0317 Subgrantee Information Applicant Eligibility ELIGIBLE RPA Entry Date 10/29/2004 Total Obligated $17,132,754.28 Federal Share Obligated $16,918,239.87 Subgrantee Adrrdn $129,232.48 Grantee Admin $85,281.93 Federal Share +Subgrantee Admin $17,047,472.35 Total Amount of PWs at 100°% $18,646,495.13 Final Closure Amount (100°% PWs + S. Admin) $18,775,727.61 Total Non -Federal Share $1,728,255.26 Project Worksheet Information Number Of PWs Entered 98 Number Of PWs Obligated 98 Number Of Large PWs 32 Number Of Large PWs Closed 32 Number Of Small PWs 66 Number Of Small PWs Closed 66 Project Worksheet Details 1/4 15 Version Final Project PW Version Project inspection Project Damage Category Size Number Number Size Date Amount Code Project Status 43 0 Small $8,588.00 C - Roads and Bridges Closed 79 0 Small $2,322.00 B - Protective Measures Closed 80 0 Small $12,308.90 F - Public Utilities Closed 360 0 Small $21,522.57 S • Protective Measures Closed 814 0 Small $31,428.00 G - Recreational or Other Closed Small 816 0 Small $26,629.50 B • Protective Measures Closed 817 0 Small $28,318.40 E - Public Buildings Closed 843 0 Small $10,747.00 E - Public Buildings Closed 845 0 Small $1,587.20 G - Recreational or Other Closed 846 0 Small $1,963.12 E - Public Buildings Closed 847 0 small $9,031.20 E - Public Buildings Closed 1/4 15 �4v*rt7 yrs, 5 FEMASubgrantee Closure Worksheet Version Final Project PW Version Project Inspection Project Damage Category Size Number Number size Date Amount Code Project Status 849 0 Small $9,031.20 E - Public Buildings Closed 850 0 Small $6,260.00 E - Public Buildings Closed 851 0 Small $13,914.00 E -Public Buildings Closed 852 0 Small $1,910.00 E - Public Buildings Closed 854 0 Small $1,100.00 E. - Public Buildings Closed 1039 0 Small $45,601.56 F - Public Utilities Closed 1040 0 small $38,os8.85 E - Public Buildings Closed 1046 0 Small $47,770.89 E, Public Buildings . Closed 1057 0 Small $4,020.64 E - Public Buildings Closed 1058 0 Small $22,239,21 E - Public Buildings Closed 1060 0 Small $5,073.00 E - Public Buildings Closed 1070 0 Small 513,714.90 E - Public Buildings Closed 1073 0 Small $10,157.56 E : Public Buildings . Closed 1074 0 small $19,589.23 E - Public Buildings Closed 1605 0 $man $45,732.00 F - Public Utilities Closed 1606 0 Small $31,198.16 F - Public Utilities Closed 1607 0 Small $7,480.00 E - Public Buildings Closed 1620 0 Small $29,011.50 F - Public Utilities Closed 2001 0 Small $42,911.13 C - Roads and Bridges Closed 2008 0 Small $_53.989.70 C - Roads and Bridges Closed 2009 0 Small $835.00 C - Roads and Bridges Closed 2010 0 Small $2,747.50 C - Roads and Bridges Closed 2011 0 Small $1,275.00 C,_ Roads and Bridges Closed 2012 0 Small 58,037.50 C -.Roads and Bridges Closed Small 2013 0 Small $3;600.00 C - Roads and Bridges Closed 2014 0 Small $2,580.00 C - Roads and Bridges Closed 2015 0 Small $2,120.00 C - Roads and Bridges Closed 2016 0 Small $13,198.00 C- Roads and Bridges Closed 2034 0 Small $21,795.26 C -Roads and Bridges Closed 2305 0 Small $40,283.20 A - Debris Removal Closed 2499 0 Small $41,073.91 G - Recreational or Other Closed 2650 0 Small $4,800.00 A - Debris Removal Closed 2661 0 Small $36,023.87 A - Debris Removal Closed 2662 0 Small $35,371.12 A - Debris Removal Closed 2817 0 Small $11,692.70 A - Debris Removal Closed 2994 0 Small $15;668.75 E - Public Buildings Closed 3044 0 Small $2,900.00 E - Public Buildings Closed 3073 0 Small $11,556.62 B - Protective Measures Closed 3074 0 Small $40,462.84 B - Protective Measures Closed 3228 0 Small $7,079.19 E - Public Buildings Closed 3352 0 Small $11,929.25 A, Debris Removal Closed 3658 0 Small $27,217.35 C - Roads and Bridges Closed 4936 0 Small $4,800.00 G - Recreational or Other Closed 4937 0 Small S49,035.75 G - Recreational or Other Closed 4999 0 Small $12,055.50 G - Recreational or Other Closed 5033 0 Small $43,675.72 G - Recreational or Other Closed 5035 0 Small $42,317.85 G - Recreational or Other Closed 5084 0 Small $12,189.99 A - Debris Removal Closed 5429 0 Small $0.00 B - Protective Measures Closed 5772 0 Small $50,575.00 G - Recreational or Other Closed 2/4 16 314 17 FEMASubgrantee Closure Worksheet ,Y Version Final Project PW Version Project Inspection Project Damage Category Size Number Number Size Date Amount Code Project Status 5787 0 Small $8,197.50 E - Public Buildings Closed 5820 0 Small $28,501.00 G - Recreational or Other Closed Small 6427 0 Small $5,068.16 G - Recreational or Other Closed 6428 0 small $17,599.00 G - Recreational or Other Closed 6611 0 Small $0.00 B - Protective Measures Closed 6611 1 small $53,614.10 B - Prolective Measures Closed Version Final Project PW Version Project Inspection Project Damage Category Size Number Number Size Date Amount Code Project Status 124 0 Large 08/052008 $1,702.573.08 B - Protective Measures Closed 124 1 Large 08/05/2008 $240,873.51 B - Protective Measures Closed 830 0 Large 02/05/2009 $4,616.351.90 A - Debris Removal Closed 830 1 Large 02105/2009 $443,004.66 A - Debris Removal Closed 830 2 Large 02105/2009 $377,557.94 A- Debris Removal Closed 830 3 Large 0210512009 $818,844.02 An. Debris Removal . Closed 833 0 Large 01222009 $545,075.98 A - Debris Removal Closed 833 1 Large 01222009 $46,082.80 A- Debris Removal. Closed 633 2 Large 01/22/2009 $*3,302.14 A - Debris Removal Closed 2304 0 Large 12114!1006 $9.000.00 G - Recreational or Other Closed 2304 1 Large 12/14/2006 -$5,800.00 G - Recreational or Other Closed 2310 0 Large 09/0312008 $668,783.70 8 - Protective Measures Closed 2310 1 Large 09/03!2008 $0.00 B - Protective Measures Closed 2326 0 Large 11/21/2006 $57,322.97 B - Protective Measures Closed 2326 1 Large 11/21/2006 $0.00 B - Protective Measures Closed 2574 0 Large 01/0212007 $66,693.12 E - Public Buildings Closed 2574 1 Large 01/02/2007 42,339.66 E - Public Buildings Closed 2579 0 Large 04/16/2008 $64,868.14 A .,Debris Removal Closed 2579 1 Large 04116/2006 $23,616.07 A -Debris Removal Closed 2717 0 Large 12/11/2006 $333.094.17 A - Debris Removal Closed Large 2717 1 Large 12/11/2008 $0.00 A -Debris Removal Closed 2818 0 Large 01/3112008 $63,550.00 A - Debris Removal Closed 2818 1 Large 01/31/2008 -$63,550.00 A - Debris Removal Closed 2893 0 age 02/13/2006 $229,388.28 A -Debris Removal Closed 2893 1 Large 02/13/2 008 $0.00 A - Debris Removal Closed 3043 0 large 05/09/2007 $69,828.51 E - Public Buildings Closed 3043 1 Large 05/092007 -$1,203.74 E - Public Buildings Closed 3116 0 Large 09/032008 $1,131,757.93 B - Protective Measures Closed 3116 1 Large 09/032008 $0.00 B - Protective Measures Closed 3155 0 Large 03202008 $466,637.75 G - Recreational or Other Closed 3155 1 Large 0312012008 -$46,405.64 G - Recreational or Other Closed 3571 0 Large $191,801.74 E - Public Buildings .Closed 3571 1 Large $0.00 E - Public Buildings Closed 3571 2 Large $142,756.66 E - Public Buildings Closed 3571 3 Large -$191,801.74 E - Public Buildings Closed 3571 4 targe $41915.56 E - Public Buildings Closed 3651 0 Large 02/132008 $123,067.00 A, Debris Removal Closed 3651 1 Large 02/132006 $0.00 A - Debris Removal Closed 4941 0 Large 06/04/2007 $243,325.00 G - Recreational or Other Closed 4941 1 Large 06/042007 4605.35 G - Recreational or Other Closed 4947 0 Large $106,677.00 G - Recreational or Other Closed 314 17 soevi�=rq , FEMA Subgrantee Closure Worksheet Version Final Project PW Version Project Inspection Project Damage Category Size Number . Number Size Date Amount Code Project Status 4947 1 Large $7,676.78 G - Recreational or Other Closed 4986 0 Large 10/2412007 $120,907.98 G - Recreational or Other Closed 4986 1 Large 1012412007 -$5,620.00 G - Recreational or Other Closed 4997 0 Large 08/06/2007 $67,566.57 G -. Recreational or Other Closed 4997 1 Large 08706/2007 $1,048.06 G =. Recreational or Other Closed 4998 0 Large 06/19/2007 $143,346.30 G - Recreational or Other Closed 4998 1 Large 06/192007 $17,115.13 G - Recreational or Other Closed 5000 0 Large 05/092007 $60,409.36 G - Recreational or Other Closed 5000 1 Large 05/092007 5264.64 G - Recreational or Other Closed 5032 0 Large 04252007 $69,365.42 G - Recreational or Other Closed 5032 1 Large 04/252007 $1,201.94 G - Recreational or Other Closed 5034 0 Large 031202008 $303,089.02 G - Recreational of Other Closed 5034 1 Large 031=008 -574,817.06 G - Recreational or Other Closed 5085 0 Large 0520/2008 $64.654.18 A - Debris Removal Closed 6085 1 Large 05202008 -$103.08 A - Debris Removal Closed 5541 0 Large 02/192008 $218,922.00 A - Debris Removal Closed Large 5541 1 Large 02/192008 $0.00 A -Debris Removal Closed 5774 0 Large 04/252007 $70,577.15 G - Recreational or Other Closed 5774 1 Large 04252007 $15,839.78 G.- Recreational or Other Closed 5784 0 Large $249,205.00 G - Recreational or Other Closed 5784 1 Large $95,426-90 G - Recreational or Other Closed 5784 2 Large $524,457.90 G - Recreational or Other Closed 6784 3 Large 5500,098.38 G - Recreational or Other Closed 5791 0 Large 127052008 $290,978.66 E - Public Buildings Closed 5791 1 Large 12/052008 $290,978.66 E - Public Buildings Closed 5791 2 targe 12/052008 $0.00 E - Public Buildings Closed 6249 0 Large 0325/2008 5167,697.32 G - Recreational or Other Closed 6249 1 Large 03/262008 5167,697.32 G - Recreational or Other Closed 6494 0 Large 09!02/2009 $160,918.21 F- Public Utilities Closed 6494 1 Large 091022009 $283.62 F - Public Utifities Closed 6495 0 Large $3;177,524.00 F - Public Utilities Closed 6495 1 Large 52,827,524.00 F - Public Utilities Cued 6495 2 Large $2,827,524.00 F - Public Utilities Closed WARNING: The data in this document is "For Official Use Only" (FOLIO). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOLIO information and It is not to be released to the public or other personnel who do not have a valid "need-to-Imcw" without prior written approval of an authorized DHS Official. 414 18 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar 7r Okeechobee Marshalls Cowboy Shooting Club Match Sept 14. @ IRC Shooting Range: • 9am-1:30pm Well Armed Women Sept 14 @ IRC Shooting Range: • 9:30-11:30am - Ladies Shooting Club Match Micro Wrestling Sept 14.@ IRC Fairgrounds: • 8pm - Tickets can be purchased on Eventbrite.com Vero Beach Gun Show www.patriotshows.com Sept 28 & 29 @ IRC Fairgrounds: • Saturday 9am-5pm • Sunday 9am-4pm National Night Out brought you by the IRC Sheriff's Office Oct 2 @ iG Center - Wiggins Field: • 4-7pm 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 South County Community Meeting Oct 7 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Okeechobee Marshalls Cowboy Shooting Club Match Oct 12 @ IRC Shooting Range: • 9am-1.30pm 19 Well Armed Women Oct 12 @ IRC Shooting Range: • 9:30-11:30am - Ladies Shooting Club Match VNA (Visiting Nurse Assoc.) Camp Chrysalis Oct 12 @ iG Center: • 8:30am -.4pm: Bereavement Camp 2nd Annual Great Halloween Costume Swap Oct 12 @ IRC Main Library: Swap ticket holders: 1-2pm, Open to all: 2-3pm Community Office Hours Event Oct 17 @ North IRC Library: • l Oam- One on one with Commissioner Susan Adams Downton Abbey Tea Party Oct 18 @ Brackett Library - Bjorkman Room: • 2pm: RSVP Required 772 226-3080 Oct. 4550 to register Indian River Charter High School Homecoming Oct 19 @ iG Center: 6:30- 10:30pm: Homecoming Dance Supersized Family Movie. Night Oct 19 @ IRC Fairgrounds: • 7:45pm:.IRC Recreation will be featuring a BIG screen movie family night! 20 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: August 8, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 2, 2019 to August 8, 2019 &comp). Ri�,FR couN�yfy 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 2, 2019 to August 8, 2019. 21 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 385284 08/02/2019 CATHEDRAL CORPORATION 36,000.00 385285 08/08/2019 PORT CONSOLIDATED INC 614.78 385286 08/08/2019 STURGIS LUMBER & PLYWOOD CO 172.34 385287 08/08/2019 COMMUNICATIONS INTERNATIONAL 24,352.99 385288 08/08/2019 RANGER CONSTRUCTION IND INC 1,055.77 385289 08/08/2019 VERO CHEMICAL DISTRIBUTORS INC 309.85 385290 08/08/2019 RICOH USA INC 228.21 385291 08/08/2019 VELDE FORD INC 1,514.23 385292 08/08/2019 SAFETY PRODUCTS INC 1,078.00 385293 08/08/2019 E -Z BREW COFFEE & BOTTLE WATER SVC 46.44 385294 08/08/2019 KELLY TRACTOR CO 1,041.23 385295 08/08/2019 SAFETY KLEEN SYSTEMS INC 400.00 385296 08/08/2019 AVERY DENNISON CORPORATION 3,415.60 385297 08/08/2019 JIMMYS TREE SERVICE 1,650.00 385298 08/08/2019 KSM ENGINEERING & TESTING INC 2,200.00 385299 08/08/2019 TIRESOLES OF BROWARD INC 784.80 385300 08/08/2019 CARTER ASSOCIATES INC 850.00 385301 08/08/2019 DELL MARKETING LP 155.00 385302 08/08/2019 BLAKESLEE SERVICES INC 65.00 385303 08/08/2019 BAKER & TAYLOR INC 3,792.64 385304 08/08/2019 MIDWEST TAPE LLC 710.18 385305 08/08/2019 MWI CORP 2,537.00 385306 08/08/2019 CENGAGE LEARNING INC 540.54 385307 08/08/2019 PALM TRUCK CENTERS INC 381.08 385308 08/08/2019 JIMMYS AIR & REFRIGERATION INC 687.10 385309 08/08/2019 SOFTWARE HARDWARE INTEGRATION 327.66 385310 08/08/2019 COMMUNITY ASPHALT CORP 532.10 385311 08/08/2019 SUNSHINE REHABILATION CENTER OF IRC INC 600.00 385312 08/08/2019 INDIAN RIVER COUNTY HEALTH DEPT 70.00 385313 08/08/2019 CITY OF VERO BEACH 765.40 385314 08/08/2019 AT&T 84.52 385315 08/08/2019 FLORIDA DEPT OF AGRICULTURE AND 2,484.00 385316 08/08/2019 ACUSHNET COMPANY 893.47 385317 08/08/2019 MORGAN & EKLUND INC 22,770.00 385318 08/08/2019 CALLAWAY GOLF SALES COMPANY 88.19 385319 08/08/2019 FLORIDA POWER AND LIGHT 76,078.08 385320 08/08/2019 TAYLOR MADE GOLF CO INC 495.03 385321 08/08/2019 AMERICAN PLANNING ASSOCIATION 270.00 385322 08/08/2019 AMERICAN PLANNING ASSOCIATION 1,676.00 385323 08/08/2019 KENNETH CAMPBELL SENIOR 280.00 385324 08/08/2019 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,545.08 385325 08/08/2019 ALAN C KAUFFMANN 360.00 385326 08/08/2019 ARNOLD AIR CONDITONING INC 89.00 385327 08/08/2019 INDIAN RIVER COUNTY HISTORICAL 5,998.00 385328 08/08/2019 WOODS & POOLE ECONOMICS INC 590.00 385329 08/08/2019 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 84.24 385330 08/08/2019 CHILDRENS HOME SOCIETY OF FL 1,250.00 385331 08/08/2019 CHILDRENS HOME SOCIETY OF FL 5,352.62 385332 08/08/2019 BANK OF NEW YORK 1,212.50 385333 08/08/2019 INDIAN RIVER COUNTY BAR ASSOCIATION INC 250.00 385334 08/08/2019 BRIDGESTONE AMERICAS INC 1,456.95 385335 08/08/2019 ENVISIONWARE INC 2,475.00 385336 08/08/2019 MICHAEL QUIGLEY 440.00 385337 08/08/2019 PUKKA INC 1,386.24 385338 08/08/2019 RUSSELL PAYNE INC 720.54 385339 08/08/2019 CELICO PARTNERSHIP 356.74 385340 08/08/2019 OTC DIRECT INC 215.80 385341 08/08/2019 SOUTHERN JANITOR SUPPLY INC 571.41 22 TRANS NBR DATE VENDOR AMOUNT 385342 08/08/2019 MBV ENGINEERING INC 1,240.00 385343 08/08/2019 CENTRAL PUMP & SUPPLY INC 97.74 385344 08/08/2019 ETR LLC 1,724.90 385345 08/08/2019 STAPLES CONTRACT & COMMERCIAL INC 2,017.65 385346 08/08/2019 GLOVER OIL COMPANY INC 18,005.85 385347 08/08/2019 DAYSPRING 250.00 385348 08/08/2019 KELLY J TURNER JR 120.00 385349 08/08/2019 FLORIDA SUPERIOR SAND INC 967.88 385350 08/08/2019 JOHNNY B SMITH 180.00 385351 08/08/2019 DANE NIACDONALD 180.00 385352 08/08/2019 MCCULLEY MARINE SERVICES INC 60,000.00 385353 08/08/2019 CHARLES A WALKER 80.00 385354 08/08/2019 PHILLIP DAWKINS 121.02 385355 08/08/2019 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 75.00 385356 08/08/2019 MADESSIA FLOWERS 130.00 385357 08/08/2019 KATHLEEN P DOUGHERTY 20.00 385358 08/08/2019 PNC BANK NA 4,762.12 385359 08/08/2019 YOUR AQUA INSTRUCTOR LLC 80.00 385360 08/08/2019 IMAGINE SCHOOLS AT SOUTH VERO 36.00 385361 08/08/2019 MONICA L FOLK 2,000.00 385362 08/08/2019 SYN-TECH SYSTEMS INC 825.00 385363 08/08/2019 FLORIDA COAST EQUIPMENT INC 1,251.35 385364 08/08/2019 OVERDRIVE INC 3,255.96 385365 08/08/2019 JOHNNY THORNTON 250.00 385366 08/08/2019 KEITH GROCHOLL 40.00 385367 08/08/2019 HEATHER HATTON 220.00 385368 08/08/2019 LOWES HOME CENTERS INC 1,096.26 385369 08/08/2019 CARDINAL HEALTH 110 INC 1,678.49 385370 08/08/2019 ALEX MIKLO 60.00 385371 08/08/2019 SOUTHWIDE INDUSTRIES INC 34,445.71 385372 08/08/2019 PENGUIN RANDOM HOUSE LLC 130.65 385373 08/08/2019 STRAIGHT OAK LLC 53.95 385374 08/08/2019 DEBORAH CUEVAS 260.00 385375 08/08/2019 BSN SPORTS INC 1,013.65 385376 08/08/2019 BERNARD EGAN & COMPANY 5,005.63 385377 08/08/2019 FOUNDATION FOR AFFORDABLE RENTAL 628.00 385378 08/08/2019 MICHAEL EDWARD HAMILTON 300.00 385379 08/08/2019 UNIFIRST CORPORATION 659.56 385380 08/08/2019 SITEONE LANDSCAPE SUPPLY LLC 92.05 385381 08/08/2019 GOTTA GO GREEN ENTERPISES INC 53.50 385382 08/08/2019 BARSALOU VENTURES LLC 1,634.50 385383 08/08/2019 AC VETERINARY SPECIALTY SERVICES 45.00 385384 08/08/2019 EDWARD ILLIDGE 180.00 385385 08/08/2019 HOST COMPLIANCE LLC 9,215.00 385386 08/08/2019 CDW LLC 789.34 385387 08/08/2019 PEOPLE READY INC 760.80 385388 08/08/2019 ROBERT O RICHARDSON III 420.00 385389 08/08/2019 EMILY GOUGE 60.00 385390 08/08/2019 COLE AUTO SUPPLY INC 2,438.71 385391 08/08/2019 CANON FINANCIAL SERVICES INC 245.30 385392 08/08/2019 DAY DREAMS UNIFORMS INC 339.60 385393 08/08/2019 NESTLE WATERS NORTH AMERICA 94.31 385394 08/08/2019 SSE ASSOCIATES INC 700.00 385395 08/08/2019 STUART RUBBER STAMP & SIGN CO INC 36.18 385396 08/08/2019 GOMEZ BROTHERS IRRIGATION LLC 648.00 385397 08/08/2019 DJD EQUIPMENT HOLDINGS LLC 357.10 385398 08/08/2019 BOTTOMS UP BEVERAGE OF FLORIDA LLC 672.00 385399 08/08/2019 OCCIDENTAL FIRE & CASUALTY OF N CAROLINA 17,765.00 385400 08/08/2019 THERNELL MILLS 120.00 385401 08/08/2019 CHANGE HEALTHCARE LLC 33,975.81 23 TRANS NBR DATE VENDOR AMOUNT 385402 08/08/2019 STEPHEN STONE 60.00 385403 08/08/2019 DIRECTV GROUP INC 56.24 385404 08/08/2019 VEROLA STUDIO LLC 1,550.00 385405 08/08/2019 TETRA TECH INC 11,216.34 385406 08/08/2019 TAYLOR ANNE HATTON 200.00 385407 08/08/2019 Al ASSETS INC 677.11 385408 08/08/2019 SHAWN CONBOY 160.00 385409 08/08/2019 BLOOPRINT MANAGEMENT INC 200.00 385410 08/08/2019 AMAZON CAPITAL SERVICES INC 5,027.79 385411 08/08/2019 PIRATE PEST CONTROL LLC 41.00 385412 08/08/2019 CALITEN LLC 33.28 385413 08/08/2019 AMERIGAS PROPANE LP 1,503.51 385414 08/08/2019 JOHN J DRISCOLL 120.00 385415 08/08/2019 THE HOPE FOR FAMILIES CENTER INC 3,400.43 385416 08/08/2019 BENEFIT EXPRESS SERVICES LLC 5,799.20 385417 08/08/2019 JORDAN POWER EQUIPMENT CORP 239.28 385418 08/08/2019 JAMES ROMANEK 160.00 385419 08/08/2019 MULLINAX FORD OF VERO BEACH 417.50 385420 08/08/2019 MARK & BONNIE MINTZER 150.00 385421 08/08/2019 SWIM 2 GUARD LLC 40.00 385422 08/08/2019 ABIGAILLE CAPOBIANCO 490.00 385423 08/08/2019 KEEGAN MC COLLOM 170.00 385424 08/08/2019 HAILEY-LYNN GABRIELLA WILSON 140.00 385425 08/08/2019 TRINITY CONSTRUCTION PRODUCTS INC 9,673.50 385426 08/08/2019 KENNETH FASS JR 60.00 385427 08/08/2019 SAMUEL KING 120.00 385428 08/08/2019 KRONOS SAASHR INC 16,250.00 385429 08/08/2019 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,783.57 385430 08/08/2019 CHEYENNE MARSHALL 170.00 385431 08/08/2019 JENNIFER D JAMES 60.00 385432 08/08/2019 PIERCE BENDER 290.00 385433 08/08/2019 KYOKUSHIN OF PORT ST LUCIE LUCIE 1,000.00 385434 08/08/2019 NIINNETTE TAYLOR 1.49.38 385435 08/08/2019 CARLINGTON A GOFFE 1,600.00 385436 08/08/2019 INDIAN RIVER SPORTS COMPLEX INC 4,000.00 385437 08/08/2019 BETH DERBY 150.00 385438 08/08/2019 RUEY READ 35.00 385439 08/08/2019 NAN MCKAY AND ASSOCIATES INC 2,995.00 385440 08/08/2019 DAVID SILON 118.36 385441 08/08/2019 RICHARD HALL 72.00 Grand Total: 501,634.41 24 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1015360 08/02/2019 OFFICE DEPOT BSD CUSTOMER SVC 2,255.06 1015361 08/02/2019 PARKS RENTAL & SALES INC 1,015.25 1015362 08/02/2019 COPYCOINC 54.90 1015363 08/02/2019 NORTH SOUTH SUPPLY INC 117.61 1015364 08/02/2019 MIKES GARAGE & WRECKER SERVICE INC 85.00 1015365 08/02/2019 MEEKS PLUMBING INC 3,689.66 1015366 08/02/2019 SOUTHERN COMPUTER WAREHOUSE INC 4,136.22 1015367 08/02/2019 WIGINTON CORPORATION 1,542.00 1015368 08/02/2019 PRIDE ENTERPRISES 384.23 1015369 08/02/2019 STRYKER SALES CORP 457.14 1015370 08/02/2019 MIDWEST MOTOR SUPPLY CO 1,456.73 1015371 08/02/2019 RECHTIEN INTERNATIONAL TRUCKS 1,145.12 1015372 08/02/2019 METRO FIRE PROTECTION SERVICES INC 539.85 1015373 08/02/2019 WACO FILTERS CORPORATION 11,760.00 1015374 08/02/2019 L&L DISTRIBUTORS 100.54 1015375 08/02/2019 STAT MEDICAL DISPOSAL INC 195.00 1015376 08/02/2019 TIGHT LINE PRODUCTIONS INC 408.00 1015377 08/02/2019 NEXAIR LLC 1,174.38 1015378 08/02/2019 PACE ANALYTICAL SERVICES LLC 306.00 1015379 08/07/2019 COLD AIR DISTRIBUTORS WAREHOUSE 194.64 1015380 08/07/2019 INDIAN RIVER BATTERY 1,739.75 1015381 08/07/2019 INDIAN RIVER OXYGEN INC 367.50 1015382 08/07/2019 DEMCOINC 20,085.69 1015383 08/07/2019 APPLE INDUSTRIAL SUPPLY CO 10.36 1015384 08/07/2019 SMITH BROTHERS CONTRACTING EQUIP 562.50 1015385 08/07/2019 GROVE WELDERS INC 775.76 1015386 08/07/2019 COMO OIL COMPANY OF FLORIDA 224.48 1015387 08/07/2019 COMPLETE ELECTRIC INC 10,941.30 1015388 08/07/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 180.32 1015389 08/07/2019 WRIGHT FASTENER COMPANY LLC 265.00 1015390 08/07/2019 EFE INC 942.01 1015391 08/07/2019 AT&T 2,296.83 1015392 08/07/2019 OFFICE DEPOT BSD CUSTOMER SVC 1,791.93 1015393 08/07/2019 WASTE MANAGEMENT INC 2,433.81 1015394 08/07/2019 COMCAST 604.02 1015395 08/08/2019 NORTH SOUTH SUPPLY INC 352.88 1015396 08/08/2019 MEEKS PLUMBING INC 196.00 1015397 08/08/2019 SOUTHERN COMPUTER WAREHOUSE INC 86.64 1015398 08/08/2019 WIGINTON CORPORATION 494.00 1015399 08/08/2019 PERKINS INDIAN RIVER PHARMACY 139.99 1015400 08/08/2019 RECHTIEN INTERNATIONAL TRUCKS 114.61 1015401 08/08/2019 METRO FIRE PROTECTION SERVICES INC 150.00 1015402 08/08/2019 PACE ANALYTICAL SERVICES LLC 108.00 Grand Total: 75,880.71 /w ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE 6969 08/02/2019 6970 08/02/2019 6971 08/02/2019 6972 08/02/2019 6973 08/02/2019 6974 08/02/2019 6975 .08/05/2019 6976 08/05/2019 6977 08/06/2019 6978 08/07/2019 Grand Total: VENDOR AMOUNT FIDELITY SECURITY LIFE INSURANCE COMPANY 3,606.70 MUTUAL OF OMAHA 17,644.48 MUTUAL OF OMAHA 7,325.04 ALLSTATE 175.92 AMERICAN FAMILY LIFE ASSURANCE CO 18,893.82 C E R SIGNATURE CLEANING 5,250.00 CHARD SNYDER & ASSOCIATES INC 312.00 WEST HEALTH ADVOCATE SOLUTIONS INC 1,511.40 FL RETIREMENT SYSTEM 672,351.13 RX BENEFITS INC 200,401.79 927,472.28 26 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 15, 2019 GQMPpRo`, U 3'y O q��fR COUN�y f•, SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 9, 2019 to August 15, 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 9, 2019 to August 15, 2019. 27 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 385442 08/09/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 385443 08/09/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 303.42 385444 08/09/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 385445 08/09/2019 NORTH CAROLINA CHILD SUPPORT 105.69 385446 08/09/2019 ECMC 295.62 385447 08/09/2019 NORTH CAROLINA DEPARTMENT OF REVENUE 99.10 385448 08/09/2019 COMMONWEALTH OF MASSACHUSETTS 154.00 385449 08/09/2019 KANSAS PAYMENT CENTER 219.69 385450 08/15/2019 FLORIDA GOVERNMENT FINANCE 36.00 385451 08/15/2019 HOLIDAY INN 594.00 385452 08/15/2019 PHILLIP J MATSON 203.53 385453 08/15/2019 JASON E BROWN 40.00 385454 08/15/2019 UNIVERSITY OF SOUTH FLORIDA 85.00 385455 08/15/2019 UNIVERSITY OF SOUTH FLORIDA 520.00 385456 08/15/2019 OMNI ORLANDO RESORT 417.00 385457 08/15/2019 KENDRA COPE 375.00 385458 08/15/2019 KIMBERLY K MOIRANO 12.99 385459 08/15/2019 GRANT WRITING USA 910.00 385460 08/15/2019 MOLLY KLINEPETER 58.01 385461 08/15/2019 MICHAEL KING 29.64 385462 08/15/2019 PORT CONSOLIDATED INC 6,396.93 385463 08/15/2019 ROCKWOOD CORPORATION 432.50 385464 08/15/2019 COMMUNICATIONS INTERNATIONAL 365.60 385465 08/15/2019 COMMUNICATIONS INTERNATIONAL 88.00 385466 08/15/2019 TEN -8 FIRE EQUIPMENT INC 646.94 385467 08/15/2019 RANGER CONSTRUCTION IND INC 381.98 385468 08/15/2019 VERO CHEMICAL DISTRIBUTORS INC 928.56 385469 08/15/2019 RICOH USA INC 24.29 385470 08/15/2019 KIMLEY HORN & ASSOC INC 3,245.00 385471 08/15/2019 HENRY SCHEIN INC 5,676.35 385472 08/15/2019 SAFETY PRODUCTS INC 1,117.03 385473 08/15/2019 DATA FLOW SYSTEMS INC 2,505.00 385474 08/15/2019 GRAINGER 719.50 385475 08/15/2019 KELLY TRACTOR CO 477.72 385476 08/15/2019 GRAYBAR ELECTRIC 205.40 385477 08/15/2019 REPUBLIC SERVICES INC 482,943.99 385478 08/15/2019 LFI FORT PIERCE INC 310.50 385479 08/15/2019 CLIFF BERRY INC 463.50 385480 08/15/2019 NATIONAL FIRE PROTECTION ASSOC 175.00 385481 08/15/2019 KSM ENGINEERING & TESTING INC 893.75 385482 08/15/2019 BOUND TREE MEDICAL LLC 5,117.88 385483 08/15/2019 PETES CONCRETE 1,900.00 385484 08/15/2019 VERO INDUSTRIAL SUPPLY INC 53.89 385485 08/15/2019 TIRESOLES OF BROWARD INC 1,200.36 385486 08/15/2019 CALL ONE INC 229.00 385487 08/15/2019 CITY ELECTRIC SUPPLY 262.58 385488 08/15/2019 CHILDCARE RESOURCES OF IRC INC 800.00 385489 08/15/2019 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,200.00 385490 08/15/2019 BARNEYS PUMP INC 15,125.00 385491 08/15/2019 BRANDTS APPLIANCE SERVICE INC 61.48 385492 08/15/2019 MIDWEST TAPE LLC 1,471.49 385493 08/15/2019 HARRINGTON INDUSTRIAL PLASTICS LLC 246.94 385494 08/15/2019 BAKER DISTRIBUTING CO LLC 25.00 385495 08/1.5/2019 CENGAGE LEARNING INC 441.64 385496 08/15/2019 JIMMYS AIR & REFRIGERATION INC 322.00 385497 08/15/2019 SUNSHINE REHABILATION CENTER OF IRC INC 15.00 385498 08/15/2019 CREATIVE CHOICE HOMES XVI LTD 652.00 385499 08/15/2019 CLERK OF CIRCUIT COURT 24.67 TRANS NBR DATE VENDOR AMOUNT 385500 08/15/2019 CLERK OF CIRCUIT COURT 441.00 385501 08/15/2019 CITY OF VERO BEACH 2,112.89 385502 08/15/2019 LIVINGSTON PAGE 40.00 385503 08/15/2019 FLORIDA WATER & POLLUTION CONTROL 30.00 385504 08/15/2019 GEOSYNTEC CONSULTANTS INC 13,537.74 385505 08/15/2019 FEDERAL EXPRESS CORP 66.17 385506 08/15/2019 CITY OF SEBASTIAN 28,497.17 385507 08/15/2019 SIEMENS INDUSTRY INC 7,588.00 385508 08/15/2019 CALLAWAY GOLF SALES COMPANY 1,020.11 385509 08/15/2019 SUBSTANCE AWARENESS COUNCIL OF IRC INC 13,257.00 385510 08/15/2019 FLORIDA POWER AND LIGHT 12,405.21 385511 08/15/2019 FLORIDA POWER AND LIGHT 10,024.33 385512 08/15/2019 PUBLIC DEFENDER 3,975.20 385513 08/15/2019 CITY OF FELLSMERE 264.20 385514 08/15/2019 PEACE RIVER ELECTRIC COOP INC 66.51 385515 08/15/2019 KENNETH CAMPBELL SENIOR 50.00 385516 08/15/2019 LANGUAGE LINE SERVICES INC 45.10 385517 08/15/2019 STRUNK FUNERAL HOMES & CREMATORY 425.00 385518 08/15/2019 JASON E BROWN 20.00 385519 08/15/2019 IRC HEALTHY START COALITION INC 2,500.00 385520 08/15/2019 IRC HEALTHY START COALITION INC 2,500.00 385521 08/15/2019 IRC HEALTHY START COALITION INC 2,500.00 385522 08/15/2019 IRC HEALTHY START COALITION INC 2,500.00 385523 08/15/2019 IRC HEALTHY START COALITION INC 833.33 385524 08/15/2019 NOTARY PUBLIC UNDERWRITERS INC 113.00 385525 08/15/2019 GERALD A YOUNG SR 60.00 385526 08/15/2019 ALAN C KAUFFMANN 80.00 385527 08/15/2019 NEXTRAN CORPORATION 447.70 385528 08/15/2019 ARNOLD AIR CONDITONING INC 994.00 385529 08/15/2019 G K ENVIRONMENTAL INC 4,437.00 385530 08/15/2019 INDIAN RIVER COUNTY BAR ASSOCIATION INC 125.00 385531 08/15/2019 VERO CLUB PARTNERS LTD 982.00 385532 08/15/2019 BRIDGESTONE AMERICAS INC 798.62 385533 08/15/2019 SHRIEVE CHEMICAL CO 4,089.65 385534 08/15/2019 THE PALMS AT VERO BEACH 450.00 385535 08/15/2019 RUSSELL PAYNE INC 304.61 385536 08/15/2019 TRANE US INC 17,693.00 385537 08/15/2019 CELICO PARTNERSHIP 1,797.80 385538 08/15/2019 ANIXTER INC 650.00 385539 08/15/2019 CINTAS CORPORATION NO 2 108.34 385540 08/15/2019 FLORIDA DEPT OF JUVENILE JUSTICE 64,780.72 385541 08/15/2019 VAN WAL INC 780.00 385542 08/15/2019 BIG BROTHERS AND BIG SISTERS 1,250.00 385543 08/15/2019 BIG BROTHERS AND BIG SISTERS 5,507.61 385544 08/15/2019 FASTENAL COMPANY 63.05 385545 08/15/2019 OTC DIRECT INC 93.94 385546 08/15/2019 SOUTHERN JANITOR SUPPLY INC 116.39 385547 08/15/2019 SOUTHERN JANITOR SUPPLY INC 1,318.20 385548 08/15/2019 M T CAUSLEY INC 28,622.00 385549 08/15/2019 OCLC ONLINE COMPUTER LIBRARY CENTER 470.40 385550 08/15/2019 MBV ENGINEERING INC 5,673.50 385551 08/15/2019 STAPLES CONTRACT & COMMERCIAL INC 276.07 385552 08/15/2019 GLOVER OIL COMPANY INC 37,100.83 385553 08/15/2019 BILL BRESSETT 40.00 385554 08/15/2019 GERELCOM INC 15,128.00 385555 08/1.5/2019 CAROLE J MADIGAN 718.00 385556 08/15/2019 KELLY J TURNER JR 60.00 385557 08/15/2019 PAK MAIL 78.78 385558 08/15/2019 RUSH TRUCK CENTERS OF FLORIDA 394.50 385559 08/1.5/2019 JOHNNY B SMITH 80.00 29 TRANS NBR DATE VENDOR AMOUNT 385560 08/15/2019 CHARLES A WALKER 60.00 385561 08/15/2019 REDLANDS CHRISTIAN MIGRANT ASSOC 5,506.46 385562 08/15/2019 MADESSIA FLOWERS 60.00 385563 08/15/2019 FLUID CONTROL SPECIALTIES INC 4,840.15 385564 08/15/2019 TRADEWINDS POWER CORP 10,829.25 385565 08/15/2019 TREASURE COAST FOOD BANK INC 73.44 385566 08/15/2019 DANA SAFETY SUPPLY INC 76.50 385567 08/15/2019 KWACKS INC 17,894.08 385568 08/15/2019 NICOLACE MARKETING INC 200.00 385569 08/15/2019 EQ THE ENVIRONMENTAL QUALITY COMPANY 26,970.17 385570 08/15/2019 FEED THE LAMBS ENRICHMENT PROGRAM INC 3,750.00 385571 08/15/2019 WEST CONSTRUCTION INC 184,982.85 385572 08/15/2019 CHEMETRICS INC 301.25 385573 08/15/2019 TREASURE COAST MOTOR CYCLE CENTER INC 142.90 385574 08/15/2019 MURPHY & WALKER P L 6,487.00 385575 08/15/2019 FLORIDA ARMATURE WORKS INC 1,679.65 385576 08/15/2019 AHS HOLDINGS GROUP LLC 875.00 385577 08/15/2019 XYLEM WATER SOLUTION USA INC 280.00 385578 08/15/2019 ALAN JAY CHEVROLET CADILLAC 62,918.00 385579 08/15/2019 HEATHER HATTON 140.00 385580 08/15/2019 OCEAN RESEARCH & CONSERVATION ASSOCIATION P 4,297.17 385581 08/15/2019 TAW ORLANDO SERVICE CENTER INC 6,132.20 385582 08/15/2019 REPROGRAPHIC SOLUTIONS INC 9.90 385583 08/15/2019 LOWES HOME CENTERS INC 1,979.83 385584 08/15/2019 CARDINAL HEALTH 110 INC 263.94 385585 08/15/2019 MUNICIPAL EMERGENCY SERVICES INC 23,080.58 385586 08/15/2019 ALEX MIKLO 60.00 385587 08/15/2019 BURNETT LIME CO INC 9,539.60 385588 08/15/2019 SOUTHWIDE INDUSTRIES INC 8,997.12 385589 08/15/2019 IMPECCABLE SIGNS INC 286.75 385590 08/15/2019 PENGUIN RANDOM HOUSE LLC 30.00 385591 08/15/2019 STRAIGHT OAK LLC 110.69 385592 08/15/2019 SOUTHERN MANAGEMENT LLC 71,566.00 385593 08/15/2019 STEWART & STEVENSON FDDA LLC 3,883.83 385594 08/15/2019 DEBORAH CUEVAS 180.00 385595 08/15/2019 SAMBA HOLDINGS INC 1,277.58 385596 08/15/2019 COLONIAL HEIGHTS ACQUISITION LP 325.00 385597 08/15/2019 BREVARD COUNTY BOCC 50.00 385598 08/15/2019 R I G WILLIAMS LLC 400.00 385599 08/15/2019 ARROW INTERNATIONAL 2,750.00 385600 08/15/2019 eMAINT ENTERPRISES LLC 3,060.00 385601 08/15/2019 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 850.00 385602 08/15/2019 SYLIVIA MILLER 399.00 385603 08/15/2019 HAWKINS INC 2,001.00 385604 08/15/2019 THE TRANSIT GROUP INC 13,924.32 385605 08/15/2019 RONALD RENNICK 445.00 385606 08/15/2019 UNIFIRST CORPORATION 1,981.95 385607 08/15/2019 JOHNSON-DAVIS INCORPORATED 191,604.99 385608 08/15/2019 CDA SOLUTIONS INC 1,278.12 385609 08/15/2019 SITEONE LANDSCAPE SUPPLY LLC 163.51 385610 08/15/2019 HYDROMAX USA LLC 20,537.50 385611 08/15/2019 BARSALOU VENTURES LLC 435.76 385612 08/15/2019 NORTH AMERICAN OFFICE SOLUTIONS INC 51.48 385613 08/15/2019 EZLINKS GOLF LLC 300.00 385614 08/15/2019 EDWARD ILLIDGE 60.00 385615 08/15/2019 COLTON PARKER 200.00 385616 08/15/2019 AIRGAS INC 3,793.92 385617 08/15/2019 COVERALL NORTH AMERICA INC 215.00 385618 08/15/2019 MATHESON TRI -GAS INC 3,849.30 385619 08/15/2019 PEOPLE READY INC 2,777.76 30 TRANS NBR DATE VENDOR AMOUNT 385620 08/15/2019 ROBERT O RICHARDSON III 60.00 385621 08/15/2019 EMILY GOUGE 60.00 385622 08/15/2019 COLE AUTO SUPPLY INC 2,741.28 385623 08/15/2019 KONICA MINOLTA BUSINESS SOLUTIONS 108.45 385624 08/15/2019 BETH NOLAN 123.00 385625 08/15/2019 FLORIDA BULB &BALLAST INC 3,107.55 385626 08/15/2019 BOWMAN CONSULTING GROUP LTD 1,038.00 385627 08/15/2019 SSE ASSOCIATES INC 1,765.00 385628 08/15/2019 CALVIN GIORDANO & ASSOCIATES INC 20,887.50 385629 08/15/2019 VEOLIA WATER TECHNOLOGIES INC 46,555.55 385630 08/15/2019 CORE & MAIN LP 36,999.23 385631 08/15/2019 PACIFIC RIM VENTURES INC 1,870.00 385632 08/15/2019 JOE PAYNE INC 8,721.44 385633 08/15/2019 STEWART MATERIALS LLC 528.80 385634 08/15/2019 WOERNER AGRIBUSINESS LLC 280.00 385635 08/15/2019 DJD EQUIPMENT HOLDINGS LLC 171.49 385636 08/15/2019 ABISCOM INC 953.41 385637 08/15/2019 BOTTOMS UP BEVERAGE OF FLORIDA LLC 4,472.00 385638 08/15/2019 REXEL USA INC 50,146.87 385639 08/15/2019 THERNELL MILLS 80.00 385640 08/15/2019 ACTION RENTALS VRB LLC 620.43 385641 08/15/2019 ENGINEERED SERVICES INC 48.00 385642 08/15/2019 ENGINEERED SERVICES INC 243.33 385643 08/15/2019 STEPHEN STONE 60.00 385644 08/15/2019 JOSEPH LORINO 60.00 385645 08/15/2019 TAYLOR ANNE HATTON 160.00 385646 08/15/2019 SHAWN CONBOY 100.00 385647 08/15/2019 RAMONA MURPHY 62.00 385648 08/15/2019 AMAZON CAPITAL SERVICES INC 712.67 385649 08/15/2019 LOGMEIN USA INC 1,188.00 385650 08/15/2019 TREASURE COAST PLUMBING LLC 229.50 385651 08/15/2019 VERONIQUE ORY STURIALE 60.00 385652 08/15/2019 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,390.00 385653 08/15/2019 PIRATE PEST CONTROL LLC 89.00 385654 08/15/2019 AMERIGAS PROPANE LP 353.69 385655 08/15/2019 BANYAN RECYCLING INC 210.00 385656 08/15/2019 JORDAN POWER EQUIPMENT CORP 561.66 385657 08/15/2019 BRYAN CAVE LEIGHTON PAISNER LLP 295.37 385658 08/15/2019 CK CONTRACTORS & DEVELOPMENT LLC 260,878.49 385659 08/15/2019 JAMES ROMANEK 100.00 385660 08/15/2019 GREVILLE H EWAR JR 400.00 385661 08/15/2019 HOMEPROS INC 12,850.00 385662 08/15/2019 EE&G RESTORATION SERVICES LLC 2,840.00 385663 08/15/2019 MULLINAX FORD OF VERO BEACH 101.86 385664 08/15/2019 JUDITH A BURLEY 259.50 385665 08/15/2019 ALL PAVING INC 109,220.36 385666 08/15/2019 KRISTIN BARTELSON 25.00 385667 08/15/2019 EUGENE WELDERS SUPPLY CO 4,228.95 385668 08/15/2019 SWIM 2 GUARD LLC 60.00 385669 08/15/2019 KEEGAN MC COLLOM 110.00 385670 08/15/2019 ROCK SOLID RESTORATIONS LLC 4,254.00 385671 08/15/2019 `KENNETH FASS JR 100.00 385672 08/15/2019 SAMUEL KING 160.00 385673 08/15/2019 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,476.37 385674 08/15/2019 CHEYENNE MARSHALL 160.00 385675 08/15/2019 JENNIFER D JAMES 100.00 385676 08/15/2019 PIERCE BENDER 240.00 385677 08/15/2019 PAYMENTUS CORPORATION 450.00 385678 08/15/2019 NANCY DAHL 10.00 385679 08/15/2019 RAMONA HAYDEL 8.56 31 TRANS NBR DATE VENDOR AMOUNT 385680 08/15/2019 ANGELA CRUZ 14.98 385681 08/15/2019 CANDY MOUBRAY 53.35 385682 08/15/2019 CARLA BROWN 40.00 385683 08/15/2019 BARBARA RUSNAK 55.00 385684 08/15/2019 M&S SERVICES OF FLORIDA INC 130.00 385685 08/15/2019 NANCY MAC MILLAN 450.00 385686 08/15/2019 BROOKS LEASING LLC 1,000.00 385687 08/15/2019 SUN COMMUNITIES OPERATING LP 1,550.00 385688 08/15/2019 MARY HANNA 53.35 385689 08/15/2019 JESSICA KELLY 53.35 385690 08/15/2019 JAMES A APPANEAL 400.00 385691 08/15/2019 MICHELLE KUBITSCHEK 841.09 385692 08/15/2019 UTIL REFUNDS 54.17 385693 08/15/2019 UTIL REFUNDS 53.25 385694 08/15/2019 UTIL REFUNDS 72.61 385695 08/15/2019 UTIL REFUNDS 89.39 385696 08/15/2019 UTIL REFUNDS 66.38 385697 08/15/2019 UTIL REFUNDS 41.65 385698 08/15/2019 UTIL REFUNDS 17.96 385699 08/15/2019 UTIL REFUNDS 91.50 385700 08/15/2019 UTIL REFUNDS 36.85 385701 08/15/2019 UTIL REFUNDS 78.49 385702 08/15/2019 UTIL REFUNDS 1.61 385703 08/15/2019 UTIL REFUNDS 100.00 385704 08/15/2019 UTIL REFUNDS 15.16 385705 08/15/2019 UTIL REFUNDS 44.20 385706 08/15/2019 UTIL REFUNDS 18.24 385707 08/15/2019 UTIL REFUNDS 60.44 385708 08/15/2019 UTIL REFUNDS 17.09 385709 08/15/2019 UTIL REFUNDS 65.19 385710 08/15/2019 UTLL REFUNDS 63.88 385711 08/15/2019 UTIL REFUNDS 8.23 385712 08/15/2019 UTIL REFUNDS 7.48 385713 08/15/2019 UTIL REFUNDS 89.32 385714 08/15/2019 UTIL REFUNDS 61.24 385715 08/15/2019 UTIL REFUNDS 40.37 385716 08/15/2019 UTIL REFUNDS 90.53 385717 08/15/2019 UT11, REFUNDS 130.76 385718 08/15/2019 UTIL REFUNDS 55.01 385719 08/15/2019 UTIL REFUNDS 50.35 385720 08/15/2019 UTIL REFUNDS 69.03 385721 08/15/2019 UTIL REFUNDS 55.23 385722 08/15/2019 UTIL REFUNDS 8.94 385723 08/15/2019 UTIL REFUNDS 75.81 385724 08/15/2019 UTIL REFUNDS 42.21 385725 08/15/2019 UTIL REFUNDS 79.35 385726 08/15/2019 UTIL REFUNDS 42.13 385727 08/15/2019 UTIL REFUNDS 95.98 385728 08/15/2019 UTIL REFUNDS 105.54 385729 08/15/2019 UTIL REFUNDS 36.16 385730 08/15/2019 UTIL REFUNDS 24.40 385731 08/15/2019 UTIL REFUNDS 39.21 385732 08/15/2019 UTIL REFUNDS 31.86 385733 08/15/2019 UTIL REFUNDS 35.62 385734 08/15/2019 UTIL REFUNDS 52.40 385735 08/15/2019 UTIL REFUNDS 41.65 385736 08/15/2019 UTIL REFUNDS 29.19 385737 08/15/2019 UTIL REFUNDS 2.26 385738 08/15/2019 UTIL REFUNDS 1.73 385739 08/15/2019 UTIL REFUNDS 61.63 32 TRANS NBR DATE VENDOR Grand Total: AMOUNT 2,147,904.10 33 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1015406 08/09/2019 WASTE MANAGEMENT INC 1,525.68 1015407 08/13/2019 COPYCOINC 141.93 1015408 08/13/2019 WORLD INDUSTRIAL EQUIPMENT INC 1,183.00 1015409 08/13/2019 HD SUPPLY FACILITIES MAINTENANCE LTD 52.59 1015410 08/13/2019 WINGFOOT PLASTIC PRINTING SVS INC 2,154.50 1015411 08/13/2019 STAT MEDICAL DISPOSAL INC 320.00 1015412 08/13/2019 RADWELL INTERNATIONAL INC 1,211.24 1015413 08/13/2019 PACE ANALYTICAL SERVICES LLC 1,168.00 1015414 08/13/2019 AT&T 16,817.74 1015415 08/13/2019 OFFICE DEPOT BSD CUSTOMER SVC 845.98 1015416 08/13/2019 WASTE MANAGEMENT INC 4,192.60 1015417 08/13/2019 COMCAST 99.95 1015418 08/13/2019 POLYDYNE INC 2,576.00 1015419 08/14/2019 NORTH SOUTH SUPPLY INC 40.63 1015420 08/14/2019 COLD AIR DISTRIBUTORS WAREHOUSE 70.77 1015421 08/14/2019 INDIAN RIVER BATTERY 940.10 1015422 08/14/2019 INDIAN RIVER OXYGEN INC 3,353.25 1015423 08/14/2019 RING POWER CORPORATION 7,294.25 1015424 08/14/2019 DEMCOINC 515.02 1015425 08/14/2019 DAVES SPORTING GOODS & TROPHIES 360.00 1015426 08/14/2019 MEEKS PLUMBING INC 555.50 1015427 08/14/2019 ABCO GARAGE DOOR CO INC 60,230.00 1015428 08/14/2019 ALLIED UNIVERSAL CORP 7,580.05 1015429 08/14/2019 IRRIGATION CONSULTANTS UNLIMITED INC 104.03 1015430 08/14/2019 HILL MANUFACTURING CO INC 736.74 1015431 08/14/2019 GROVE WELDERS INC 1,114.38 1015432 08/14/2019 FIRST HOSPITAL LABORATORIES INC 645.00 1015433 08/14/2019 TOTAL TRUCK PARTS INC 476.32 1015434 08/14/2019 COMO OIL COMPANY OF FLORIDA 91.91 1015435 08/14/2019 PRIDE ENTERPRISES 173.00 1015436 08/14/2019 COMPLETE ELECTRIC INC 352.93 1015437 08/14/2019 GREEN EQUIPMENT COMPANY 741.00 1015438 08/14/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,316.24 1015439 08/14/2019 AUTO PARTNERS LLC 24.01 1015440 08/14/2019 L&L DISTRIBUTORS 321.22 1015441 08/14/2019 ENVIRONMENTAL CONSERVATION LABORATORIES IN 8,872.00 1015442 08/14/2019 STAT MEDICAL DISPOSAL INC 70.00 1015443 08/14/2019 HYDRA SERVICE (S) INC 32,074.00 1015444 08/14/2019 NEXAIR LLC 812.56 1015445 08/14/2019 EFE INC 3,829.61 Grand Total: 164,983.73 34 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 6979 08/09/2019 IRS -PAYROLL TAXES 1,154.71 6980 08/09/2019 KIMLEY HORN & ASSOC INC 21,222.50 6981 08/09/2019 KfMLEY HORN & ASSOC INC 1,450.00 6982 08/09/2019 TOTAL ADMINISTRATIVE SERVICES CORP 11,861.94 6983 08/09/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 5,091.59 6984 08/09/2019 IRC FIRE FIGHTERS ASSOC 9,668.92 6985 08/09/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 59,971.70 6986 08/09/2019 1 R C HEALTH INSURANCE - TRUST 87,048.30 6987 08/12/2019 IRS -PAYROLL TAXES 444,767.16 6988 08/12/2019 MUTUAL OF OMAHA 2,415.00 6989 08/12/2019 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 12,000.00 6990 08/12/2019 HIGHMARK STOP LOSS 63.54 6991 08/12/2019 CHARD SNYDER & ASSOCIATES INC 92.00 6992 08/12/2019 FL SDU . 5,472.66 6993 08/12/2019 FLORIDA DEPARTMENT OF REVENUE 9,911.54 6994 08/12/2019 FLORIDA DEPARTMENT OF REVENUE 1,325.95 6995 08/12/2019 FLORIDA DEPARTMENT OF REVENUE 1,800.64 6996 08/12/2019 FLORIDA DEPARTMENT OF REVENUE 4,938.93 6997 08/13/2019 RX BENEFITS INC 2,307.62 6998 08/14/2019 IRS -PAYROLL TAXES 439.68 6999 08/14/2019 ATLANTIC COASTAL LAND TITLE CO LLC 281,474.70 7000 08/14/2019 ATLANTIC COASTAL LAND TITLE CO LLC 271,661.00 7001 08/15/2019 C E R SIGNATURE CLEANING 3,680.00 Grand Total: 1,239,820.08 35 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: August 22, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 16, 2019 to August 22, 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 16, 2019 to August 22, 2019. 36 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 385740 08/22/2019 PORT CONSOLIDATED INC 353.47 385741 08/22/2019 STURGIS LUMBER & PLYWOOD CO 64.43 385742 08/22/2019 TEN -8 FIRE EQUIPMENT INC 2,699.00 385743 08/22/2019 RANGER CONSTRUCTION IND INC 426.00 385744 08/22/2019 VERO CHEMICAL DISTRIBUTORS INC 331.41 385745 08/22/2019 RICOH USA INC 218.15 385746 08/22/2019 SAFETY PRODUCTS INC 728.65 385747 08/22/2019 AT&T WIRELESS 2,122.82 385748 08/22/2019 BOUND TREE MEDICAL LLC 4,015.00 385749 08/22/2019 ECOTECH CONSULTANTS INC 2,666.00 385750 08/22/2019 EXPRESS REEL GRINDING INC 3,500.00 385751 08/22/2019 TIRESOLES OF BROWARD INC 1,683.52 385752 08/22/2019 CARTER ASSOCIATES INC 5,460.00 385753 08/22/2019 CHILDCARE RESOURCES OF IRC INC 16,430.00 385754 08/22/2019 BAKER & TAYLOR INC 9,380.75 385755 08/22/2019 MIDWEST TAPE LLC 601.72 385756 08/22/2019 MWI CORP 261.10 385757 08/22/2019 ATKINS NORTH AMERICA INC 89,325.78 385758 08/22/2019 PALM TRUCK CENTERS INC 110.13 385759 08/22/2019 COMMUNITY ASPHALT CORP 101,406.31 385760 08/22/2019 SUNSHINE REHABILATION CENTER OF IRC INC 650.00 385761 08/22/2019 CLERK OF CIRCUIT COURT 1,063.05 385762 08/22/2019 INDIAN RIVER COUNTY HEALTH DEPT 140.00 385763 08/22/2019 CITY OF VERO BEACH 366.54 385764 08/22/2019 UNITED PARCEL SERVICE INC 13.86 385765 08/22/2019 EBSCO INDUSTRIES INC 1,625.26 385766 08/22/2019 TREASURE COAST HOMELESS SERVICES 5,392.00 385767 08/22/2019 PUBLIX SUPERMARKETS 139.50 385768 08/22/2019 ROGER CLEVELAND GOLF INC 2,020.92 385769 08/22/2019 ACUSHNET COMPANY 2,357.25 385770 08/22/2019 INTERNATIONAL GOLF MAINTENANCE INC 990.00 385771 08/22/2019 FEDERAL EXPRESS CORP 6.64 385772 08/22/2019 FEDERAL EXPRESS CORP 19.92 385773 08/22/2019 FEDERAL EXPRESS CORP 23.73 385774 08/22/2019 FEDERAL EXPRESS CORP 26.69 385775 08/22/2019 CALLAWAY GOLF SALES COMPANY 3,580.48 385776 08/22/2019 SUBSTANCE AWARENESS COUNCIL OF IRC INC 6,810.80 385777 08/22/2019 SUBSTANCE AWARENESS COUNCIL OF IRC INC 13,096.82 385778 08/22/2019 FLORIDA POWER AND LIGHT 47,844.84 385779 08/22/2019 STATE ATTORNEY 11,009.82 385780 08/22/2019 NEW HORIZONS OF THE TREASURE COAST 25,881.33 385781 08/22/2019 KENNETH CAMPBELL SENIOR 100.00 385782 08/22/2019 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,526.10 385783 08/22/2019 STRUNK FUNERAL HOMES & CREMATORY 1,275.00 385784 08/22/2019 MEDICARE PART B FINANCIAL SERVICES 529.00 385785 08/22/2019 TOCOMA RUBBER STAMP & MARKING SYSTEM 21.19 385786 08/22/2019 TREASURE COAST SPORTS COMMISSION INC 5,566.06 385787 08/22/2019 UNITED HEALTH CARE INS COMPANY 505.14 385788 08/22/2019 ESRI INC 6,500.00 385789 08/22/2019 ALAN C KAUFFMANN 140.00 385790 08/22/2019 ARNOLD AIR CONDITONING INC 284.00 385791 08/22/2019 MUSCO SPORTS LIGHTING LLC 2,700.00 385792 08/22/2019 CHILDRENS HOME SOCIETY OF FL 2,000.00 385793 08/22/2019 NABORS GIBLIN & NICKERSON PA 2,000.00 385794 08/22/2019 NORTHERN TOOL & EQUIPMENT CO 323.98 385795 08/22/2019 HUMANA 347.64 385796 08/22/2019 PINNACLE GROVE LTD 800.00 385797 08/22/2019 MICHAEL QUIGLEY 160.00 37 TRANS NBR DATE VENDOR AMOUNT 385798 08/22/2019 CELICO PARTNERSHIP 2,981.18 385799 08/22/2019 FLORIDA RURAL LEGAL SERVICES INC 2,024.72 385800 08/22/2019 THE SHERWIN WILLIAMS CO 28.64 385801 08/22/2019 COASTAL TECHNOLOGY CORPORATION 10,860.00 385802 08/22/2019 MBV ENGINEERING INC 8,213.75 385803 08/22/2019 E W SIVER & ASSOCIATES INC 281.25 385804 08/22/2019 MASTELLER & MOLER INC 1,800.00 385805 08/22/2019 STAPLES CONTRACT & COMMERCIAL INC 359.17 385806 08/22/2019 GLOVER OIL COMPANY INC 17,850.15 385807 08/22/2019 ORCHID ISLAND PROPERTY MGMT H INC 1,080.00 385808 08/22/2019 SUNCOAST REALTY & RENTAL MGMT LLC 350.00 385809 08/22/2019 DIVERSIFIED INSPECTIONS 5,258.40 385810 08/22/2019 JOHNNY B SMITH 120.00 385811 08/22/2019 EARLY LEARNING COALITION OF INDIAN RIVER 4,080.11 385812 08/22/2019 CHARLES A WALKER 20.00 385813 08/22/2019 WILLIE JAMES COBB 350.00 385814 08/22/2019 KATHLEEN P DOUGHERTY 80.00 385815 08/22/2019 TRADEWINDS POWER CORP 300.00 385816 08/22/2019 YOUTH GUIDANCE DONATION FUND 833.33 385817 08/22/2019 RICHARD DOYLE 406.33 385818 08/22/2019 NICOLACE MARKETING INC 1,200.00 385819 08/22/2019 SANDYARACENA 60.00 385820 08/22/2019 FLORIDA MEDICAID 196.47 385821 08/22/2019 HELPING ANIMALS LIVE -OVERCOME 23.00 385822 08/22/2019 DE LA HOZ BUILDERS INC 36,069.00 385823 08/22/2019 EVERY DREAM HAS A PRICE 7,566.59 385824 08/22/2019 CREATIVE POWER SOLUTIONS INC 4,594.99 385825 08/22/2019 OVERDRIVE INC 5,736.51 385826 08/22/2019 VERO BEACH PARTNERSHIP 1,000.00 385827 08/22/2019 HEATHER HATTON 80.00 385828 08/22/2019 GFA INTERNATIONAL INC 11,634.84 385829 08/22/2019 REPROGRAPHIC SOLUTIONS INC 12.60 385830 08/22/2019 LOWES HOME CENTERS INC 711.36 385831 08/22/2019 MUNICIPAL EMERGENCY SERVICES INC 1,962.15 385832 08/22/2019 ALEX MIKLO 20.00 385833 08/22/2019 W&G MAINTENANCE 9,490.00 385834 08/22/2019 STRAIGHT OAK LLC 75.80 385835 08/22/2019 DECKMASTERS LLC 625.00 385836 08/22/2019 MARK BAER 578.52 385837 08/22/2019 STEWART & STEVENSON FDDA LLC 409.00 385838 08/22/2019 SUMMIT CONSTRUCTION OF VERO BEACH LLC 84,371.13 385839 08/22/2019 REI ENGINEERS INC 1,270.00 385840 08/22/2019 BERNARD EGAN & COMPANY 747.36 385841 08/22/2019 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 385842 08/22/2019 ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,292.00 385843 08/22/2019 JC CODE & CONSTRUCTION CONSULTANTS INC 920.40 385844 08/22/2019 CATHEDRAL CORPORATION 16,500.00 385845 08/22/2019 TC ENTERPRISE OF THE TREASURE COAST INC 29,955.00 385846 08/22/2019 UNIFIRST CORPORATION 567.58 385847 08/22/2019 SONRISE VILLAS II LLC 450.00 385848 08/22/2019 TIRZAH A CUNNINGHAM 94.39 385849 08/22/2019 SUNSHINE HEALTH PLAN MEDICAID 762.17 385850 08/22/2019 SITEONE LANDSCAPE SUPPLY LLC 208.68 385851 08/22/2019 BARSALOU VENTURES LLC 2,360.19 385852 08/22/2019 ADVANCE STORES COMPANY INCORPORATED 90.50 385853 08/22/2019 ACTIVE MOBILITY & DESIGN INC 450.00 385854 08/22/2019 EVERY DREAM HAS A PRICE 410.00 385855 08/22/2019 EAST COAST RECYCLING INC 320.00 385856 08/22/2019 AC VETERINARY SPECIALTY SERVICES 45.00 385857 08/22/2019 EDWARD ILLIDGE 80.00 W TRANS NBR DATE VENDOR AMOUNT 385858 08/22/2019 COALITION FOR ATTAINABLE HOMES INC 3,217.00 385859 08/22/2019 ALL WEBBS ENTERPRISES INC 74,548.87 385860 08/22/2019 COVERALL NORTH AMERICA INC 2,015.00 385861 08/22/2019 PEOPLE READY INC 1,988.94 385862 08/22/2019 ROBERT O RICHARDSON III 140.00 385863 08/22/2019 EMILY GOUGE 20.00 385864 08/22/2019 CHARLOTTE BOWLING 123.00 385865 08/22/2019 WILLIS SPORTS ASSOCIATION INC 3,979.86 385866 08/22/2019 COLE AUTO SUPPLY INC 218.76 385867 08/22/2019 KONICA MINOLTA BUSINESS SOLUTIONS 451.39 385868 08/22/2019 BOWMAN CONSULTING GROUP LTD 6,691.92 385869 08/22/2019 STUART RUBBER STAMP & SIGN CO INC 85.77 385870 08/22/2019 ENVIRONMENTAL SCIENCE ASSOCIATES 1,352.40 385871 08/22/2019 TYKES & TEENS INC 7,451.90 385872 08/22/2019 STEPHEN STONE 20.00 385873 08/22/2019 BEST VERSION MEDIA LLC 244.00 385874 08/22/2019 DIRECTV GROUP INC 56.31 385875 08/22/2019 TAYLOR ANNE HATTON 20.00 385876 08/22/2019 Al ASSETS INC 4,003.33 385877 08/22/2019 CONCORDANCE HEALTHCARE SOLUTIONS LLC 63.20 385878 08/22/2019 FINDAWAY WORLD LLC 22,191.96 385879 08/22/2019 RAMONA MURPHY 33.00 385880 08/22/2019 DRUG ABUSE TREATMENT ASSOCIATION 53.50 385881 08/22/2019 AMAZON CAPITAL SERVICES INC 10,988.84 385882 08/22/2019 ANNE SACHS 52.00 385883 08/22/2019 GSE HOLDING INC 25,660.00 385884 08/22/2019 PIRATE PEST CONTROL LLC 9.00 385885 08/22/2019 AMERIGAS PROPANE LP 154.00 385886 08/22/2019 AMERIGAS PROPANE LP 4,416.66 385887 08/22/2019 GREEN CONSTRUCTION TECHNOLOGIES INC 18,682.98 385888 08/22/2019 JORDAN POWER EQUIPMENT CORP 1,111.67 385889 08/22/2019 CK CONTRACTORS & DEVELOPMENT LLC 144,985.79 385890 08/22/2019 HOMEPROS INC 31,200.00 385891 08/22/2019 LIBERTY TIRE RECYCLING LLC 1,650.35 385892 08/22/2019 PC SOLUTIONS & INTEGRATION INC 80,025.00 385893 08/22/2019 UNDERWATER ENGINEERING SERVICES INC 107,714.80 385894 08/22/2019 LINDSEY GARDENS 400.00 385895 08/22/2019 SWIM 2 GUARD LLC 90.00 385896 08/22/2019 ABIGAILLE CAPOBIANCO 40.00 385897 08/22/2019 KEEGAN MC COLLOM 80.00 385898 08/22/2019 NICOLE ANTOSIA 50.00 385899 08/22/2019 ROCKY MOUNTAIN SKIING LLC 508.10 385900 08/22/2019 POLYWRAP RECYCLING LLC 996.64 385901 08/22/2019 DESK SPINCO INC 1,006.07 385902 08/22/2019 SUNQUESTAPRTMENTS LLC 3,586.00 385903 08/22/2019 EFLASH NEWLETTERS LLC 325.00 385904 08/22/2019 ALEXUS DIXON 74.69 385905 08/22/2019 TREASAAODOM 203.55 385906 08/22/2019 SUSAN C TILLMAN 14.15 385907 08/22/2019 SONYALINAMEN 393.65 385908 08/22/2019 ROBERT MURPHY 50.00 385909 08/22/2019 FRANCIS D PROFITT 11.50 385910 08/22/2019 JOES PAINT & BODY SHOP INC 1,112.45 385911 08/22/2019 RICK CHEER 5.00 385912 08/22/2019 MARIE JEAN BART 75.00 385913 08/22/2019 FLORIDA GOVERNMENT FINANCE 54.00 385914 08/22/2019 JASON E BROWN 150.00 385915 08/22/2019 CENTRAL FLORIDA PRIMA 25.00 385916 08/22/2019 SANDESTIN GOLF & BEACH RESORT 465.00 385917 08/22/2019 PETER OBRYAN 15.53 39 TRANS NBR DATE VENDOR AMOUNT 385918 08/22/2019 JAMES MANN 116.41 385919 08/22/2019 SCOTT RODRIGUEZ 460.00 Grand Total: 1,239,193.00 40 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1015446 08/19/2019 AT&T 9,265.73 1015447 08/19/2019 OFFICE DEPOT BSD CUSTOMER SVC 876.79 1015448 08/19/2019 WASTE MANAGEMENT INC 2,269.83 1015449 08/19/2019 COMCAST 69.95 1015450 08/21/2019 HELENA CHEMICAL 1,570.11 1015451 08/21/2019 INDIAN RIVER BATTERY 1,273.05 1015452 08/21/2019 DEMCO INC 155.30 1015453 08/21/2019 ABCO GARAGE DOOR CO INC 651.50 1015454 08/21/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 375.72 1015455 08/21/2019 AUTO PARTNERS LLC 70.37 1015456 08/21/2019 EFE INC 1,668.38 1015457 08/22/2019 COPYCOINC 165.58 1015458 08/22/2019 MEEKS PLUMBING INC 205.00 1015459 08/22/2019 SOUTHERN COMPUTER WAREHOUSE INC 35,081.98 1015460 08/22/2019 WIGINTON CORPORATION 594.00 1015461 08/22/2019 PRIDE ENTERPRISES 53.85 1015462 08/22/2019 SPINNAKER VERO INC 1,065.31 1015463 08/22/2019 ALLIED DIVERSIFIED OF VERO BEACH LLC 1,000.00 1015464 08/22/2019 NEXAIR LLC 91.67 Grand Total: 56,504.12 41 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7002 08/16/2019 IRS -PAYROLL TAXES 9,399.68 7003 08/16/2019 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 43,419.15 7004 08/16/2019 SCHOOL DISTRICT OF I R COUNTY 150,896.00 7005 08/16/2019 RUSSELL PAYNE INC 92,786.65 7006 08/16/2019 TOWN OF INDIAN RIVER SHORES 5,991.54 7007 08/16/2019 CDM SMITH INC 70,093.76 7008 08/16/2019 VETERANS COUNCIL OF I R C 6,344.87 7009 08/16/2019 CULTURAL COUNCIL OF IRC 5,706.81 7010 08/16/2019 CDM SMITH INC 15,354.20 7011 08/19/2019 WRIGHT EXPRESS FSC 24,497.65 7012 08/20/2019 VERO HERITAGE INC 1,197.00 7013 08/21/2019 THALLE CONSTRUCTION CO INC 517,781.39 7014 08/21/2019 SCHOOL DISTRICT OF I R COUNTY 44,212.44 7015 08/22/2019 BANK OF NEW YORK 2,543,000.00 7016 08/22/2019 ATLANTIC COASTAL LAND TITLE CO LLC 286,051.20 Grand Total: 3,816,732.34 42 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 16, 2019 SUBJECT: Quarterly Investment Report for Quarter Ending 6/30/2019 BACKGROUND Attached to this memorandum is the composition of. the investment portfolio and investment earnings for the third quarter of this fiscal year. This report was reviewed by our investment advisory committee on August 15, 2019. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. 43 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 Telephone: (772) 226-1945 CPA, CGFO, CGMA Indian River County Investment Advisory Committee Quarterly Investment Report April 1, 2019 through June 30, 2019 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or financial management expertise. Kristin Daniels, Budget Director, is the County Administrator's designee. The individuals with investment expertise who have agreed to serve are: David W. Griffis, Founding Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group; and Andy Beindorf, Treasure Coast Regional President of CenterState Bank. Also present at the meetings are the Clerk of the Circuit Court, Finance Director, and Internal Audit Director. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.01, Certificates of Deposit (CDs), Money Market Funds, and Repurchase Agreements. BOND PROCEEDS INVESTMENT The current water and sewer bond reserve is placed with Bank of New York/Mellon and is currently invested in treasury notes. QUARTERLY AVERAGE YIELD The overall average yield for the quarter ended June 30, 2019 was 2.22%. The overall average yield for the quarter ended March 31, 2019 was 2.17%. INVESTMENT ACTIVITY As of June 30, 2019, the investments portfolio book value was $410,345,149 with a market value of $412,984,669. Of the $410,345,149 portfolio total, $341,093,543 is restricted for the following purposes: $ 90,953,698 Special revenue projects $ 2,147,560 Debt payments for county bonds $ 82,515,685 Capital projects $ 162,023,329 Business -type activities $ 3,453,271 Escrow Funds $ 341,093,543 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Special Escrow Revenue 1% 27% Debt Service Business- 1% Type Capital 47% Projects 24% The weighted average maturity of the treasury and agency investments as of June 30, 2019 is 12 months. Yields on the individual investments ranged from 0.875% to 3.10%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending June 30, 2019: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) 45 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2019 06/30/19 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date - Date Maturity Maturity - Par Amount Book Value % FFCB Callable 3133EG1X4 1.080% 03/31/17 07/05/19 0.01 1.481% $ 2,000,000.00 $ 1,982,200.00 FFCB Bullet 3133EHUK7 1.400% 08/14/17 08/14/19 0.12 1.400% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EGXK6 1.120% 12/21/17 10/11/19 0.28 1.946% $ 2,000,000.00 $ 1,970,800.00 - FFCB Callable 3133EGA62 1.160% 11/30/17 11/01/19 0.34 1.866% $ 2,000,000.00 $ 1,973,500.00 FFCB Callable 3133EGJV8 1.200% 12/08/17 01/06/20 0.52 1.955% $ 2,000,000.00 $ 1,969,400.00 FFCB Callable 3133EHR70 1.740% 11/14/17 02/14/20 0.63 1.740% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EGAE5 1.360% 12/21/17 02/18/20 0.64 1.991% $- 3,000,000.00 $ 2,960,160.00 FFCB Callable 3133EHLX2 1.500% 10/23/17 03/05/20 0.68 1.716% $ 2,000,000.00 $ 1,990,000.00 FFCB Callable 3133EHC50 1.680% 03/13/18 04/03/20 0.76 2.316% $ 2,000,000.00 $ 1,974,600.00 FFCB Callable 3133EHHA4 1.620% 05/16/18 04/27/20 0.83 2.670% $ 3,000,000.00 $ 2,940,600.00 FFCB Bullet 3133EJQSI 2.7601A 12/03/18 05/05/20 0.85 2.815% $ 3,000,000.00 $ 2,997,660.00 FFCB Callable 3133EHT78 1.830% 12/21/17 -05/20/20 0.89 2.014% $ 3,000,000.00 $ 2,987,040.00 FFCB Bullet 3133EKP23 2.126% 06/10/19 07/10/20 1.03 2.126% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EHUE1 1.650% 03/19/18 08/10/20 1.12 2.372% $ 2,000,000.00 $ 1,966,600.00 FFCB Callable 3133EGVK8 1.350% 05/10/18 09/21/20 1.23 2.661% $ 3,000,000.00 $ 2,910,450.00 FFCB Callable 3133EGXU4 1.370% 05/10/18 10/06/20 1.27 2.665% $ 3,000,000.00 $ 2,910,000.00 FFCB Callable 3133EGF42 1.360% 05/10/18 11/09/20 1.36 2.655% $ 3,000,000.00 $ 2,906,700.00 FFCB Callable 3133EJSES 2.680% 01/15/19 01/15/21 1.55 2.680% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EKEN2 2.520% 03/26/19 03/26/21 1.74 2.520% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EKGL4 2.440% 04/09/19 04/09/21 1.78 2.440% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EKRW8 2.100% 06/24/19 06/24/21 1.99 2.100% $ 3,000,000.00 $ 3,000,000.00 $ 51,000,000.00 $ 50,439,710.00 12.38% FHLB Bullet 3130ABRS76 1.460% 07/12/17 07/12/19 0.03 1.460% $ 2,000,000.00 - $ 2,000,000.00 FHLB - 1X Callable 3130ABB21 1.375% 05/12/17 07/26/19 0.07 1.375% $ 2,000,000.00 $ 2,000,000.00 FHLB Discount 313384006 2.530% 11/29/18 08/08/19 0.11 2.576% $ 3,000,000.00 $ 2,946,870.00 FHLB Callable 3130ABWXO 1.500% 08/22/17 08/22/19 0.15 1.500% $ 2,000,000.00 $ 2,000,000.00 FHLB Discount 313384LF4 2.627% 11/15/18 09/03/19 0.18 2.627% $ 3,000,000.00 $ 2,937,950.01 FHLB Bullet 313OA9EP21 1.000% 05/10/17 09/26/19 0.24 1.436% $ 2,000,000.00 $ 1,979,660.00 FHLB Bullet 313OA9EP21 1.000°,6 05/11/17 09/26/19 0.24 1.435% $ 2,000,000.00 $ 1,979,750.00 - FHLB Bullet 3130ABTD89 1.450% 07/18/17 10/18/19 0.30 1.450% $ 2,000,000.00 $ 2,000,000.00 FHLB Bullet 3130AA3R7 1.375% 06/30/17 11/15/19 0.38 1.433% $ 2,000,000.00 $ 1,997,300.00 FHLB Callable 3130ABCG9 1.600% 05/16/18 02/03/20 0.60 2.634% $ 3,000,000.00 $ 2,948,310.00 FHLB Bullet 313378177 1.875% 11/29/18 03/13/20 0.70 2.801% $ 3,000,000.00 $ 2,965,020.00 FHLB - 1X Callable 3130ACN83 1.700% 11/21/17 05/15/20 0.88 1.869% $ 2,000,000.00 $ 1,991,800.00 FHLB Bullet 313383HU8 1.750% 03/23/18 06/12/20 0.95 2.399% $ 2,000,000.00 $ 1,972,080.00 FHLB Callable 3130ABNQS 1.625% 12/08/17 06/26/20 0.99 1.907% $ 2,000,000.00 $ 1,986,000.00 FHLB Callable 3130ABNM4 1.640% 06/25/18 06/29/20 1.00 2.606% $ 3,000,000.00 $ 2,943,570.00 FHLB Callable 3130ABNV4 1.750% 03/15/18 07/13/20 1.04 2.419% $ 3,000,000.00 $ 2,954,790.00 FHLB Callable 3130ACTKO 1.875% 03/19/18 08/25/20 1.16 2.379% $ 3,000,000.00 $ 2,964,420.00 FHLB Bullet 313OA66T9 1.625% 12/12/18 09/11/20 1.20 2.792%. $ 3,000,000.00 $ 2,940,660.00 FHLB Bullet 3130ACE26 1.375%. 06/26/19 09/28/20 1.25 1.810% $ 3,000,000.00 $ 2,983,860.00 FHLB Callable 3130ADSFO 2.500% 03/29/18 09/29/20 1.25 2.500% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ADG30 2.300% 11/30/18 01/26/21 1.58 2.909% $ 3,000,000.00 $ 2,962,050.00 FHLB Bullet 3130AOXD7 2.375% 03/04/19 03/12/21 - 1.70 2.565% $ 3,000,000.00 $ 2,988,827.10 FHLB Callable 3130AFAR8 3.100% 11/05/18 05/05/21 1.85 3.100% $ 3,000,000.00. $ 3,000,000.00 FHLB Callable 3130AGG74 2.420% 05/21/19 05/21/21 1.89 2.420% $ 3,000,000.00 - $ 3,000,000.00 $ 62,000,000.00 $ 61,442,917.11. 15.08% FHLMC Bullet 3137EAES13 0.875% 03/31/17 07/19/19 0.05 1.394% $ 2,000,000.00 $ 1,976,578.00 FHLMC Bullet 3137EADK2 1.250% 03/30/17 08/01/19 0.09 1.403% $ 3,000,000.00 $ 2,989,560.00 FHLMC Callable 3134GA7A65 1.500°.5 05/11/17 09/09/19 - 0.19 1.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC Bullet 3137EADMB 1.250% 05/04/17 10/02/19 0.26 1.451% $ 3,000,000.00 $ 2,985,780.00 FHLMC Callable 3134GBEB4 1.700% 11/21/17 03/27/20 0.74 1.776% $ 2,000,000.00 $ 1,996,500.00 FHLMC Bullet 3137EAEF2 1.375% 11/21/17 - 04/20/20 0.81 1.858% $ 2,000,000.00 $ 1,977,300.00 FHLMC Bullet 3137EAEM7 2.500% 12/10/18 04/23/20 0.82 2.724% $ 3,000,000.00 $ 2,990,970.00 FHLMC Callable 3134GBQ88 1.750% 10/30/17, 04/30/20 0.84 1.750% $ 2,000,000.00 $ 2,000,000.00 FHLMC Bullet 3137EADR7 1.375% 11/21/17 5/1/2020 0.84 1.823% $ 2,000,000.00 $ 1,978,660.00 FHLMC Callable 3134GBXV9 1.850% 12/12/18 07/13/20 - 1.04 2.823% $ 3,000,000.00 $ 2,955,000.00 FHLMC Callable 3134GBD25 1.700% 11/30/18 08/28/20 1.16 2.817% $ 3,000,000.00 $ 2,943,300.00 FHLMC Bullet 3137EAE14 1.625% 06/05/19 09/29/20 1.25 2.003% $ 3,000,000.00 $ 2,985,300.00 FHLMC Bullet 3137EAEL9 2.375% 09/21/18 02/16/21 1.64 2.873%, $ 3,000,000.00 $ 2,965,500.00 FHLMC-1X Callable 3134GTEX7 2.500% 04/08/19 04/08/21 1.78 2.500% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GTJD6 2.500% 04/29/19 04/29/21 1.83 2.500% - $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3134G9HB6 1.570% 05/15/19 '. 05/17/21 1.88 2.243% $ 2,000,000.00 $ 1,973,757.70 FHLMC Callable 3134GTNP4 2.500% 05/28/19 05/27/21 - 1.91 2.500% $ 2,000,000.00 $ 2,000,000.00 $ 43,000,000.00 $ 42,718,205.70 10.48% FNMA Bullet 3135GOP490 1.000% 05/05/17 08/28/19 0.16 1.442% $ 2,000,000.00 $ 1,979,946.00 FNMA Callable 3135GOPS6 1.250% 11/30/17 09/20/19 0.22 1.842% $ 2,000,000.00 $ 1,979,060.00 FNMABullet 3135GOR39 1.000% 06/30/17 10/24/19 0.32 1.425% $ 2,000,000.00 $ 1,980,694.00 FNMA Bullet 3135GOA78 1.625% 12/08/17 01/21/20 0.56 1.862% $ 3,000,000.00 $ 2,985,270.00 FNMA Bullet 3135GOT29 1.500% 10/23/17 02/28/20 0.67 1.688% $ 2,000,000.00 $ 1,991,360.00 FNMA Callable 3136G4LQ4 1.750% 12/08/17 05/28/20 - 0.91 1.875% $ 3,000,000.00 $ 2,991,000.00 FNMA Callable 3136G3UR4 1.380% 03/23/18 06/30/20 1.00 2.443% $ 3,000,000.00 $ 2,929,950.00 FNMA Bullet - 3135GOT60 1.500% 03/15/18 07/30/20 1.08 2.351% $ 3,000,000.00 $ 2,941,350.00 FNMA Callable 3136G36B6 1.450% 04/30/18 09/15/20 1.21 2.610%, $ 3,000,000.00 $ 2,920,320.00 FNMA Bullet 3135GOJ20 1.375% 12/10/18 02/26/21 1.66 2.761% - $ 3,000,000.00 $ 2,911,377.00 FNMA Bullet 3135GOU27 2.500% 11/29/18. 04/13/21 1.79 2.919% $ 3,000,000.00 $ 2,971,350.00 FNMA Bullet 3136GO358 1.650% 05/14/19 05/14/21 1.87 2.221% $ 2,000,000.00 $ 1,977,780.00 - $ 31,000,000.00 $ 30,559,457.00 7.50% Treasury Note 912828TC4 1.000% 09/14/17 06/30/19 - 1.336% $ 3,000,000.00 $ 2,982,187.50 Treasury Note 912828WSS 1.625% 11/30/17 .06/30/19 - 1.728% $ - 3,000,000.00 $ 2,995,200.00. 46 1oft Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type . June 30, 2019 Restricted Cash - Housing Account $354,988.97 Total Portfolio - - $410,345,149.03 Note: See separate investment report for OPEB funds. 47 2 oft 06/30/19 Coupon/ Purchase Maturity Years To Yield To - Original - Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity - Par Amount Book Value % Treasury Note 91828282K5 - 1.375% 12/01/17 07/31/19 0.08 1.817% $ 3,000,000.00 $ 2,978,906.25 - Treasury Note 912828D80 1.625% 11/30/17 08/31/19 0.17 1.752% $ 3,000,000.00 $ 2,993,437.50 TreasuryNote 9128281`39 1.750% 05/03/18 09/30/19 0.25 2.412% $ 3,000,000.00 $ 2,972,619.00 Treasury Note 912828F62 1.500% 12/12/17 10/31/19 0.34 1.797% $ 3,000,000.00 $ 2,983,560.00 Treasury Note 912828V31 1.375% 12/18/17 01/15/20 0.55 1.845% $ 3,000,000.00 $ 2,971,406.25 Treasury Note 912828357 2.000% 05/03/18 01/31/20 o.S9 2.459% $ 3,000,000.00 $ 2,976,562.50 Treasury Note 912828W22 1.375% 07/06/18 02/15/20 0.63 2.497% $ 3,000,000.00 $ 2,947,148.44. Treasury Note 912828W63 1.625% 12/12/17 03/15/20 0.71 1.845% $ 3,000,000.00 $ 2,985,420.00 Treasury Note 912828UVO 1.125% 07/06/18 03/31/20 0.75 2.513% $ - 3,000,000.00 $ 2,929,687.50 Treasury Note 912828X21 1.500% 12/12/17 04/15/20 0.79 1.857% $ 3,000,000.00 $ 2,975,580.00 Treasury Note 912828VF4 1.375% 07/06/18 05/31/20 0.92 2.535% $ 3,000,000.00 $ 2,935,781.25 Treasury Note 912828XU9 1.500% 05/22/19 06/15/20 0.96 2.340% $ 2,000,000.00 $ 1,982,400.00 Treasury Note 912828XY1 2.500% 12/07/18 - 06/30/20 1.00 2.745% $ 3,000,000.00 $ 2,988,750.00 Treasury Note 912828218 1.500% 08/14/18 07/15/20 1.04 2.604% $ 3,000,000.00 $ 2,938,359.00 Treasury Note 9128282JS 1.500% 05/22/19 07/15/20 1.04 2.311% $ 2,000,000.00 $ 1,981,680.00 Treasury Note 912828XM7 1.625% 08/14/18 07/31/20 1.09 2.608% $ 3,000,000.00 $ 2,943,960.00 Treasury Note 912828NT3 2.625% 12/07/18 08/15/20 1.13 2.747% $ 2,000,000.00 $ 1,995,937.50 - Treasury Note 9128284Y3 2.625% 12/07/18 08/31/20 1.17 2.746% $ 2,000,000.00 $ 1,995,885.00 Treasury Note - 912828VV9 2.125% 08/01/18 .08/31/20 1.17 2.676% $ 3,000,000.00 $ 2,966,700.00 Treasury Note 9128282V1 1.375% 03/22/19 09/15/20 1.21 2.429% $ 3,000,000.00 $ 2,954,250.00 Treasury Note 912828582 2.750% 12/07/18 09/30/20 1.25 2.751% $ 3,000,000.00 $ 2,999,850.00 Treasury Note 9128282Z2 1.625% 03/22/19 10/15/20 1.30 2.433% $ 3,000,000.00 $ 2,962,950.00' Treasury Note 912828222 1.625% 09/10/18 10/15/20 1.30 2.709% $ 3,000,000.00 $ 2,934,120.00 Treasury Note 912828WCO 1.750% 09/10/18 10/31/20 1.34 2.707% $ 3,000,000.00 $ 2,940,690.00 Treasury Note 912828WCO 1.750% 02/20/19 10/31/20 1.34 2.509% $ 3,000,000.00 $ 2,962,500.00 Treasury Note 9128283G3 1.750% 02/20/19 .11/15/20 1.38 2.510% $ 3,000,000.00 $ 2,961,562.50 Treasury Note 9128283Q1 2.000% 12/18/18 01/15/21 1.55 2.685% $ 3,000,000.00 $ 2,958,750.00 Treasury Note 912828858 2.125% 12/18/18 01/31/21 1.59 2.686% $ 3,000,000.00 $ 2,965,500.00 Treasury Note 9128283X6 2.250% 12/21/18 02/15/21 1.63 2.656% $ 3,000,000.00 $ 2,974,650.00 Treasury Note 912828890 2.000% 04/05/19 02/28/21 _ 1.67 2.346% $ 3,000,000.00 $ 2,980,770.00 Treasury Note 912828483 2.375% 01/29/19 03/15/21 1.71 2.587% $ 3,000,000.00 $ 2,986,890.00 Treasury Note 912828C57 2.250% 01/29/19 03/31/21 1.75 2.592% $ 3,000,000.00 $ 2,978,460.00 Treasury Note 912828Q78 1.375% 04/05/19 .04/30/21 1.84 2.329% $ 3,000,000.00 $ 2,942,490.00 Treasury Note 9128281177 1.375% 05/03/19 05/31/21 1.92 2.318% $ 3,000,000.00 $ 2,942,910.00 $ 104,000,000.00 $ 102,867,510.19 25.25% Regions Bank Money Market $16,841,414.16 4.13% Regions Bank Lockbox Accounts $247,993.00 0.06% TD Bank Checking Account $15,858,675.84 3.89% BankUnited Money Market $25,423,785.73 6.24% National Bank of Commerce CD 2.500% 05/11/18 05/11/20 0.87 $6,298,742.03 1.55% Valley National Bank Government Interest Checking $20,587,376.70 5.05% Marine Bank Business Money Market $5,108,626.74 1.25% FL CLASS - BOCC Funds $15,236,187.07 3.74% Total General Cash & Equivalents - Unrestricted $393,630,601.27 Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Utilities Debt Service Reserve $ 52,822.60 Treasury Note 912828XV77 1.250% 06/30/17 06/30/19 - 1.345% $ 1,610,000.00 $1,610,000.00 Treasury Note 912828XY1 2.500% 07/02/18. 06/30/20 1.00 2.538% $ 1,525,000.00 $1,532,975.75 Treasury Note 912828SQ95 2.750% 11/30/18 - 11/30/20 1.42 2.836% $ 1,045,000.00 $1,058,062.50 Total Restricted Bond Reserve - adjusted for fair market value $ 4,253,860.85 1.04% Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves _ $ 9,628,562.75 - 2.36% Total Pooled Cash & Equivalents - $407,513,024.87 100.00 Restricted Cash - Health Insurance TD Bank - BCBS Claims Account $2,393,135.19 Citibank - BCBS Imprest Acct $84,000.00 Total Restricted Cash - Health Insurance - $2,477,135.19 Restricted Cash - Housing Account $354,988.97 Total Portfolio - - $410,345,149.03 Note: See separate investment report for OPEB funds. 47 2 oft Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30, 2019 I of 06/30/19 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow Treasury Note 912828TC4 1.000% 09/14/17 06/30/19 - 1.3361,6 $ 3,000,000.00 $ 2,982,187.50 Treasury Note 912828WSS 1.625% 11/30/17 06/30/19 - 1.728% $ 3,000,000.00 $ 2,995,200.00 $ 6,000,000.00 FFCB Callable 3133EGJX4 1.080% 03/31/17 07/05/19 0.01 1.481% $ 2,000,000.00 $ 1,982,200.00 FHLB Bullet 3130ABR57 1.460% 07/12/17 07/12/19 0.03 1.460% $ 2,000,000.00 $ 2,000,000.00 FHLMC Bullet 3137EAEB1 0.875% 03/31/17 07/19/19 0.05 1.394% $ 2,000,000.00 $ 1,976,578.00 FHLB -1X Callable 3130ABB21. 1.375% 05/12/17 07/26/19 0.07 1.375% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 91282821<5 1.375% 12/18/17 07/31/19 0.08 1.817% $ 3,000,000.00 $ 2,978,906.25 $ 11,000,000.00 FHLMC Bullet 3137EADK2 1.250% 03/30/17 08/01/19 0.09 1.403% $ 3,000,000.00 $ 2,989,560.00 FHLB Discount 313384KDO6 2.530% 11/29/18 08/08/19 0.11 2.576% $ 3,000,000.00 $ 2,946,870.00 FFCB Bullet 3133EHUK7 1.400% 08/14/17 08/14/19 0.12 1.400% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130ABWXO 1.500% 08/22/17 08/22/19 0.15 1.500% $ 2,000,000.00 $ 2,000,000.00 FNMA Bullet 3135GOP49 1.0001/ 05/05/17 08/28/19 0.16 1.442% $ 2,000,000.00 $ 1,979,946.00 Treasury Note 91282SD80 - 1.625% 11/30/17 08/31/19 0.17 1.752% $ 3,000,000.00 $ 2,993,437.50 $ 15,000,000.00 FHLB Discount 313384LF4 2.627% 11/15/18 09/03/19 0.18 2.627% $ 3,000,000.00 $ 2,937,950.01 FHLMC Callable 3134GA7A6 1.500% 05/11/17 09/09/19 0.19 1.500% $ 2,000,000.00 $ 2,000,000.00 FNMA Callable 3135GOP56 1.250% 11/30/17 09/20/19 0.22 1.842% $ 2,000,000.00 $ 1,979,060.00 FHLB Bullet 313OA9EP2 1.000°h 05/10/17 09/26/19 0.24 1.436% $ 2,000,000.00 $ 1,979,660.00 FHLB Bullet - 3130A9EP2 1.000% 05/11/17 09/26/19 0.24 1.435% $ 2,000,000.00 $ 1,979,750.00 Treasury Note 912828F39 1.750% 05/03/18 09/30/19 0.25 2.412% $ 3,000,000.00 $ 2,972,619.00 $ 14,000,ObO.00 FHLMC Bullet 3137EADM8 1.250% 05/04/17 10/02/19 0.26 1.451% $ 3,000,000.00 $ 2,985,780.00 FFCB Callable 3133EGXK6- 1.120% 12/21/17 10/11/19 0.28 1.946% $ 2,000,000.00 $ 1,970,800.00 FHLB Bullet 3130ABTD8 1.450% 07/18/17 10/18/19 0.30 1.450% $ 2,000,000.00 $ 2,000,000.00 FNMA Bullet 3135GOR39 1.000% 06/30/17 10/24/19 0.32 1.425% $ 2,000,000.00 $ 1,980,694.00 Treasury Note 912828F62 1.500% 12/12/17 10/31/19 0.34 1.797% $ 3,000,000.00 $ 2,983,560.00 $ 12,000,000.00 FFCB Callable 3133EGA62 1.160% 11/30/17 11/01/19 0.34 1.866% $ 2,000,000.00 $ 1,973,500.00 FHLB Bullet 3130AA3117 1.375% 06/30/17 11/15/19 0.38 1.433% $ 2,000,000.00 $ 1,997,300.00 $ 4,000,000.00 FFCB Callable 3133EGJV8 1.200% 12/08/17 01/06/20 0.52 1.955% $ 2,000,000.00 $ 1,969,400.00 Treasury Note 912828V31 1.375% 12/18/17 01/15/20 0.55 1.845% $ 3,000,000.00 $ 2,971,406.25 FNMA Bullet 3135GOA78 1.625% 12/08/17 01/21/20 0.56 1.862% $ 3,000,000.00 $ 2,985,270.00 Treasury Note 912828357 2.000% 05/03/18 01/31/20 0.59 2.459% $ 3,000,000.00 $ 2,976,562.50 $ 11,000,000.00 FHLB Callable 3130ABCG9 1.600% 05/16/18 02/03/20 0.60 2.634% $ 3,000,000.00 $ 2,948,310.00 FFCB Callable 3133EHR70 1.740% 11/14/17 02/14/20 0.63 1.740% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828W22 1.375% 07/06/18 02/15/20 0.63 2.497% $ 3,000,000.00 $ 2,947,148.44 FFCB Callable 3133EGAES 1.360% 12/21/17 02/18/20 0.64 1.991% $ 3,000,000.00 $ 2,960,160.00 FNMA Bullet 3135GOT29 1.500% 10/23/17 02/28/20 0.67 1.688% $ 2,000,000.00 $ 1,991,360.00 $ 13,000,000.00 FFCB Callable 3133EHLX2 1.500% 10/23/17 03/05/20 0.68 1.716% $ 2,000,000.00 $ 1,990,000.00 FHLB Bullet 313378/77 1.875% 11/29/18 03/13/20 0.70 2.801% $ 3,000,000.00 $ 2,965,020.00 Treasury Note 912828W63 1.625% 12/12/17 03/15/20 0.71 1.845% $ 3,000,000.00 $ 2,985,420.00 FHLMC Callable 3134GBEB4 1.700% 11/21/17 03/27/20 0.74 1.776% $ 2,000,000.00 $ 1,996,500.00 Treasury Note 912828UVO 1.125% 07/06/18 03/31/20 0.75 2.513% $ 3,000,000.00 $ 2,929,687.50 $ 13,000,000.00 FFCB Callable 3133EHC50 1.680% 03/13/18 04/03/20 0.76 2.316% $ 2,000,000.00 $ 1,974,600.00 Treasury Note 91282BX21 1.500% 12/12/17 04/15/20 0.79 1.857% $ 3,000,000.00 $ 2,975,580.00 FHLMC Bullet 3137EAEF2 1.375% 11/21/17 04/20/20 0.81 1.858% $ 2,000,000.00 $ 1,977,300.00 FHLMC Bullet 3137EAEM7 2.500% 12/10/18 04/23/20 0.82 2.724% $ 3,000,000.00 $ 2,990,970.00 FFCB Callable 3133EHHA4 1.620% 05/16/18 04/27/20 0.83 2.670% $ 3,000,000.00 $ 2,940,600.00 FHLMC Callable 3134GBQ88 1.750% 10/30/17 04/30/20 0.84 1.750% $ 2,000,000.00 $ 2,000,000.00 $ 15,000,000.00 FHLMC Bullet 3137EADR7 1.375% 11/21/17 05/01/20 0.84 1.823% $ 2,000,000.00 $ 1,978,660.00 FFCB Bullet 3133EJQ51 - 2.760% 12/03/18 05/05/20 0.85 2.815% $ 3,000,000.00 $ 2,997,660.00 - FHLB -1X Callable 3130ACN83 1.700% 11/21/17 05/15/20 0.88 1.869% $ 2;000,000.00 $ 1,991,800.00 FFCB Callable 3133EHT78 1.830% 12/21/17 05/20/20 0.89 2.014% $ 3,000,000.00 $ 2,987,040.00 FNMA Callable 3136G4LQ4 1.750% 12/08/17 05/28/20 0.91 1.875% $ 3,000,000.00 $ 2,991,000.00 Treasury Note 912828VF4 1.375% 07/06/18 05/31/20 0.92 2.535% $ 3,000,000.00 $ 2,935,781.25 $ 16,000,000.00 FHLB Bullet 313383HU8 1.750% 03/23/18 06/12/20 0.95 2.399% $ 2,000,000.00 $ 1,972,080.00 Treasury Note 912828XU9 1.500% -05/22/19 06/15/20 0.96 2.340% $ 2,000,000.00 $ 1,982,400.00 FHLB Callable 3130ABNQ5 1.625% 12/08/17 06/26/20 0.99 1.907% $ 2,000,000.00 $ 1,986,000.00 FHLB Callable 3130ABNM4- 1.640% 06/25/18 06/29/20 1.00 2.606% $ 3,000,000.00 $ 2,943,570.00 Treasury Note 912828XY1 2.500% 12/07/18 06/30/20 1.00 2.745% $ 3,000,000.00 $ 2,988,750.00 FNMA Callable 3136G3UR4 1.380% 03/23/18 06/30/20 1.00 2.443% $ 3,000,000.00 $ 2,929,950.00 $ 15,000,000.00 FFCB Bullet 3133EKPZ3 2.125% 06/10/19 07/10/20 1.03 2.126% $ 2,000,000.00 $ 2,000,000.00 FHLBCallable 3130ABNV4 1.750% 03/15/18 07/13/20 1.04 2.419% $ 3,000,000.00 $ 2,954,790.00 FHLMC Callable 3134GBXV9 1.850% 12/12/18 07/13/20 1.04 2.823% $ 3,000,000.00 $ 2,955,000.00 Treasury Note 912828218 - 1.500% 08/14/18 07/15/20 1.04 2.604% $ 3,000,000.00 $ 2,938,359.00 Treasury Note 9128282/8 1.500% 05/22/19 07/15/20 1.04 2.311% $ 2,000,000.00 $ 1,981,680.00 - FNMA Bullet 3135GOT60 1.500% 03/15/18 07/30/20 1.08 2.351% $ 3,000,000.00 $ 2,941,350.00 Treasury Note 912828XM7 1.625% 08/14/18 07/31/20 1.09 2.608% $ 3,000,000.00 $ 2,943,960.00 $ 19,000,000.00 FFCB Callable 3133EHUEI 1.650°.5 03/19/18 08/10/20 1.12 2.372% $ 2,000,000.00 $ 1,966,600.00 Treasury Note 912828NT3 2.625% 12/07/18 08/15/20 1.13 2.747% $ 2,000,000.00 $ 1,995,937.50 FHLB Callable 3130ACTKO 1.875% 03/19/18 08/25/20 1.16 2.379% $ 3,000,000.00 $ 2,964,420.00 FHLMC Callable 3134GB02S 1.700% 11/30/18 08/28/20 1.16 -2.817% $ 3,000,000.00 $ 2,943,300.00 . I of Restricted Cash - Housing Account - _ , $354,988.97 Total Portfolio $ 410,345,149.03 Note: See separate Investment report for OPEB funds. - - 49 2of2 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30, 2019 06/30/19 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow Treasury Note 9128284Y3 2.625% 12/07/18 08/31/20 1.17. 2.746% $ 2,000,000.00 $ 1;995,885.00 Treasury Note 912828VV9 2.125% 08/01/18 08/31/20 1.17 2.676% $ 3,000,000.00 $ 2,966,700.00 $ 15,000,000.00 FHLB Bullet 313OA66T9 1.625% 12/12/18 09/11/20 1.20 2.792% $ 3,000,000.00 $ 2,940,660.00 Treasury Note 9128282V1 1.375% 03/22/19 09/15/20 1.21 2.429% $ 3,000,000.00 $ 2,954,250.00 FNMA Callable 3136G36B6 1.450% 04/30/18 09/15/20 1.21 2.610% $ 3,000,000.00 $ 2,920,320.00 FFCB Callable 3133EGVK8 1.350% 05/10/18 09/21/20 1.23 2.661% $ 3,000,000.00 $ 2,910,450.00 FHLB Bullet 3130ACE26 1.375% 06/26/19 09/28/20 1.25 1.810% $ 3,000,000.00 $ 2,983,860.00 FHLB Callable 3130ADSFO 2.500% 03/29/18 09/29/20 1.25 2.500% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEJ4 1.625% 06/05/19 09/29/20 1.25 2.003% $ 3,000,000.00 $ 2,985,300.00 Treasury Note, 912828582 2.750% 12/07/18 09/30/20 1.25 2.751% $ 3,000,000.00 $ 2,999,850.00 $ 24,000,000.00 FFCB Callable 3133EGXU4 1.370% 05/10/18 10/06/20 1.27 2.665% $ 3,000,000.00 $ 2,910,000.00 Treasury Note 9128282Z2 1.625% 03/22/19 10/15/20 1.30 2.433% $ 3,000,000.00 $ 2,962,950.00 Treasury Note 9128282Z2 1.625% 09/10/18 10/15/20 1.30 2.709% $ 3,000,000.00 $ 2,934,120.00 Treasury Note 912828WCO 1.750% 09/10/18 10/31/20 1.34 2.707% $ 3,000,000.00 $ 2,940,690.00 . Treasury Note 912828WCO 1.750% 02/20/19 10/31/20 1.34 2.509% $ 3,000,000.00 $ 2,962,500.00 $ 15,000,000.00 FFCB Callable 3133EGF42 1.36056 05/10/18 11/09/20 1.36 2.655% $ 3,000,000.00 $ 2,906,700.00 Treasury Note 912828363 1.750% 02/20/19 11/15/20 1.38 2.510% $ 3,000,000.00 $ 2,961,562.50 $ 6,000,000.00 Treasury Note 9128283Q1 2.000% 12/18/18 01/15/21 1.55 2.685% $ 3,000,000.00 $ 2,958,750.00 FFCB Callable 3133EI5E5 2.680% 01/15/19 01/15/21 1.55 2.680% $ - 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130ADG30. 2.300% 11/30/18 01/26/21 1.58 2.909% $ 3,000,000.00 $ 2,962,050.00 Treasury Note 912828858 2.125% 12/18/18 01/31/21 1.59 2.686% $ 3,000,000.00 $ 2,965,500.00 $ 11,000,000.00 Treasury Note 9128283X6 2.250% 12/21/18 02/15/21 1.63 2.656% $ 3,000,000.00 $ 2,974,650.00 FHLMC Bullet 3137EAEL9 2.375% 09/21/18 02/16/21 1.64 2.873% $ 3,000,000.00 $ 2,965,500.00 - FNMA Bullet 3135GO120 1.375% _ 12/10/18 02/26/21 1.66 - 2.761% $ 3,000,000.00 $ 2,911,377.00 Treasury Note 912828890 2.000% 04/05/19 02/28/21 1.67 2.346% $ 3,000,000.00 $ 2,980,770.00 $ 12,000,000.00 FHLB Bullet - 3130AOXD7 2.375% 03/04/19 03/12/21 1.70 2.565% $ 3,000,000.00 $ 2,988,827.10 Treasury Note 9128284133 . 2.375% 01/29/19 03/15/21 1.71 2.587% $ 3,000,000.00 $ 2,986,890.00 FFCB Callable 3133EKEN2 2.520% 03/26/19 03/26/21 1.74 2.520% $ 3;000,000.00 $ 3,000,000.00 - Treasury Note 912828C57 2.250% 01/29/19 03/31/21 1.75 2.592% $ 3,000,000.00 $ 2,978,460.00 $ 12,000,000.00 FHLMC-1X Callable 3134GTEX7 2.500% 04/08/19 04/08/21 1.78 2.500% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EKGL4 2.440% 04/09/19 04/09/21 1.78 2.440% $ 2,000,000.00 $ 2,000,000.00 FNMA Bullet- 3135GOU27 2.500% 11/29/18 04/13/21 1.79 2.919% $ 3,000,000.00 $ 2,971,350.00 FHLMC Callable 3134GTJD6 2.500% 04/29/19 04/29/21 1.83 2.500% $ 3,000,000.00 $ .3,000,000.00 Treasury Note 912828Q78 1.375% 04/05/19 04/30/21 1.84 2.329% $ 3,000,000.00 $ 2,942,490.00 $ 14,000,000.00 FHLB Callable 3130AFAR8 3.100% 11/05/18 05/05/21 1.85 3.100% $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 3136GO3S8 1.650% 05/14/19 05/14/21 1.87 2.221% $ 2,000,000.00 $ 1,977,780.00 FHLMC Bullet 3134G9HB6 1.570% 05/15/19 05/17/21 1.88 2.243% $ 2,000,000.00 $ 1,973,757.70 FHLB Callable 3130AGG74 2.420% 05/21/19 05/21/21 1.89 2.420% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GTNP4 2.500% 05/28/19 05/27/21 1.91 2.500% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 9128281177 1.375% 05/03/19 05/31/21 1.92 2.3181A $ 3,000,000.00 $ 2,942,910.00 $ 15,000,000.00 FFCB Callable 3133EKRW8 2.100% 06/24/19 06/24/21 1.99 2.1001/ $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 Sub Total- General Investments $ 291;000,000.00 $ 288,027,800.00 $ 291,000,000.00 Regions Bank Money Market $16,841,414.16 Regions Lockbox Accounts - $247,993.00 TD Bank Checking Account $15,858,675.84 BankUnited Money Market $25,423,785.73 National Bank of Commerce CD 2.500% . 05/11/18 05/11/20 1.12 $6,298,742.03 Valley National Bank Government Interest Checking $20,587,376.70 Marine Bank Business Money Market $5,108,626.74 FL CLASS - BOCC Funds $15,236,187.07 Total General Cash & Equivalents = Unrestricted - $ 393,630,601.27 Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Utilities Debt Service Reserve - $ 52,822.60 Treasury Note 912828XV77 1.250% 06/30/17 06/30/19 - 1.345% $1,610,000.00 $1,610,000.00 Treasury Note 912828XY1 2.500% 07/02/18 06/30/20 1.00 2.538% $1,525,000.00 $1,532,975.75 Treasury Note 9128285Q95 2.750% 11/30/18 11/30/20 1.42 2.836% $1,045,000.00 $1,058,062.50 Total Restricted Bond Reserve -.adjusted for fair market value $ 4,253,860.85 Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves - $ 9,628,562.75 Total Pooled Cash & Equivalents $ 407,513,024.87 Restricted Cash - Health Insurance TD Bank - BCBS Claims Account $2,393,135.19 Citibank - BCBS Imprest Acct $84,000.00 Total Restricted Cash - Health Insurance $2,477,135.19 Restricted Cash - Housing Account - _ , $354,988.97 Total Portfolio $ 410,345,149.03 Note: See separate Investment report for OPEB funds. - - 49 2of2 Schedule 3 . Indian River County Portfolio By Maturity Date June 30, 2019 $300,000,000 $264,984,831 $250,000,000 $200,000,000 $150,000,000 $145;36031.8 $100,000,000 $50,000,000 $0 — 0-12 Months 13-24 Months Total Portfolio $410,345,149 50 Treasur Notes 25.25% Regions I Schedule 4 Indian River County Portfolio By Type June 30, 2019 FL CLASS 6.10% a �a FNMA 7.50% Al Bank 5.05% 3ank Checking 3.89% FHLB 15.08% Bk Comm CD 1.55% 51 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending June 30, 2019 PURCHASES: Investment Description Yield to Maturity Purchase Date Call Date Maturity Date Par Amount Book Value Treasury Note 2.346% 04/05/19 02/28/21 $ 3,000,000.00 $ 2,980,770.00 Treasury Note 2.329% 04/05/19 04/30/21 $ 3,000,000.00 $ 2,942,490.00 FHLMC-1X Callable 2.500% 04/08/19 10/08/19 04/08/21 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 2.440% 04/09/19 04/09/20 04/09/21 $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 2.500% 04/29/19 04/29/20 04/29/21 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 2.318% 05/03/19 04/29/19 05/31/21 $ 3,000,000.00 $ 2,942,910.00 FNMA Bullet 2.221% 05/14/19 05/14/21 $ 2,000,000.00 $ 1,977,780.00 FHLMC Bullet 2.243% 05/15/19 05/17/21 $ 2,000,000.00 $ 1,973,757.70 FHLB Callable 2.420% 05/21/19 08/21/19 05/21/21 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 2.340% 05/22/19 05/21/19 06/15/20 $ 2,000,000.00 $ 1,982,400.00 Treasury Note 2.311% 05/22/19 07/15/20 $ 2,000,000.00 $ 1,981,680.00 FHLMC Callable 2.500% 05/28/19 11/27/19 05/27/21 $ 2,000,000.00 $ 2,000,000.00 FHLMC Bullet 2.003% 06/05/19 09/29/20 $ 3,000,000.00 $ 2,985,300.00 FFCB Bullet 2.126% 06/10/19 07/10/20 $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 2.100% 06/24/19 06/24/20 06/24/21 $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 1.810% 06/26/19 09/28/20 $ 3,000,000.00 $ 2,983,860.00 16 $4 1,000,000.00 $ 40,750,947.70 MATURITIES: Investment Description Yield to Maturity Purchase Date Early Call Date Maturity Date Par Amount Book Value Treasury Note 1.332% 09/14/17 03/31/19 $ 2,000,000.00 $ 1,997,500.00 FHLMC Discount 2.392% 11/15/18 04/01/19 $ 3,000,000.00 $ 2,972,942.49 FHLB Discount 2.467% 11/15/18 04/09/19 $ 3,000,000.00 $ 2,970,879.18 FHLMC Bullet 1.422% 03/08/17 04/15/19 $ 3,000,000.00 $ 2,981,619.00 FHLMC Callable 1.410% 04/26/17 04/26/19 $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 2.680% 01/29/19 04/29/19 10/29/20 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 2.123% 03/28/18 04/30/19 $ 3,000,000.00 $ 2,971,875.00 FFCB Callable 1.615% 03/27/18 05/01/19 $ 2,000,000.00 $ 1,984,700.00 Treasury Note 1.273% 08/29/17 05/15/19 $ 2,000,000.00 $ 1,986,562.50 FFCB Callable 2.701% 05/10/18 05/21/19 11/02/20 $ 3,000,000.00 $ 2,998,500.00 FHLB Bullet 1.425% 05/24/17 05/24/19 $ 2,000,000.00 $ 1,999,000.00 FHLMC Callable 1.343% 08/29/17 05/28/19 $ 2,000,000.00 $ 1,992,500.00 FHLMC Bullet 1.789% 12/06/17 05/30/19 $ 3,000,000.00 $ 2,998,290.00 Treasury Note 2.306% 05/03/18 05/31/19 $ 3,000,000.00 $ 2,962,500.00 FFCB Callable 2.656% 05/03/18 06/05/19 08/03/20 $ 3,000,000.00 $ 2,998,050.00 FFCB Callable 1.390% 06/05/17 06/05/19 $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 1.375% 06/12/17 06/12/19 $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 2.450% 03/01/18 06/20/19 06/01/20 $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 1.467% 03/08/17 06/21/19 $ 3,000,000.00 $ 2,976,999.00 FHLB Bullet 1.416% 03/31/17 1 06/27/19 1 $ 2,000,000.00 $ 1,999,312.00 201 $ 51,000,000.00 $ 50,791,229.17 Reconciliation of General Investments Only`. Beginning portfolio (3/31/19) $ 298,068,081.47 Total purchased 16 securities $ 40,750,947.70 Total matured 20 securities $ 50,791,229.17 Ending portfolio for quarter (6/30/19) $ 288,027,800.00 52 1 oft October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/investment Accounts Comparison of Six Fiscal Years June 30, 2019 Fiscal Year 2013-2014 Net Chane Month End Bal* $ (7,076,226) $ 291,236,824 $ 13,411,135 $ 304,647,959 $ 33,565,914 $ 338,213,873 $ (1,632,096) $ 336,581,777 $ (1,988,485) $ 334,593,292 $ (474,129) $ 334,119,163 $ (6,034,807) $ 328,084,356 $ (5,237,557) $ 322,846,799 $ (11,441,367) $ 311,405,432 $ (3,166,797) $ 308,238,635 $ (8,103,393) $ 300,135,242 $ 1,774,852 $ 298,360,390 47,340 Fiscal Year 2016-2017 Net Chane Month End Bal* $ (6,856,660) $ 314,462,401 $ 29,862,090 $ 344,324,491 $ 37,277,098 $ 381,601,589 $ (931,868) $ 380,669,721 $ (2,015,776) $ 378,653,945 $ 442,916 $ 379,096,861 $ (2,740,420) $ 376,356,441 $ (4,378,477) $ 371,977,964 $ (6,628,797) $ 365,349,167 $ (10,868,408) $ 354,480,759 $ (9,027,471) $ 345,453,288 $ 5,877,090 $ 339,576,198 18,257,137 $ 7,860,609 Fiscal Year 2014-2015 Net Chane Month End Bal* $.(10,422,694) $ $ 287,937,696 $ 19,342,864 $ 307,280,560 $ 35,786,179 $ 343,066,739 $ (285,799) $ 342,780,940 $ (2,801,802) $ 339,979,138 $ 281,107 $ 340,260,245 $ (6,111,791) $ 334,148,454 $ (4,947,796) $ 329,200,658 $ (6,122,052) $ 323,078,606 $ (8,447,944) $ 314,630,662 $ (9,274,059) $ 305,356,603 $ 864,396 $ 306,220,999 $ 7,860,609 $ 29,278,971 Fiscal Year 2017-2018 Net Chane Month End Bal* $ (7,971,324) $ 331,604,874 $ 33,131,597 $ 364,736,471 $ 41,846,074 $ 406,582,545 $ (5,758,898) $ 400,823,647 $ 5,191,358 $ 406,015,005 $ (4,784,411) $ 401,230,594 $ 1,577,951 $ 402,808,545 $ (6,945,787) $ 395,862,758 $ (9,710,169) $ 386,152,589 $ (2,464,004) $ 383,688,585 $ (8,022,779) $ 375,665,806 $ 6,810,637 $ 368,855,169 $ 29,278,971 15,098,062 Fiscal Year 2015-2016 Net Chane Month End Bal* $ (8,105,518), $ 298,115,481 $ 25,830,326 $ 323,945,807 $ 35,536,011 $ 359,481,818 $ (373,573) $ 359,108;245 $ 906,675 $ 360,014,920 $ 256,335 $ 360,271,255 $ (5,220,820) $ 355,050,435 $ (2,730,213) $ 352,320,222 $ (8,065,869) $ 344,254,353 $ (7,588,170) $ 336,666,183 $ (8,369,612) $ 328,296,571 $ 6,977,510 $ 321,319,061 15,098,062 41,297,376 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes two health insurance bank accounts utilized by BCBS and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 53 Fiscal Year 2018-2019 Net Chane Month End Bal* $ (6,577,674) $ 362,277,495 $ 48,128,205 $ 410,405,700 $ 31,350,078 $ 441,755,778 $ (9,877,034) $ 431,878,744 $ 2,964,540 $ 434,843,284 $ (2,750,051) $ 432,093,233 $ (3,802,746) $ 428,290,487 $ (8,379,243) $ 419,911,244 $ (9,758,699) $ 410,152,545 41,297,376 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes two health insurance bank accounts utilized by BCBS and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 53 M: gLa��3 2 6 . �55 �_ �d�x�x$xxxx oX�egxxX��m�N2 xxxmNxxxx "t�9z oo o o a - - - - - -- -----rvrvrrvrvrvry rrvrvrvrrrvrr m0C4� XXXXNx-Xxxx -2-.2.x2 xxxxx2xxx -o ------------ -- rvrvrvrvrvry E rnSrvommmn� o�mm�em^rS n�ga �'c'S �.-rrpnnn�nnn -rvrrmmea��4�� n�nnnnnnn E'mmmmm'm 'm xx xxxxx,xgggM ........ - _ nn mmm nnnnnnn",�-n mmm g000. E x2xxXN O9- rvrrrvrrrr U N� n��iHmvtnn--? _c ait E 2..X XXXX2..X. 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Excludes two health insurance bank accounts utilized by BCBS for claims and the Section 8 HUD bank account. Schedule does not include OPEB investments - see separate report. 55 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 CPA, CGFO, CGMA TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 16, 2019 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 6/30/2019 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the third quarter of this fiscal year. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on August 15, 2019. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. 56 L x d 00 000 00 0 00 00 0 0 a . c C O O O 0 0 fn O O M O N O N N O Cl O Of m O Ot O O O O O O J > > c y O O N N N ON X C (1 W ff}1. E i O m m o Q m a 0 ° E E w' c oS n a U = Q -o "O H N E E r •- d a 'O •� a a y a L N t` n rl O fn O w O O O M M (P m m m i 0 0 0 olol nrl W t` b n N' .i l0 O N lD N N O t» i> i t0lf i Q N> O N O N to N n to 'ct N O N N M a M m O r O>� .W (T N N h rl' c N n N 0 fn t` ti b N W 0 0 0 N N O O b N tp O y '� �+ a a «, N ry� •o L M M lL. V fp N N N to h N N ON ON cs = z OZ - tip V C l0 Obi .�-� V N tU N� fA O T N r N fb 00 lD V ' - F � t0 _ l0 9 NY C 3 Ic N V1 Vl V? N N N m o m m N 1p n V (P r n tp N n e v N N o o b m n fn M M c V N M O O N I(1 (p N N fT M Y y r t` V n V N to fA N� W (U N tv1 A E ISA - F- Q1 = m F IA H w N GJ C p o Y Ei 3 CO M NO O O c O v v - a t U CC i w01 i n T' N N N N H h N 1= O V v C Q i N N M M O W l0 N Inn N N b n a H r N N n n N ` f6 W �+ �+ V .+ m fn o n 4!1 c v o v n m m W h � W �' � W w A n n Vl '7 00 N Vl Vl M N y n n N N lT N Iq R V^ tb N n N N W b C 0 M l0 N O W N N N N M L 'C( N N tM1 N VT N V1 Z Y Q L x d m T O v a C o a c X c Y a v A Y T � ao o tz E v � m U v v v v c F W J > > c T c — a a w r :02 X 3 ` a o T N ON X C (1 W ff}1. E i m m o Q m a 0 ° E E w' c oS n a o o -o "O H N E E r •- d a 'O •� a a y a L W O o o o o o E E E E E o o o E E E 4xox m M M m m m m m i 0 0 0 olol y .> J d O n b M N i> i t0lf i Q N> O N O N to N n to `. v Z o v O o000o N O O N O y 0 0 0 y O O O>� .W � C F• y '� �+ a a «, N •o L y W tr W lL. V m cs = z OZ L Oni N N la(1 I N I V -i W I t~D a cri fri M v .-i fri ri o Y A x d v a C o a c X c C - T T � ao o tz E v � N � W v v v c F W J > > ON X C (1 W ff}1. ti n N X a N U m m o Q m a 0 ° E E w' c oS n a o o H N [D m L L L L L =22. .0.2 t CC C C C C C C C C- C o o o o o E E E E E o o o E E E o o o E E E m M M m m m m m m m m 0 0 0 olol o olol olo O tT n tD m m m fA O n b M N n N O N O N to N n O O N Oni N N la(1 I N I V -i W I t~D a cri fri M v .-i fri ri o Y A c o o a c X c a° ao o tz E v E 0 i F T v v v c F W J > > i r kn JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: September 1, 2019 SUBJECT:. Subrecipient Award Contracts �VFR co 10 fy As part of the federal government requirement under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award, (commonly known as the Uniform Grant Guidance), subrecipient agreements must be entered into and approved by the Board of County Commissioners for anynew grants or updates to current grants. Based on the classification of grant recipients, the Senior Resource Association (SRA) is classified as a grant subrecipient. During fiscal year 2019, the Board was awarded grants and/or increases to existing grants. Per the requirements of the Uniform Grant Guidance, a subrecipient grant agreement must be approved with SRA that encompasses the newly approved grants and any modifications to existing grants. RECOMMENDATION. Approve the Indian River County Grant Subrecipient Award agreement with the SRA and execute any related documents. Indian River County Grant Contract Subrecipient Award This Grant Contract ("Contract") entered into effective this 10th day of September 2019, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach FL, 32960 ("County") and Senior Resource Association -SRA ("Subrecipient"),694 14"' Street, Vero Beach, FL, 32960, for providing and administering mass transit service for Indian River County. Background Recitals A. The County received the award (Exhibit A) from the Federal Transit Administration (FTA) and Florida Department of Transportation (FDOT) on the Award Date (Exhibit A). B. The Award is for planning, acquisition, construction, improvement and operating costs of facilities, equipment, and capital maintenance items used in public transportation. C. The Federal Award Identification Number ("-FAIN") for the Award, if applicable, is listed in Exhibit A. D. The Catalog of Federal Domestic Assistance ("CFDA') Number for the Award, if applicable, is listed in Exhibit A. The total dollar amount made available under the Award is $5,023,767. E. The indirect cost rate for the Award, including if the de minimis rate is charge, per federal regulations is based upon the County approved indirect cost allocation plan. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant. Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals: The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant: The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Research and Development: The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. 4. Term: The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) listed in Exhibit A ("Grant Period"). 59 Grant Funds and Payment: The approved Grant for the Grant Period is see Exhibit A ($5,023,767). The amount of federal funds obligated under this Contract by the County to the Subrecipient is see Exhibit A ($3,381,882). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County.. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs: Subrecipient is permitted to charge an indirect cost rate of 0% to the federal award because indirect costs are charged directly through an approved indirect cost allocation plan. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs). 7. Additional Obligations of Subrecipient. 7.1 Records: The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws: The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. 7.3 Quarterly Performance Reports: The Subrecipient shall submit quarterly, cumulative, Performance Reports to the Metropolitan Planning Organization Department of the County within fifteen (30) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to grant expenses and other statistics as required by the grant during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements: If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 60 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements: Subrecipient shall,: no later than October 1, 2019, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval; by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non-owned.autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit); and (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration: The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 61 7.7 Indemnification: The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records: The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this.Agreement. 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 of the County Attorney 180127 1h Street Vero Beach, FL 32960 8. Termination: This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 9. Notice and Contact Information: Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: 62 County: Kristin Daniels, Budget Manager Indian River County 1801 27th Street Building A Vero Beach, FL 32960 Subrecipient: Karen Deigl, President/CEO Senior Resource Association 694 14th Street Vero Beach, FL 32960 10. Availability of Funds: The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms: This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference. 12. Sovereign Immunity: Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Bob Solari, Chairman Attest: Jeffrey R Smith, Clerk of Courts & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator SUBRECIPIENT: By: Agency Name: Senior Resource Association Karen Deigl, President/CEO Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 63 0 N O O N� N N C'4 N p L(Y) O H a) O 0) p CM M N N CO N d 00000N MCflCe) �.; O T- O O O O O O Oro N E 't M V) Co O (fl I- M O Q r N M 0 O N N r O b9 EA M � N LO C\O 000 N CN O co O O O O O d IT- � � � N O O CF) 00 00 0) O O O Ln Cn Ln r r r r r r r M04 CO CO N CO r I- L r O N r N O t0 CO N L O cU 0000 O r r O O O O bi O O MCo O O O r- 00 00 I- C OO 0 0 ONO N 00 f� LOI-m O (0 O C lU) co Nt COO O Oro N E 't M V) Co O (fl I- M O Q r N M 0 N N Efl Efl to b9 EA Ela N CN O co CO O r.- LL IT- � � � N O O LL D 0 0 0 0 Ln Cn Ln CO LL LO u') LO LO O O O U 0 LO Lf) M Ln N N N O O L I- L r OCNOO 3 LOI-m Q Q CO N d Cfl (D (D opo (D N N LL LL LL C LL (0 'Q (0 U _ C O U C tf f6 �. C C U O N co cu CD(Dm cQ U C C C 0 Co O C m a) a> 0- C a n. c c w m >> ai 7i VL Q) Q) ` MCD O Y M In M ` Q O) rr C p V U U -O ` ` C O C L U O O d _ > m M ate+ o L Cn U) d EU ". (� U (n U 0) a) a) ,� •� :n cn LL U 0 N o o o O) 0000 p O) PC)P 0 0 in D fn LL LL LL LL N LL LL LL LL H F - EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1St may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not: limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. . Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." 65 EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT 1. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, ot.any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor: The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment: This Contract may not be assigned by the Subrecipient without the prior written consent of the County. 66 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 TO: IBoard of County Commissioners FROM: Elis.sa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller DATE: September 1, 2019 SUBJECT: County Capital Asset Inventories Annual physical inventories of capital assets are conducted for all BCC departments as well as the Clerk of Circuit Court & Comptroller, Property Appraiser, Supervisor of Elections, and Tax Collector. Per Florida Statute 274.02, the Finance Department staff has completed a detailed physical inventory of nearly 5,500 pieces of equipment. Assets to be removed from the County inventory must be presented to the Board for. approval per Florida Statute 274.07. Attached is the list of non -surplus items that must be removed based on the completed physical inventories. Recommendation: Staff recommends approval to remove the list of assets from the inventory system. 67 E o0 E U a U 3 U r W E •� 3 � v oa v EE5EZ E EEEcc p O cV cT ^aEc .�. c � �N �Uai .�U� a`2i a� va� 2� Yu $0 D O ` `7b c � C _ C�Oc -0 o 0 0 0 0 ti °R a 3 Y o, c o O t A R R x R 3 "" 3 u D 3 •3 •3 R 3 •3 •3 •3 •3 •3 �3 •3 u u m �a is R R C U U U O U U 3 d• y N N U U V U U o O O O '� O O 'O 'C '7 'O b C a 'D 'D •0 'O 'O 'O 'D O O O O O •b L 'L7 C. C N a •p y M U VU. R R U h y iy tUi� H R R R R N y R R 'p b 'D O y G C C 'O C 'gip. aci .� C G �O. •� �: ?? ^7 C C C C C C G m A A p H R A tcC ..N. E ccV U O� L E td e" �' R R R CF3 R A R h y O O OQUUUA, u cn .9 8n, cnUUcnLnV) cncn0cn0c)(ALn000UUUUAAAFF d O O O M 0 0 7 0 cr O O O O O V 0 7 0 O. O O O O O O O M O 0 0 0 0 0 0 0 0 O 7 O O O O:m O O O O o0 l� 0 0 0 Cl 0 0 0 ID 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 V1 rO 69 69 69 M 69 69 Vl 69 Il M 69 69 69 69 69 O 69 M 69 69 69 69 69 69 69 69 V1 "t0 69 69 69 69 69 69 69 69 69 V1 C` 69 69 69 V) W 66 DD 69 00 M �0 .2 4 ji 69 69 _ 69 M O 69 O 69 69 Qa "0 '0 �c w o0 M M l— -,t 7 VI c O O O O O O •--� .� .-+ C, C1 0 0 0 0 0 0 O O O O O -O Q1 O O O O O O O O O O O O O O O O O O O O O O O c, D\ 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N. N N N N N N N N N N N N N N z NQ N N NQ N N O �--� �--� — w O C, C\ 7 7 N M l— l- O O r Q N NC7, C\ N N Q— ci 01 T O\ O, CC, C, 10 C, CC, N �/1 O� Vl Vl V1 V1 V) -n Vl Vl 00 .-. .-. V Z �c 'D V u , a 0 0 C) Ua 11>1 nb 0 1),aL ar 0A w bq 00 w' y. y 0. :: u u R. j� E N C C •� C C 'C C C a U U C 3 N a o U °' c °' ' C c c' E v •.^Nr «N^, «�. o p o R S c� cn° R° oo R xi o P [ o C7 C7 U U Z A `v a`� v •� O v a a o ayEi U R to a4 =N 3 c aci �N�^+00 v �v3 o4,-0> 4v� c o � E Ep o > > �o G W ^ = .E a o Q Q Q Q d d d d a U d d U v N �� :� oo�� 3 c.E c vo W W N �wwwwwwwwx EAc ofllx �UU� U �c A t °° w ° °O R R R aR U U o 0 0 0 0 0 0 0 C o o A o wo W x a OA ' • • O o o 0 a� o4R. aRi DR.o UNxW° VFnN+ W a70W aN N L d .0 a 30o Q WdC7 QQQCq W U A oo Cl d C\ O M Vl V1 �O M M M 01 l� C` N Vt O V) 00 O M 1p M -+ M Vn \D N C\ �I' Vl l— r-- O N '0 Vl C` C` C` C` MC1 D1 lO M M O G� Vl O Vl l0 M Cl Cl M O O 00 00 M 00 DD h O .--� 00 C1 O �O �D ',I -ID C\ N N N Vl �O O M 7 M M N N M O r- N N N M (� C` N N N N M. N N N N N N N N N_ N N N M N N N N N N N N N N .-. N N N �•-� N N N N x v c a o E N 0 c c c c C c c C c c c C c c y U O O O O O O O O O O O O O O Ca � C is id m is is •ia •ia is id is m •�. •ia •� O O O O O N O 0 0 0 0 0 0 0 .y d e`a F a`i ai o dddddQdQdddddd C •�, C C d A E E E w E• � E E •�. E E E E E E E +�- E�� aci v aci CarE aci aci aci aci o x c o R a a a a a a a a a a a a a a E E E.E E E E E E E aoi o Q Q Q p o 0 o y E •a a ai ai ai v a`Ri ai ai ai ai m ca A m aaaCLC.0. aaa 0. U o ow o "0 �., 0 0 .� - o `O_ o 0 0 0 0 0 0 0 0 . W a, a. C4 P4U)wP.FFFHcncncncncncnvnv)cncncncncnrnLl. 'wwwwwwww'w N M 7 Vl r oo a\ O= N M 7 ut r` 00 Q1 CD N M- ut b r m C, O '•-� - Nm V ut '0 r` w C, .-r--�------�--� '-.-. N N N N N N N N N N M M- M M M M M M M M JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Internal Audit Division 2000 16" Avenue Vero Beach, FL 32960 Telephone: (772) 226-3280 TO: Board of County Commissioners FROM: Edward Halsey, Internal Audit Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 29, 2019 !&co PTS e� O< 1 � � ti R��FR co'ek, SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 06/30/2019 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in the Clerk's office for quarters ended June 30, 2018 and 2019. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. 69 0 ao�000 0 ri O ^y T '2 C, -,I- M 00 m R O �O •-.• N O [� �G C it Vl \p (+1 it O p �p C Fiv n 6s sA fA ss c R U o 0 0 0 a v� �n In 0 o N C R U 00 ° o 00 � N Vl Cr O a\ N a> s. 00 5q v ti o w M a o p d b 0 b ° W Got) a� i v 3 U [ ti > a0+ N C 0 0 0 0 0 0 y �" ,N -i N Orb N M O y y o b C as 0 0 '> . 00 vl lO O O O10 00 ,--� O CC l� V\lc� it N O� N oo l� N O b a' d R O\ 'n N� Vl 1.9) O •-• M a O O orb d aoq 6 0 o- •« C Nom U O C a>i o i 0 y September 10, 2019 ITEM 8 Consent ii INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 23, 2019 SUBJECT: Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal Year 2019/2020 (October 1, 2019 through September 30, 2020) FROM: Tina Cournoyer, Executive Assistant to County Administrator DESCRIPTION AND CONDITIONS: Presently, Commissioners sit on committees for which out of county travel may be required to attend assigned committee meetings (example: Treasure Coast Regional Planning Council). Additionally, Commissioners, County Officers, and Staff may need to attend legislative conferences, policy conferences, and meetings scheduled by Florida Association of Counties, National Association of Counties and local or regional legislative programs. There are also occasions when it is necessary for Commissioners, County Officers, and Staff to travel to Tallahassee or other locations in the State to meet with State Representatives, State Senators, and State Agencies such as the Department of Environmental Protection, Department of Transportation, and others. Commissioners, County Officers, and Staff may also need to travel out of County in relation to lobbying efforts for the County's various projects, grants, and legislative priorities or other proposed legislation. In addition, Commissioners, County Officers, and Staff may need to attend meetings or hearings related to All Aboard Florida/BrightlineNirgin Trains. FUNDING: Funding for this travel has been included in the Fiscal Year 2019/2020 budget. RECOMMENDATION: Approval is recommended for Commissioners, County Officers, and Staff to travel out of county for current and future assigned committee meetings; Florida Association of Counties, National Association of Counties, and local or regional legislative conferences or programs; approved lobbying efforts including travel to Tallahassee when necessary; and All Aboard Florida/BrightlineNirgin Trains meetings or hearings during the 2019/2020 Fiscal Year. 71 givER Office of the o� �Z INDIAN RIVER COUNTY FLoRo� ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: August 23, 2019 SUBJECT: Authorization to Attend FGFOA and GFOA Annual Conferences and FGFOA School of Government Finance In the County Administrator's approved budget for the 2019-2020 Fiscal Year, the Board approved the Administrator's request to attend the Government Finance Officers Association Annual Conference, the Florida Government Finance Officers Association Annual Conference, the Florida Government Finance Officers Association School of Governmental Finance and the quarterly meetings of the Treasure Coast Chapter of the Florida Government Finance Officers Association. The County Administrator is hereby confirming authorization to attend the 2019 FGFOA School of Governmental Finance; the 2020 GFOA Annual Conference; the 2020 FGFOA Annual Conference; and the quarterly meetings of the Treasure Coast Chapter of the Florida Government Finance Officers Association. Funding was included and approved in, the 2019/2020 FY budget in General Fund/County Administrator/All Travel acct# 00120112-034020 and General Fund/County Administrator/ Tuition/Registration acct# 00120112-035430. 72 Carole Jean Jordan, CFC Tax Collector How MAY WE HELP You?" MEMORANDUM TO: Jason Brown, County Administrator FROM: Carole Jean Jordan, Tax Colle or SUBJECT: Consent Agenda Item DATE: August 15, 2019 Please place the following item on the Consent Agenda for the Board of County Commissioners meeting on Tuesday, September 10, 2019. The Property Appraiser's office has informed us that due to the scheduling of the Value Adjustment Board hearings, it will be necessary for them to certify the 2019 tax roll to us prior to the conclusion of the hearings. Pursuant to Florida Statute 197.323 (see attached excerpt), I am requesting that the Indian River County Board of County Commissioners order the tax roll to be extended prior to the completion of the Value Adjustment Board hearings. The statute. gives the Board this authority. if completion of the hearings would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1, 2019. Should you have questions or if I may be of any assistance, please feel free to contact me at extension 1337. Thank you for your attention to .this matter. P.O. Box 150% Vero Beach, FL 32961-150.9 E-mail: TaXCollector(Tirda)Uom Website: www.irctax.com Phone: (772)226-1338 Fax(772)770-5009 73 Statutes & Constitution :-View Statutes : Online Sunshine. The 2o18. Florida Statutes http://vvtvw.leg.staie.fl.us/statuteslinde-x.cfin"mode=View Statutes&. Select Year: 2018 Go Title XIV Chapter 197 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS 197.323 Extension of roll during adjustment board hearings.— (1) Notwithstanding the provisions of s. 193.122, the board of county commissioners may, upon request by thetax collector and by majority vote, order the roll .to be extended prior to completion of value adjustment board hearings, if completion thereof would otherwise be the only cause for a detay in the issuance of tax notices beyond November 1. For :any parcel for which tax liability is subsequently altered as a result of board action, the tax collector shall resolve the matter by following the same procedures used for correction of. errors. However, approval by the department is not required for refund of overpayment made pursuant to this section. (2) A tax certificate or warrant shall not be issued under s. 197.413 or s. 197.432 with respect to delinquent taxes on real or personal property for the current year if a petition .currently fited with respect to such property has not received final action by the value adjustment board'. History.—s. 156, ch. 85-342, s. 163, ch. W02. Copyright,0 1995-2018 The Florida Legislature - Privacy Statement i Contact Us 74 1 of 1 81712018, 9.'05 AM CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Etta LoPresti, Emergency Management Coordinator DATE: September 5, 2019 SUBJECT: Approval of 2019/2020 State Funded Subgrant Agreement to Update Indian River County's Hazards Analysis It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The State of Florida provides funding for each county to conduct a hazards analysis as part of the overall Emergency Management preparedness mission. The hazards analysis identifies sites that may contain hazardous materials and the vulnerable areas near these facilities. This is part of the overall Emergency Management Hazardous Materials Plan. This year, the State of Florida has provided an agreement that covers the scope of work for this project. The funding allocated by this agreement to Indian River County is $3,051.00. Completion of this analysis will allow accurate data when planning for response and recovery in Indian River County. FUNDING: This is a fixed fee, performance based agreement and there is no requirement to match the allocation with county funds. Additionally, all work will be performed by county staff and there are no other associated costs. Account Number Amount 00120825-035290-06807 $3,051.00 RECOMMENDATION: Staff recommends approval of this agreement and acceptance of the funding provided in the agreement. ATTACHMENTS: 1. Indian River County Office of Budget and Management Grant Form 2. Two (2) Original Copies of Contract for Chairman's Signature 75 GRANT NAME: Hazardous Analysis Grant GRANT # AMOUNT OF GRANT: $ 3,051.00 DEPARTMENT RECEIVING GRANT: Emergency Services Description Position CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3859 1. How long is the grant for? 1 year Starting Date: July 1.2019 Position 011.12 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% $ $ 5. Grant match amount required $ N/A 012.11 1 Social Security 6. Where are the matching funds coming from (i.e. In Kind. Services; Reserve for Contingency)? N/A $ 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or start up costs Retirement -Contributions N/A (Attach a detail listing of costs) $N/A 8. Are you adding any additional positions utiIizin the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A Second Year $N/A $ $ 011.13 Other Salaries & Wages (PT) N/A $ $ $ Fourth Year 012.11 1 Social Security N/A $ Fifth Year $ $ 012.12 Retirement -Contributions N/A 012.13 Insurance -Life & Health N/A 012.14 Worker's Compensation N/A 012.17 S/Sec. Medicare Matching N/A TOTAL N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A $ N/A $3,051.00 Second Year $N/A $ $ $N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 10. What is the estimated cost of the grant to the county over five years? Signature of Preparers Date: August 6, 2019 76 Grant Amount Other Match Costs Not Covered Match Total First Year $3,051.00 $ N/A $ N/A $3,051.00 Second Year $N/A $ $ $N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparers Date: August 6, 2019 76 Agreement Number:. STATE -FUNDED GRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services.identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the Terms and Conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) LAWS, RULES, REGULATIONS, AND POLICIES a. As required by Section 215.971(1), Florida Statutes, this Agreement includes: A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient is required to perform. ii. A provision dividing the Agreement into quantifiable units of deliverables that must be received and -accepted in writing by the Division before payment. Each deliverable must be directly related to the Scope of Work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the Agreement. iv. A provision specifying that.the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division.. vi. A provision specifying that any 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 Division. b. In. addition to. the foregoing, the Recipient and the Division shall be. governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment E. c. Any express reference. in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. 77 (2) CONTACT a. In accordance with Section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's Terms and Conditions and shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. L Monitor and document Recipient performance; and, ii. Review and document all deliverables for which the Recipient requests b. The Division's Grant Manager for this Agreement is: Donna. T. Ray 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4314 Email: donna. ray@em.myflorida.com c. The name and address of the representative of the Recipient responsible for the administration of this Agreement is: Tad Stone, Director Indian River County Dept. of Emergency Services 4225 43rd Avenue, Vero Beach, FL 32967 Telephone: (772) 226-3859 Email: tstone@ircgov.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (4) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (5) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (6) SCOPE OF WORK 2 78 The Recipient shall perform the work in accordance with.the Scope of Work, Attachment B of this Agreement. (7) .PERIOD OF AGREEMENT This Agreement shall begin July 1, 2019 and shall end on June 30, 2020, unless terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. In accordance with Section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of. agreement. (8) FUNDING a. This is a fixed -fee Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida. Constitution. c. The Division will pay the Recipient only for the successful completion of each deliverable. The maximum payment amount for each deliverable is outlined in Attachment A of this Agreement ("Budget"). The maximum payment amount for the entirety of this Agreement is $3,051.00. d. The Division will review any request for payment by comparing the documentation provided by the Recipient against a performance measure, outlined in Attachment C, which clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. e. The Division's Grant Manager, as required by Section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the period of agreement and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Recipient. f. For the purposes of this Agreement, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and. underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. 79 g. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. (9) RECORDS a. As a condition of receiving State financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such. documents. For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: hftp://dos.mvflorida.com/librarv- arch ives/records-management/genera I-records-sched u les/. c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three (3), basic requirements: (1) all meetings of public boards or.commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded.. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to.a governmental entity and.uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that: volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. 4 :1 d. Florida's Public Records Law provides a right of access to the.records of the State and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law.. e. The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Scope of Work - Attachment B - and all other applicable laws and regulations. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156,. Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (10) AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP''has the meaning specified in.accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." b. When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to 911 the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance: d. The Recipient shall have all audits completed by an independent auditor, which is defined in Section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audits must be received by the Division no later than nine: (9) months from the end of the Recipient's fiscal year. e. The Recipient shall send copies of reporting packages required under this paragraph directly to each of the following` i. The Division of Emergency Management DEMSingle Audit(a)em.myFlorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Ji. The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (11) REPORTS a. The Recipient shall provide the Division with progress reports and a Close -Out Report in accordance with Attachment.C. These reports shall include the current status and progress by the Recipient and all Sub:Recipients and subcontractors in completing the work described in the Scope of Work, in addition to any other information requested by the Division. b. The Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs first. c. If all.required reports and copies are not sent to the Division or are not completed in.a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. d. The Recipient shall provide additional program updates or information that may be required by the Division. e. The Recipient shall provide additional reports and information identified in Attachment C. (12) MONITORING [:1 RE a. The Recipient shall. monitor its performance under this Agreement, as well as that of.its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be donefor each function or activity in Attachment C to this Agreement and reported in the Quarterly Report. b. In addition to reviews of audits conducted in accordance with Paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division 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 Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the period of agreement to ensure timely completion of all tasks. (13) LIABILITY a. Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performed .under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division but.is an independent contractor. b. Any Recipient which is a State agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. (14) DEFAULT If any of the following events occur ("Events of Default'), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and: the Division has the option to exercise any of its.remedies set forth in Paragraph (15) REMEDIES. However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to 7 E -IN .keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. If material adverse changes occur in the financial condition of the Recipient at any time during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division. c. If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; d. If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (15) REMEDIES If an Event of Default occurs, then the. Division shall, after thirty.(30) calendar days written notice to .the Recipient and upon the Recipient's .failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail,.postage prepaid, by Registered MailTm or Certified Mail®, Return Receipt Requested, to the address in Paragraph (2) CONTACT herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require, that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: L request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv: require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. . Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any 0 other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient.. (16) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance .with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of this Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from. the Recipient is determined. (17) SUBCONTRACTS if the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it. is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the. subcontractor is bound by all applicable State and Federal laws and regulations, and.(iii).the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the Quarterly; Report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. (18) ATTACHMENTS a. All Attachments to this Agreement are incorporated as if set out fully. P b. -In the event of any inconsistencies or conflict between the language of this Agreement and the Attachments, the language of the.Attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following Attachments: Exhibit 1 - Funding Sources Attachment A — Budget Attachment B — Scope of Work Attachment C — Deliverables and Performance Attachment D — 302 Facilities List Attachment E — Program Statutes and Regulations Attachment. F — Financial Invoice Form Attachment G — Justification of Advance Payment Attachment H — Warranties and Representations Attachment I — Certification Regarding Debarment Attachment J — Statement of Assurances Attachment K— Hazard Analysis Checklist Attachment L — Hazard Analysis Site Visit Certification Form Attachment M — Statement of Determination Attachment N — Close -Out Reporting Form (19) PAYMENTS a. Any advance payment under this Agreement is subject to Section 216.181 (16), Florida Statutes. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall be included in this Agreement as Attachment G. Attachment G .will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a fixed -fee basis as needed. b. Invoices shall be submitted in accordance with Attachment C and shall include the supporting documentation for the project or services. The .final invoice shall be submitted within sixty (60) days after the expiration date of the Agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Recipient's Quarterly Reporting as referenced in Paragraph (11) REPORTS of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the Federal Office of Management and Budgeting, the State Chief Financial Officer or under Paragraph 8 of this Agreement, all obligations on the part of the Division to make any 10 :M further payment of funds shall terminate, and the Recipient shall submit its Close -Out Report within thirty (30) days of receiving notice from the Division. (20) REPAYMENTS .All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management," and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (21) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and.materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue. for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable Statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. This:Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. The Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. f. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods 11 or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real. property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. g. Any Recipient which is not a local government or State agency, and which receives funds under this Agreement from the State government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; ii. Have not, within a five (5) -year period preceding this. Agreement been convicted of or had a civil judgment rendered against it for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under public transaction; violation of Federal or State Antitrust Statutes or commission of embezzlement, theft; forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a.governmental entity (Federal, State or local) with commission of any offenses enumerated in Paragraph (21)(g)(ii) of this certification; and iv. Have not within a five (5) -year period preceding this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment 1) for each intended subcontractor that Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. h. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. i. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. j. Any bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 12 RK k. The. Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes; which the Recipient created or received under this Agreement. I. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. m. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. o. All expenditures of State financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. p. This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement. q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. r. Section 287.05805, Florida Statutes, requires that any State funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the State a security interest in the property at least to the amount of State funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. s. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (22) LOBBYING PROHIBITION 13 M a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the Judicial Branch, or a State agency." b. No funds or other resources received from the Division under this Agreement may be: used directly or indirectly to influence Legislation or any other official action by the Florida Legislature or any State agency. (23) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING .UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. a. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. b. if any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall. refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement that he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights that accrue during performance of this Agreement. d. If the Recipient qualifies as a State University under Florida :law, then, pursuant to Section 1004.23, Florida Statutes, any 'invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable,fully-paid, nonexclusive license; for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. 14 &11 (24) LEGAL AUTHORIZATION The Recipient certifies that it has thelegalauthority to receive the funds under this Agreement and ;that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms :of this.Agreement. (25) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment J 15 91 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: By:. Name and title: Date: FEID# Include a copy of the Delegation of Authority for the Signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Jared Moskowitz, Director Date:. 16 92 EXHIBIT —1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project - State awarding agency: Florida Division of Emergency Management Catalog of State Financial Assistance Title: Hazardous Materials Planning $ Prevention Program Catalog of State. Financial Assistance Number: 31.067 $3,051.00. COMPLIANCE REOUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS.FOLLOWS: 1. Florida Emergency Planning and Community Right -To -Know Act (Chapter 252, Part II, Florida Statutes) 2. Hazards Analysis :Contract Checklist and CAMEOfm Guide (Attachment K) 3. U.S. Environmental Protection Agency's Technical Guidance for Hazards Analysis https:/Iwww.epa.gov/epera%tech nical-quidance-hazardous-analysis-emergency-plan hing- extremely-hazardous-substances NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient. 17 93 Attachment A Budget Recipient: Performance Period: Agreement Number: 1. First Payment (40% of Contract. Amount) $ (25% Hazards Analysis Submitted and Accepted) 2. Second Payment (40% of Contract Amount) $ (25% Hazards Analysis Submitted and Accepted) 3. Final Payment (20% of Contract Amount) (HA's Approved, Notifications, Zip Files Uploaded) TOTAL AMOUNT $ 18 94 Attachment B Scope of Work Purpose On October 17, 1986, Congress enacted the Emergency Planning and Community Right to Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA). EPCRA requires hazardous chemical emergency planning by Federal, State and local governments, Indian Tribes, and industry. Additionally, EPCRA required industry to report on the storage, use and releases of certain hazardous materials (HazMat). At the Federal level, the U.S. Department of Environmental Protection Agency (EPA) administers EPCRA. At the State level, the Florida Division of Emergency Management (FDEM) serves as the lead agency responsible for oversight and coordination of the local planning efforts required by EPCRA. Chaired by the Director of FDEM, the State Emergency Response Commission for Hazardous Materials (SERC) serves as a technical advisor and information clearinghouse for State and Federal hazardous materials (HazMat) programs. Additionally, the SERC conducts quarterly public meetings in varying locations throughout the State. Currently, SERC membership consists of 28 Governor -appointed individuals who represent the interests of State and local government, emergency services, industry and the environment. At the district level, Regional Planning Councils (RPCs) each coordinate the activities of a Local Planning Committee (LEPC) that: (1) performs outreach functions to increase hazardous materials (HazMat) awareness; (2) collects data on hazardous materials stored within the geographical boundaries of the RPC; (3) develops hazardous materials emergency plans for use in responding to and recovering from a release or spill of hazardous or toxic substances; (4) submits hazardous materials emergency plans to the SERC for review; (5) provides the public with hazardous materials information upon request. LEPC membership consists of local professionals representing occupational categories such as firefighting, law enforcement, emergency management, health, environment, and transportation. At the local level; each of Florida's 67 Counties performs a Hazards Analysis (HA) (a county may elect to contract to the Regional Planning Committees (RPC) or qualified vendor). The Counties' Hazards Analysis (HA) is used as input for the LEPC Emergency Response Plan (ERP) for Extremely Hazardous Substances (EHSs) required under EPCRA and encompasses; identification of facilities and transportation routes of Extremely Hazards Substances (EHS); description of emergency response. procedures; designation of a community coordinator and facility emergency coordinator(s) to implement the plan; outline of emergency notification procedures; description of how to determine the probable affected area and population by releases; description of local emergency equipment and facilities and the persons responsible for them; outline of evacuation plans; a training program for emergency responders; and, methods and schedules for exercising emergency response plans. This Agreement provides funding so that the Recipient, can assist in maintaining the capability necessary to perform the duties and responsibilities required by EPCRA. The Recipient shall update the Hazards Analysis (HA) for all facilities listed in Attachment D, which have reported to the State Emergency Response Commission (SERC) the presence of those specific Extremely Hazardous Substances (EHSs) designated by the U.S. Environmental Protection Agency in quantities above the Threshold Planning Quantity (TPQ). The data collected under this Agreement will be used to comply with the planning requirements of the Superfund Amendments and Reauthorization Act of 1986, Title III, "Emergency Planning and Community Right -To - Know Act of 1986" and the Florida Emergency Planning and Community Right -To -Know Act, Florida Statutes, Chapter 252, Part II. 19 95 Requirements A. The Recipient shall submit a list of facilities within the geographical boundaries of the County listed on Attachment D that are suspected of not reporting to the State Emergency Response Commission (SERC) the presence of Extremely Hazardous Substances (EHSs) in quantities above the Threshold Planning Quantity (TPQ), as designated by the U. S. Environmental Protection Agency. B. The completed Hazards Analysis (HA) shall comply with the site-specific Hazards Analysis (HA) criteria outlined below for each facility listed in Attachment D. The primary guidance documents are Attachment K (Hazards Analysis Contract Checklist and CAMEOfm Guide) to this Agreement and the U.S. Environmental Protection Agency's "Technical Guidance for Hazards Analysis". at; https://www epa gov/epera/technical-quidance-hazardous-analysis-emergency-planning- extremely-hazardous-substances. All Hazards Analyses (HA) shall be consistent with the provisions of these documents. Any variation from the procedures outlined in these documents must be requested in writing, submitted in advance and approved by the Division. C. Consult the Tier II Report in E -plan prior to any on-site visits or phone updates for all facilities to be updated. Compare the E -Plan Report with information in the CAMEOfm Facility Page for each facility. Discuss any discrepancies with Facility Representatives during the on-site visit. D. Conduct anon -site visit at each Attachment D facility to ensure accuracy of the Hazards Analysis (HA). Each applicable facility s Hazards Analysis (HA) information shall be entered into the U.S. Environmental Protection Agency's CAMEOfm http://www.epa.gov/cameo/cameo-software. Each facility: Hazards Analysis (HA) shall include, but is not limited to, the following items: 1. Facility Information (CAMEOfm Facility Page) (a) Enter the facility name (per Attachment D) in the Facility Name field. (b) Enter the SERC number in the Department field. (Do not add the SERC Acronym just the number). (c) Enter the Tier II Report year in the top right-hand corner of the main Facility Page. (d) Enter the facility physical address (no Post Office Box) in the Street Address fields of the Address tab. (e) Enter the geographic coordinates (in decimal degrees) in the latitude/longitude fields of the Map Data tab. (f) Enter the Facility phone number in the Facility Phones tab field. (g) Enter the name, title and 24-hour phone number of the designated facility emergency coordinator in the Contacts tab field. (h) Enter the main route(s) used to transport chemicals to the facility (from the County line to the facility) in the Notes tab of the Facility Page. .(i) Enter the route(s) used to exit the Threat Zone(s) in the Notes tab of the Facility Page or link the facility to a Marplot map that graphically shows the evacuation routes. This image must be available off-line if this alternative method is selected. A map - capture from Marplot may be saved as an alternative method. 20 96 lj) Enter any past reportable releases that have occurred in the last five (5) years at the facility in the Notes tab of the Facility Page. Include a copy of the Section 304 follow- up report submitted to the LEPC. If it is determined that a facility has not had an accident, that shall be noted. (k) Enter the maximum number of occupants present at the facility at any given time in the Maximum Number of Occupants Fields on the ID and Regs tab. (1) Select either the manned or unmanned check box and if the facility is subject to Section 112(r) and/or Section 302 of EPCRA. (All facilities should be subject to Section 302 unless a Statement of Determination (SOD) was submitted). 2. Hazard Identification (CAMEOfm Chemical in Inventory Page) (a) For each Extremely Hazardous Substance (EHS) present over the Threshold Planning Quantity (TPQ), create a Chemical in Inventory page (if a Chemical in Inventory page hasn't been created already) and enter the proper Chemical Name and Chemical Abstract Service (CAS) number. (b) Choose the appropriate description for the Type of Storage Container (drum, cylinder, tank etc.), Storage Pressure (ambient, greater than ambient etc.) and Storage Temperature (ambient, greater than ambient etc.) of each Extremely Hazardous Substance (EHS) in those fields on the Location tab. (c) On each Chemical in Inventory page, created for each Extremely Hazardous Substance (EHS) present over the TPQ, enter in pounds (not range codes) the maximum quantity of each Extremely Hazardous Substance (EHS) in the Max Daily Amount field of the Physical State and: Quantity tab. (d) Enter the amount (in pounds) of each Extremely Hazardous Substance (EHS) stored in the largest container or interconnected containers in the Max amount in largest container field of the Physical State and Quantity tab (this is the amount used to determine the Vulnerable Zone in the scenario). (e) Enter the Nature of the Hazard in the Physical State and Quantity tab section in the Hazards subtab (acute, chronic, fire, pressure, etc.)._ See CAMEOfm Chemicals at the top right and click box — look -up "Chemical". 3. Vulnerability Analysis (CAMEOfm Scenario Page) (a) For each Extremely Hazardous Substance (EHS) present over the Threshold Planning Quantity (TPQ), create a New Scenario page (if a Scenario page hasn't been created already) and enter the:maximum amount in the largest container or interconnected containers in the Amount Released field of the Scenario Description tab. (b) On the Scenario page(s) Scenario Description tab, enter the concentration percentage in the Concentration field. (c) On the Scenario page(s) Scenario Description tab, enter the release duration in the Release Duration field as follows: (1) Gases —10 minutes 21 97 (2) Powders or Solids .in Solution =10 minutes (3) Liquids -- No value shall be entered (d) Enter the proper natural physical state of the chemical at room temperature in the physical state field, (as specified in CAMEOfm Chemicals). (e) On the Scenario page(s) Scenario Description tab, use the weather default settings or, enter average wind.speed. Alternate scenarios may also be entered. (f) On the Scenario page(s) Scenario Description tab, rate the Risk, Consequences and Overall Riskof a release occurring at the facility on the bottom of the Scenario Page (the Risk Assessment should be based upon the Extremely Hazardous Substance EHS), previous release history, maintenance conditions etc.). (g) After entering the information noted above on the Scenario Description tab and clicking on the Estimate Threat Zone Radius button, CAMEOfm will automatically estimate the extent of the threat zone that may cause. injury or death to human populations following a release. (h) On the Scenario page(s) notes tab, enter an estimate of the total exposed population within the threat zone(s) or link the facility location to a Marplot map where the threat zone population may be estimated based on the most recently available Census data. This image must be available off-line if this alternative method is selected. A map -capture from Marplot may be saved as an alternative method. If using this method upload the map data image to the CAMEOfm Site Plan tab/Facility page and also write on the Notes tab/Scenario page where the Total Exposed Population can be found. Add the file name. (Example: Total Exposed Population: See Marplot map (name of map SERC#TEP) (i) On the Scenario page(s) notes tab, identify each critical facility. by name and maximum expected occupancy within the threat zone(s) (schools, day cares, public safety facilities, hospitals, etc.). If there are no critical facilities within the threat zone(s), that shall be noted. An alternative method is to link the facility location to a Marplot map in which a critical facilities geographic shape filed has been loaded. If using this method upload the map data image to the CAMEOfm Site Plan tab/Facility page and also write on the Notes tab/Scenario page where the Critical Facility information can be found. Add the file name. (Example: Critical Facilities: See Marplot map (name of map SERC#CF). E. Supporting documentation in the form of Site Visit Certification Form, Statement of Determination or dated letter or email to the SERC, LEPC, and local fire department from the facility identifying the reason the EHS is no longer present shall be submitted to the Division with a list of the facilities for which a Hazards Analysis (HA) was not completed. F. On -Site Visits Conduct a detailed on-site visit, within the period of this Agreement, for all the facilities selected for review this grant cycle from Attachment D. Confirm the accuracy and completeness of information in the Hazards Analysis (HA). Upload to the Facility Page Site Plans Tab. 2. Submit a completed Hazards. Analysis Site Visit Certification Form (Attachment L) for each facility visited to the Division (file name must contain at minimum the SERC number, if applicable, and the acronym SV. If SERC number is not available, facility 22 name, and the acronym SV — additional info allowed but not required). Upload to the Site Plan Tab of the CAMEOfm Facilities Page for each facility visited or updated by phone. (a) Sulfuric Acid (Battery) Exemption facilities. On -Site visit exception for sulfuric acid. (batteries), does NOT apply to bulk storage of sulfuric acid. (1) For facilities listed on Attachment D that report the presence of only sulfuric acid in batteries, an initial on-site visit is required and an on-site visit form (Attachment L) signed and dated by the facility representative and the Recipient shall be submitted to the Division. (2) In agreements subsequent to the initial on-site visit, the Recipient shall contact the facility representative by email or telephone to verify the presence of all Extremely Hazardous Substances (EHSs). The on-site visit form shall be signed by the Recipient and identify the facility representative, date -of contact and the facility name and SERC number. Another on-site visit is not required in subsequent agreements, unless, the facility reports the presence of another Extremely Hazardous Substance (EHS) above Threshold Planning Quantity (TPQ). Nothing additional needs to be updated except new contact information, site plans or sulfuric acid battery changes if applicable. (3) If a facility representative reports the presence of an Extremely Hazardous Substance other than sulfuric acid in batteries, subsequent to the period of agreement in which the initial site visit was conducted, the Recipient shall conduct an on-site visit, complete all applicable CAMEOfm pages and tabs and submit a completed on-site visit form,(Attachment L) to the Division. 3. For each facility for which a Hazard Analysis (HA) is conducted, a Site. Visit Certification Form (SV), Site. Plan (SP), and a Statement of Determination (SOD), if applicable must be UPLOADED to the site plan tab of the CAMEOfm Facilities Page. File name must contain at a minimum, the SERC number, if applicable, and the acronym SV., SP, and SOD, .if applicable (additional info allowed but not required). The Site Plan (SP) shall contain sufficient detail to provide situational awareness and at a minimum include: (a) Location of Major Buildings. North Arrow (b) Name and location of Extremely Hazardous Substance(s) (EHS(s)). If Extremely Hazardous Substances are co -located, noting EHS is acceptable. (c) Provide sufficient detail to identify where the Extremely Hazardous Substances (EHS) are stored. (d) Name and location of street(s) in immediate vicinity, provide minimum of one cross street and street facility is located on. North Arrow. (e) Identify pertinent access and egress point(s) (f) Note any additional features and details pertinent to HazMat and medical response. 23 99 G. Deliverables.— See Attachment C Deliverables and Performance. All Deliverables shall be submitted through SharePoint or the Division's secure FTP server. When Notifications are sent, the Division must receive transmittal documentation. A final Division -approved CAMEOfm zip file must be uploaded to SharePoint. REIMBURSEMENT CONDITIONS Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for successful completion of the deliverable task(s) required by this Agreement. However, the following limitations shall apply: First payment, the Division shall not reimburse the Recipient for an amount that exceeds 40% of the overall amount authorized by this Agreement unless the Recipient completes multiple deliverables. Second payment, the Division shall not reimburse the Recipient for an amount that exceeds 40%. of the overall amount authorized by this Agreement unless the Recipient completes multiple deliverables. Third payment, the Division shall not reimburse the Recipient for an amount that exceeds 20% of the overall amount authorized by this Agreement unless the Recipient is submitting for multiple deliverables. If extraordinary circumstances exist, then the Recipient can request permission from the Division to exceed the 40% cap for a particular payment. However, under no circumstances shall the cumulative reimbursement amount for payments one (1) and two (2) exceed 80% of the overall amount authorized by this Agreement unless all three (3) Deliverables have been met. FINANCIAL CONSEQUENCES Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, shall result in one of the following penalties. • A.20%.reduction of the overall amount authorized by this Agreement and/or • Payment will be reduced by $110.00 per facility with incorrect or incomplete CAMEOfm files If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task and/or complete a deliverable required by this Agreement, then the Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition of a financial consequence. 24 100 Attachment C Deliverables and Performance. Deliverable Deliverables Minimum Performance price Financial # Requirements Consequences 1. Each CAMEOfm facility file must contain complete, correct and accurate Not later than November 1, 2019 information required in Section D of provide completed. CAMEOfm files the Scope of Work. Payment will be reduced in compliance with Section D, Scope 2. A signed Site Visit Certification o 40% of Contract by $110A0 per facility 1 of Work, identify 25% of facilities in Form (SV) and Site Plan (SP) in Amount with incorrect or Attachment D. Include a list accordance with SOW Section D for incomplete CAMEOfm identifying the names of the facilities each facility. For sulfuric acid files. submitted, SERC numbers, site visit (batteries) facilities, the site visit form dates, and SOD, if applicable. must contain the date facility was called and the person that responded to the EPCRA inquiries. 1. Each CAMEOfm facility file must contain complete, correct and accurate Not later than March 1, 2020, information required in Section D of provide complete CAMEOfm files in the Scope of Work. Payment will be reduced compliance with Section D, Scope of 2. A signed Site Visit Certification 40% of Contract by $110.00 per facility 2 Work, identify 25% of facilities in Form (SV) and Site Plan (SP) in Amount with incorrect or Attachment D. Include a list accordance with SOW Section D for incomplete CAMEOfm identifying the names of the facilities each facility. For sulfuric acid files. submitted, SERC numbers; site visit (batteries) facilities, the site visit form dates, and SOD, if applicable. must contain the date facility was called and the person that responded to the EPCRA inquiries. Not later than May 15, 2020, provide completed Hazards Analysis (HA) 1 Provide a complete correct copy of (CAMEOfm zip file) to the Local the approved HA file (completed CAMEOfm file in compliance with Emergency Planning Committee (LEPC) and provide DEM with Section D, Scope of Work) to the Local notification of the transmittal. Notify Emergency Planning Committee Final Payment will not be 3 first responders and Attachment D (LEPC) and provide the Division with a . copy of the transmittal letter. o 20 /o of Contract made without required transmittal verifications, facilities of the availability of the HA information. Provide DEM with 2. Notify all Attachment D facilities and Amount and final approved zip transmittal. Upload the final first responders of the availability of file uploaded. "approved" CAMEOfm zip file into the Hazards Analysis information and make that information available upon SharePoint. Use naming convention(County name, Final HA, request. Submit a copy of the Year. notification to the Division. 25 101 ATTACHMENT D 2019-2020 SECTION 302 HA FACILITY LIST This is your Counties' entire Section 302 Extremely Hazardous Substances (EHSs) List from E -Plan, select 50% of the highest risk facilities to inspect this grant cycle. If you become aware of or know of a chemical facility near a school, large residential apartment complex, or other high-risk areas, put that facility on your list to inspect. Try to select facilities that pose a greater risk based upon the chemicals present, the chemicals' amounts, previous releases, etc. This year's Section 302 EHS HA data was pulled from E -Plan in June 2019. If you know of facilities that you believe still have chemicals on-site from recent site visits or from other historical data you have on file and should be reporting, but are not on this list: • Contact the facility directly and ask them to report if possible. • Contact FDEM staff listed below so that the facility can be added to the Division's Potential Non -Filer List.. • Sam. Brackett c(),em.myflorida.com • Robert. Dietrich@em.myflorida.com • Remember: Complete only 50% of your entire Section 302.EHS List this grant cycle. • Choose 25% of the 302 EHS facilities on this list for Deliverable 9 • Choose 25% of the 302 EHS facilities on this list for Deliverable 2 PLEASE REFER TO THE FACILITIES ATTACHMENT LIST SENT VIA EMAIL AND INSERT INTO AGREEMENT.. 26 102 Indian River County ATTACHMENT D HAZARD ANALYSIS 2019/2020 FACILITY LISTING FACILITY/CONTACT NAME SERC # DATE OF SITE VISIT OR VERIFICATION AT&T CORPORATION -DIXIE HIGHWAY .1825 Old Dixie Highway 30425 Vero Beach, FL 32966 BELLSOUTH TELECOMMUNICATIONS — BEACHLAND 750 Beachland Boulevard 5233 VeroBeach, FL 32963 BELLSOUTH TELECOMMUNICATIONS — FELLSMERE 5 s. Bay Street 5233 Fellsmere, FL 32948 BELLSOUTH TELECOMMUNICATIONS — VERO BEACH 1976 161h Avenue 5234 Vero Beach,•FL 32960 BELLSOUTH TELECOMMUNICATIONS — SEBASTIAN 1137 U.S. #1 29563 Sebastian, FL 32958 COMCAST 940 121h Street 39420 Vero Beach, .FL 32960 ORCHID ISLAND GOLF AND BEACH CLUB 1 Beachside.Drive 36806 Vero Beach, FL 32963 PIPER AIRCRAFT 2926 Piper Drive 1320 Vero Beach, .FL 32960 SUN AG - FELLSMERE FARMS DIVISION 7735 County Road 512 1386 Fellsmere, FL 32948 VERO CHEMICAL DISTRIBUTORS 755 20th Place 6540 Vero Beach, FL 32960 103 Attachment E Program Statutes and Regulations 1. Emergency Planning and Community.Right-to-Know.:Act (EPCRA), Title III :of the SUperfund Amendments Reauthorization Act of 1986, 42 U.S.C. s. 1101, et seq.. (SARA Title III). 2. Florida Emergency Planning and Community Right to Know .Act, Chapter 252, Part ii, Florida Statutes. 27 104 Attachment F Financial Invoice Form for Hazardous Materials Hazards Analysis Update RECIPIENT: ADDRESS: PERIOD of PERFORMANCE: 1. First Payment (40% of Contract Amount) (25% Hazards Analysis Submitted) 2. Second Payment (40% of Contract Amount) (25% Hazards Analysis. Submitted). AGREEMENT# FEIN# AMOUNT REQUESTED BY THE RECIPIENT it $ 3. Final Payment (20% of Contract Amount) $ (HA's Approved, Notifications & Zip File Uploaded) AMOUNT APPROVED BY THE DIVISION TOTAL AMOUNT $ $ (To Be Completed by the Division), certify that to the best of my knowledge and belief the billed costs are in accordance with the Terms of the Agreement Signature of Authorized Official Total HA Update Grant Amount: Total Amount Previously Paid: Total Amount Payable This Invoice: Remaining Balance: Date (To Be Completed by the Division) 28 105 Attachment G JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First. Three (3) Months of (list applicable line items) Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of. the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance). 29 106 Attachment H Warranties. and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards,authorizations, obligations, unobligated. balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the Terms and Conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 30 107 Codes of Conduct The Recipient shall maintain. written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in .the selection, award, or administration of a contract supported by public grant funds if a real, or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an .award. The officers, -employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 31 108 Attachment I Certification. Regarding Debarment; Suspension, ineligibility And.VoluntaryExclusion, Subcontractor Covered Transactions (1) The prospective Subcontractor, of the Recipient certifies, by submission of this document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's Subcontractor is unable to certify to the above statement, the prospective Subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title DEM Contract Number Street Address City, State, Zip Date Project Number 32 109 Attachment J Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal Statutes, regulations, policies, guidelines and requirements, including OM.B Circulars No. A-21, AA 10, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule, that govern the application, acceptance and -use of Federal funds for this federally - assisted project. The Applicant assures and certifies that - 1 1 hat: 1. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment'is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 2. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 3. It will establish safeguards to:prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others; particularly those with whom they have family, business, or other ties. 4.1t will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 5. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 6. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 7. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 8. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for Grantees; as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 33 110 Attachment K Hazard Analysis Contract Checklist and CAMEOfm Guide ,Facility Information (CAMEOfrn Facility Page).," Facility Name {per Attachment D} ( Facility Page) Department field is where the SERC number goes. (Do not add the SERC acronym just the number) Enter the current Tier II report year (Top right-hand corner main facility age) Facility Physical Address (Facility Page) Latitude and Longitude in Decimal Degrees {ex. 30.197, -84.3621} (Map Data Tab on Facility Page) Facility Phone Number (Facility Phones Tab on Facility Page) Facility Emergency Coordinator Name, Title and 24-hour Emergency Phone Number (Contact Tab on Facility Page) Transportation Route(s) {from County Line to the Facility} (Notes Tab_ on Facili Page Evacuation Route(s) to exit the Vulnerable Zone (Notes Tab on Facility Page Historical Accident Record (If none, please note) (Notes Tab on Facility Page) Facility Maximum Occupancy (a minimum of one is required for unmanned facilities) (ID Codes Tab on facility Page) Facility Page (ID and Regs Tab) (Mark correct 112 R and 302 check boxes, max occupancy, facility manned or unmanned) Hazard Identification (CAMEOfm Chemical in Inventory Page) (for each Extremel� Hazardous Substance on site Update Chemical in Inventory page for each Extremely Hazardous Substance Present over the TPQ (Chemical in Inventory Page(s) Enter Chemical Abstract Service (CAS) Number and Proper Chemical Name (Chemical in Inventory Page(s)) Type/Design, Pressure and Temperature of Container(s) cylinder, battery, ambient etc. (Chemical in Inventory Page(s), Location Tab) Physical State in Storage (ex. mixture, pure, liquid, gas} (Chemical in Inventory Pages}, Physical State and Quantity Tab) Enter max daily, average daily amount in lbs. (Chemical In Inventory Page(s), Physical State and Quantity Tab) Enter amount in Largest Container or Interconnected Containers (Chemical In Inventory Page{s), Physical State and Quantity Tab) {this is the amount to be used in the scenario release} Nature of the Hazard (ex. acute, chronic, fire, pressure, etc.) Chemical in Inventory Page(s), Physical State and Quantity Tab- Hazards) Vulnerability Analysis (CAMEOfm Scenario Page) (for each Extremely Hazardous Substance on site) Enter maximum amount in largest container or interconnected containers in the Amount Released field (Scenario Description tab) (This amount must be the same as the Chemical in Inventory page Maximum amount in largest container tab amount) Enter the concentration percentage in the Concentration field (Scenario Description tab) Enter Release Duration (10 minutes for gases, solids in solution or powders; no entry for liquids is required) (Scenario Description tab Determine the natural Physical State (specified in CAMEOfm Chemicals) and enter into the Physical State field (Scenario Description tab) Weather Information - Use the weather default settings or enter average wind speed (do not enter a value in the Wind from field) Urban or Forest is recommended in the Ground Roughness field. (Scenario Description tab) Risk Assessment - Rate the Risk, Consequences and Overall Risk of a release occurring (based upon release history etc.) (Scenario Description tab) Extent of Vulnerable Zone (CAMEOfm automatically calculates Threat Zone Radius when Edit button and Estimate Threat Zone Radius buttons are used) (Scenario Description tab) Enter estimate of Total Exposed Population (Notes Tab on Scenario Page{s} Enter Critical Facilities {name of critical facility(s) and max occupancy for each; if none, state No Critical Facilities} (Notes Tab on Scenario Page(s)) On -Site Visits, Statements of Determination, and Site Plans (For each Facility within the Contract Period.) Site Visit Certification Form (Upload to Site Plan Tab on Facility Page) (file name must contain at minimum the SERC number if applicable and SV — if SERC number is not available facility name and SV. Phone call updates for the Sulfuric Acid Battery Exemption Facilities must indicate who made the call, the name of the facility representative spoken to, and the date of call.) Statement of Determination (SOD) if applicable (Upload to Site Plan Tab on Facility Page) (file name must contain at minimum SERC number if applicable and proper acronym SOD - if SERC number is not available facility name and SOD, if applicable). Site Plan (SP) (Upload to Site Plan Tab on Facility Page) {file name must contain at minimum the SERC number if applicable and SP — if SERC number is not available the facility name and SP —additional info encouraged but not required.} Sufficient Detail to Identify: North Arrow Location of Major Buildings Name and Location of Extremely Hazardous Substances (if Extremely Hazardous Substances are co -located, noting EHS is acceptable) Name and Location of Street(s) ) (list the street the facility is on and at a minimum one cross street) Identify Pertinent Access and Egress Points and other features pertinent to Emergency Response 34 111 Attachment L { FLORID"- STATE EMERGENCY. RESPONSE. COMMISSION FOR HAZARDOUS j MATERIALS' ( HAZARDS ANALYSIS SITE VISIT CERTIFICATION FORM PLEASE PRINT Facility Name Street Address, City & Zip Code County Name of Facility Representative Facility Representative Signature Site Visit Performed by Signature SERC ID # Site Visit Date Site Visit Date If a_telephone update was conducted instead of site visit, please check bolt ❑ The individuals signing above certify that a Hazards Analysis site visit was conducted on the above date. Notes: ❑ Check if Facility Representative was informed about using E-Plan(https://erplan.netteblan/looin.htm) for EPCRA on-line filing 35 112 ATTACHMENT M STATEMENT OF DETERMINATION (Check Only One) Exempt from Reporting for Filing Year ❑ Deregistration (Chemicals Removed/Below Thresholds) (Facility Decommissioned) Facility. Name: Physical Address (Street only) LEPC: County: SERC # Sections 3021303 Sections 3111312 Section 313 0 Extremely Hazardous Substances (EHSs) ARE I WERE present only in amounts less than established Threshold Planning Quantities (TPQs). Indicate by circling ARE or WERE if the chemical is or is not present at the facility. Check one (f) of the two (2) boxes Immediately below. 0 No EHSs ARE present on-site at the facility during the year. No EHSs WERE present on-site during the year. Hazardous chemicals / EHSs ARE I WERE present only in amounts below established reporting thresholds.. Indicate by circling ARE or WERE rf. the chemical is or is not present at the facility. Check one 1 of the two 2 boxes Immediately below. No hazardous chemicals / EHSs ARE I WERE present. No hazardous chemicals WERE present on-site during the year. Not within covered NIACS Codes. Within covered NIACS Codes, but less than len (10) employees. 0 Within covered NIACS Codes, but no Section 313 chemicals were present or were below Section 313 reporting thresholds. Other Closed facility OYES ONO Chemicals removed ❑ YES ONO Chemicals reduced below threshold/rP0 OYES ONO Date Effective: New Facility Information: New Facility: Yes f No Date chemicals brought on-site i or Exceeding TPQ: Effective Date: Further Explanation ff Necessary: Certification (Read and Sign After Completing All Sections) 1 certify under penalty of law that I have personally examined and am familiar with the information submitted on this page, and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate and complete Name and Official Title of OwnedOperator OR Owner/Operator's Authorized Representative Signature 35 Dale Signed 113 Attachment N Close -Out Report i � "'- � - :DIVISION OF EMERGENCY MANAGEMENT '— - "' _ 1 Hazard Analysis:Update_Grant 2019-2020 1 This form should be completed and submitted to the Division no later than sixty (60) days after the termination date of the Agreement. . Recipient Address City & State By Category - Total Agreement Cost Categories Expenditures 1. Deliverable 1 2. Deliverable 2 3. Deliverable 3 1 2 3 4 5 .6 Total 7 Agreement Amount Minus Total Payments (Including Final Requested Funds — Line 7) Unused balance Agreement No. Agreement Amount Agreement Period Payments Received Under this Agreement .(Include any advanced funds and final requested By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the Terms and Conditions of the State -Funded Hazards Analysis Agreement. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801- 3812)." Signed Chief Financial Officer or Budget Director Name & Title Date FOR DEM USE: Signed DEM Grant Manager Name & Title 37 114 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / 0� 111a Department of General Services Library Services Division Date: August 15, 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 Consent Agenda BCC Meeting 09-10-2019 Subject: Indian River County Library System Certification of Credentials for Single Library Administrative Head DESCRIPTIONS AND CONDITIONS: In order to comply with the State Division of Application, the Indian River County Library Certification of Credentials on file at the State. Library Information Services State Aid Grant System must have a Commission Approved The Certification of Credentials states that the Single Library Administrative Head: • Has completed a library education program accredited by the American Library Association; • Has at least two years full-time paid professional experience, after completing the library education program, in a public library open to the public for a minimum of 40 hours per week; • Is employed full time by the library's governing body; • Is responsible for the overall management or coordination of the library within the framework established by interlocal or other agreements, plans, policies and budgets; • Is responsible for developing a single long-range plan for all library outlets, a single annual plan of service and a budget; and • Is responsible for implementing the long-range plan, annual plan of service and budget as well as preparing reports on behalf of the library. Tracey L. Wehking was hired by the Board of County Commissioners to be the Library Services Director and began in this position on January 18, 2019. Ms. Wehking has a Masters in Library and Information Science from the University of South Florida (2010). This program is accredited by the American Library Association. Ms. Wehking has been working as a full-time paid, professional Librarian in public libraries open to the public for a minimum of 40 hours per week for over six years. Ms. Wehking is responsible for the overall management and coordination of the library as well as responsible for developing and implementing the long range plan, annual plan of service, and budget. FUNDING: No funding is required. 115 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners certify the credentials of Tracey L. Wehking as the Single Library Administrative Head for the Indian River County Library System and authorize the Chairman to sign the document. ATTACHMENTS: Certification of Credentials Resume of Tracey L. Wehking AGENDA ITEM FOR SEPTEMBER 10, 2019 116 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Credentials — Single Library Administrative Head The Indian River County - Board of Countv Commission , (Name of library governing body) governing body for the Indian River County Library System , (Name of library) hereby certifies that the incumbent single library administrative head, Tracey L. Wehkinq , (Name of incumbent) • Has completed a library education program accredited by the American Library Association; • Has at least two years full-time paid professional experience, after completing the library education program, in a public library open to the public for a minimum of 40 hours per week; • Is employed full time by the library's governing body; • Is responsible for the overall management or coordination of the library within the framework established by interlocal or other agreements, plans, policies and budgets; Is responsible for developing a single long-range plan for all library outlets, a single annual plan of service and a budget; and • Is responsible for implementing the long-range plan, annual plan of service and budget as well as preparing reports on behalf of the library. Signature Chair, Library Governing Body Name Date State Aid to Libraries Grant Certification of Credentials (Form DLIS/SA01) Chapter 1 B=2.011(2)(a), Florida Administrative Code, Effective 07/2017 Page 1 of 117 TRACEY L. WEHKING 6435 Parklane Court Vero Beach, FL 32967 (863) 521-8864, traceywehking@yahoo.com ADMISSIONS Admitted to practice law in the State of Florida, September 2005. Admitted to practice law in the U.S. District Court for the Middle District of Florida, December 2005. EDUCATION UNIVERSITY OF SOUTH FLORIDA, Tampa, FL Master's of Arts in Library and Information Science, December 2010 UNIVERSITY OF FLORIDA, Levin College of Law, Gainesville, FL Juris Doctor, May 2005 UNIVERSITY OF FLORIDA, Gainesville, FL Bachelor of Arts in Anthropology with Honors, May 2002 EXPERIENCE January 2019 - Indian River County Library System, Vero Beach, FL Present Director of Library Services Responsible for the overall management and coordination of the Indian River County Library System's five public libraries. Responsible for developing and implementing the long-range plan, annual plan of service, and budget. February 2015 — Cape Canaveral Public Library, BCLS, Cape Canaveral, FL January 2019 Head Librarian Manage the day-to-day operations of.a small library. Supervise a staff of twelve. Selection and purchasing of materials. Maintain relations with the Friends group and City of Cape Canaveral. Interview applicants for job openings and all aspects of hiring process. Coordinate facility maintenance and repair. Budgeting to include change orders, SAP, invoices, managing County and City funds. Performance evaluations. Spearheaded renovation of Young Adult and Children's area. Served as Interim Director for Port St. John during the Director's maternity leave. June 2014 — Cape Canaveral Public Library, BCLS, Cape Canaveral, FL January 2015 Head of Reference Assist patrons by providing electronic instruction in computers, copiers, and e -readers, reader's advisory, placing holds, faxing, selecting and purchasing materials, responsible for the building in the absence of the Director. Develop promotional materials. Social media. Supervise volunteers and other staff in absence of Director. April 2012 - Titusville Public Library, BCLS, Titusville, FL June 2014 Youth Services Librarian Assisting patrons. Planning and implementing youth programming from preschool to teenager. Supervise teen volunteers. Shelving, weeding, cataloging of materials. Draft promotional materials. Selecting materials for purchase. 118 October 2010 - Sumter County Library System, Wildwood, FL March 2012 Youth Services Coordinator/Collection Development Librarian Responsible for developing, implementing, and evaluating programs and outreach services for youth and adults. Draft press releases and promote the library and its programs to the community through presentations and materials. Developed and maintain the library system's Facebook presence. Approve supply requests and purchases for youth services. Supervise up to six youth services representatives and hold monthly meetings. Responsible for collection development of all youth and adult books Develop bibliographies for patron use. Prepare budgets and interview potential employees and make hiring recommendations. January 2009 -- Kinberg & Associates, LLC, Melbourne, FL January 2010 Associate Attorney Pre -litigation and litigation of construction law and contract claims including depositions, mediations, hearings,. drafting of pleadings and memorandums. Some experience in government contracts including FAR. Supervise paralegals and legal secretary. August 2005 — State Attorney's Office, 101h Judicial Circuit, Bartow, FL December 2008 Assistant State Attorney Responsibilities included: Felony Violations of Probation and Felony Early Resolutions, responsible for all domestic violence intake at the misdemeanor level, assigned prosecutor for new Mental Health Court, conducted misdemeanor and felony trials, as well as all stages of prosecution pertaining to such trials, including various motions and appeals. Supervision of legal secretaries and training of junior attorneys. Summer 2003 — Birder & Donsky Law Offices, P.A., Gainesville, FL July 2005 Law Clerk (Insurance Defense) Performed legal research in all areas of insurance defense law. Researched issues utilizing federal and state law. Performed jury verdict research. Drafted memoranda concerning various legal issues. Assisted with trial preparation. Incorporated a new filing system for all case files. Organized and maintained all case files. January 2005 — OF Levin College of Law, State Attorney Clinic, Eighth Judicial Circuit, Starke,FL April 2005 Certified Legal Intern Performed legal research on a wide variety of issues pertaining to prosecution. Provided assistance on several felony trials and conducted misdemeanor trials. Prepared discovery and interviewed witnesses. Publications Bid Protests: Where to File, SideBar, Summer 2009 (co-author) Other Activities *Member of the Florida Library Association since 2010 *2013-2015 FLA Public Library Standards Committee Member *Completed Brevard County Employee Development Program with Honors *Pulling Together Award,. June 2016 *Graduate of the 2015-2016 Sunshine State Library Leadership Institute — Leadership Project: Review and Report of BCLS Staffing Plan Implementation * Judge in the 2011 Florida Publisher's Association Book Awards for YA Fiction *Notary 119 CONSENT DA MeetingBCC 0911012019 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Conservation Resources Division Date: August 19, 2019 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Director, Office of Management and Budget From: Kevin Kirwin, Director, Parks and Conservation Resources Subject: Vero Cycling Inc. Donation.of a Bicycle Repair Stand for the Trans -Florida Central Railroad Trail BACKGROUND: Vero Cycling Inc. is 501(c)(4), club based in Indian River County. Vero Cycling Inc. stated purpose is to promote cycling and encourage cyclists of all levels, advocate for cycling related interests, promote safe cycling and to encourage respect among cyclists and non -cyclists. The club approached the Parks and Conservation Resources Director with the intent of donating and installing a bicycle repair stand just west of the entrance to Fran B. Adams Park along the Trans Florida Railroad Trail. Vero Cycling Inc. will be responsible for the maintenance and repairs to the repair stand and pump for the lifecycle of the equipment. The Parks and Conservation Resources Division will install a concrete pad for the equipment base. The Indian River County residents and visiting cyclist who enjoy the Trans -Florida Central Railroad Trail will benefit from having a repair station along the trail. FUNDING: Vero Cycling Inc. will be donating the bicycle repair station, pump and tools and installing the station at their expense. The retail value of the repair station, pump and tools is approximately $1900. Funding for the concrete slab will come from the existing Parks budget Acct # 00121072- 034660, Maintenance — Structures except Buildings in the approximate amount of $300. RECOMMENDATION: Staff respectfully recommends the Indian River County Board of County Commissioners accept the agreement with Vero Cycling Inc. and authorize the chairman to execute the same. ATTACHMENT: Bicycle Repair Station Installation Agreement DISTRIBUTION: Vero Cycling Inc. AGENDA ITEM FOR SEPTEMBER 10, 2019 120 BICYCLE REPAIR STATION INSTALLATION AGREEMENT THIS AGREEMENT made this day of , 2019, by and between Indian River County ("IRC"), whose point of contact is IRC, Parks and Conservation Resources Division, 5500 77th Street, Vero Beach, FL 32967, and Vero Cycling Inc. ("VCI") a nonprofit 501(c)(4), whose contact address is 5107 Formosa Circle., Vero Beach, Fl 32967 IT IS THEREFORE, AGREED as follows: 1. IRC agrees to furnish a sixty-four (64) square foot concrete slab along the Trans -Florida Central Railroad Trail and outside of the Right of Way, west of WW Ranch Road (entrance road to Fran B. Adams Park). 2. IRC retains the sole discretion on any sponsorships or material wraps that are placed on the bicycle repair station by VCI. VCI must submit requests to IRC for approval of these items before placing them on the repair station. 3. VCI agrees to furnish and install the bicycle repair station on the concrete section that is supplied by IRC. (See Exhibit A for example). 4. VCI agrees to maintain and/or repair the bicycle repair station on an as -needed basis per the best practices for this type of equipment. VCI shall include contact information for the public to report any issues with the machine directly to VCI. 5. VCI agrees to maintain and/or replace the sponsorship wrap on the machine as—needed. 6. VCI agrees to indemnify, defend, and hold IRC harmless in any action brought against IRC based upon a negligent or intentional act of VCI as it relates to the bicycle repair station whatsoever; and this agreement in no way waives the sovereign immunity of IRC in any action brought against it. 7. To the extent allowed by law, IRC agrees to indemnify, defend, and hold VCI harmless in any action brought against it for the gross negligence of IRC or any of its employees operating in furtherance of this agreement. 8. If at any time IRC determines that the bicycle repair station needs to be removed or replaced, IRC reserves the right to take this action. VCI also has the right to remove the station if they feel it is no longer serving the intended purpose.or due to repetitive damage. IN WITNESS WHEREOF, the Board has executed -this Donation of a Bicycle Repair Stand .as of the date approved below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 133 Bob Solari, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and 121 Comptroller By: Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney Approved: By Jason E. Brown County Administrator Approved by VERO CYCLING INC., President By: David B. Hunter 122 r •fb� CONSENT DA BCC Meeting 9/10/2019 ,'. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Department of General Services Parks & Conservation Resources Date: August 20, 2019 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Conservation Resources From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Hazard Mitigation Grant Program Funding Award for the Countywide Wildfire Mitigation Plan: Contract Number H0259, Project Number 4283-95-R DESRIPTIONS AND CONDITIONS On February 8, 2017, the Florida Division of Emergency Management announced the availability of Hazard Mitigation Grant Program (HMGP) funds resulting from the Presidential Disaster Declaration for Hurricane Matthew (FEMA 4283 -DR -FL). The purpose of the Hazard Mitigation Grant Program (HMGP) is to assist communities in implementing hazard mitigation measures following a major federal disaster declaration. The HMGP program is a federally funded program that is allocated and distributed by the State. HMGP is a cost -reimbursement grant program and will fund up to 75% for eligible projects. The 25% match may be a combination of cash and in-kind sources. Hazard mitigation is any action taken to reduce or eliminate long term risk to people and property from natural hazards. Indian River County is an eligible applicant as it has a FEMA -approved local mitigation plan and has a formally adopted Local Mitigation Strategy (LMS) (Resolution No. 2010-059 adopted on July 13, 2010, and revised Resolution No. 2015- 078 adopted July 7, 2015). On June 6, 2017, staff presented two Hazard Mitigation Program Grant funding applications and received authorization from the Board of County Commissioners to submit both the Oslo Riverfront Conservation Area Wildfire Mitigation application and the Countywide Wildfire Mitigation application. On January 23, 2018, the Board further authorized staff to complete a Pre -Award Cost Request that included hiring Environmental Science Associates, Inc. to complete the Indian River County Countywide Wildfire Management Plan: 2018 Fuel Management Plan, dated March 2018 (Wildfire Plan), a copy of which is available on file at the Indian River County Clerk's office. This Wildfire Plan was necessary to complete the required National Environmental Policy Act (NEPA) review in order to award the Hazard Mitigation Grant. 124 Page 2 Hazard Mitigation Grant Program Funding Award for the Countywide Wildfire Mitigation Plan: Contract Number H0259, Project Number 4283-95-R BOCC Agenda September 10, 2019 THE PROJECT: On June 27, 2019, staff was notified that Indian River County was awarded the final FEMA approval for the Countrywide Wildfire Mitigation, application number 4283-95-R. The scope of work includes providing wildfire mitigation activities on 10 conservation areas throughout the County as identified in the Wildfire Plan. Work completed to reduce wildfire threat will include mechanical treatment, installation of firebreaks and prescribed burns as described in the Wildfire Plan. This work may be completed utilizing private contractors and the Florida Forest Service. The County will have until March 31, 2021, to complete wildfire mitigation activities on the conservation areas identified in the grant award. The conservation areas funded for wildfire mitigation under this grant include: • Sebastian Scrub Conservation Area • 58th Avenue Conservation Area • South Oslo Riverfront Conservation Area • Oslo Riverfront Conservation Area • Hallstrom Farmstead Conservation Area • North Sebastian Conservation Area • Sebastian Harbor Preserve • South County Park • Ansin Riverfront Conservation Area • Wabasso Scrub Conservation Area FUNDING: Funding for this project includes a federal share of $210,565.50 with a County match of $70,188.50, for a total project cost of $280,754.00. The pre -award cost of completing the Wildfire Plan was $38,150 which will be included in the match/reimbursement, leaving the County's commitment of funding of $32,038.50 for project implementation. Staff recommends utilizing the Native Upland Mitigation Fund (12721037-033490) as the match. HMGP Funding/FEMA FEMA -DR -4283 -FL Award $210,565.50 Federal Match Pre -Award Native Upland Mitigation Authorization — Environmental Science Associates, Inc. — IRC Fund/Other Contractual $38,150.00 Previously Countywide Wildfire Mitigation Plan Services Expended 12721037-033490 Native Upland Mitigation Remaining Contract Work — Mitigation Activities Fund/Other Contractual $32,0 1 38.50 County Match Services 12721037-033490 TOTAL: $280,754.00 125 Page 3 Hazard Mitigation Grant Program Funding Award for the Countywide Wildfire Mitigation Plan: Contract Number H0259, Project Number 4283-95-R BOCC Agenda September 10, 2019 STAFF RECOMMENDATION Staff respectfully recommends that the Board of County Commissioners accept Agreement Number H0259 for Project Number 4283-95-R: Federally -Funded Subaward and Grant Agreement for the Indian River County Countywide Wildfire Mitigation, and authorize the Chairman to execute the Grant Agreement, and return the package to Parks & Conservation, Assistant Director. Staff will transmit the partially executed agreement to the State for final signatures. Upon receipt of the fully executed original agreement from the State, staff will transmit to the Clerk to the Indian River County Board of County Commission for permanent record. Staff further recommends that the Board direct staff to utilize the Native Upland Mitigation Fund as the County's match. ATTACHMENT • Indian River County Project Number 4283-95-R Wildfire Mitigation Sub Grant: Contract Number H0259 • IRC Grant Form APPROVED AGENDA ITEM FOR SEPTEMBER 10, 2019 126 SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU SUB -RECIPIENT REPRESENTATIVE POINT OF CONTACT REQUEST FOR REVIEW AND APPROVAL SUB -RECIPIENT: Indian River County PROJECT #: 4283-95-R PROJECT TITLE: Wild Fire Mitigation CONTRACT #: H0259 MODIFICATION #: _ I NA SUB -RECIPIENT REPRESENTATIVE POINT OF CONTACT COMPLETE ----- ---- ------ Ms. Beth Powell, Assistant Director This form is required to be included with all Reviews, Approvals, and Submittal Parks & Conservation Resources Two (2) Copies printed for Approval Indian River County Printed Single -sided (If your policy is to copy two-sided please contact me and I will 550077 th Street send you two original one-sided copies for signature) Vero Beach, Florida 32967 Enclosed is your copy of the proposed contract/modification between Indian River County and the Florida Division of Emergency Management (FDEM). ----- COMPLETE ----- ---- ------ ❑ This form is required to be included with all Reviews, Approvals, and Submittal ❑ Two (2) Copies printed for Approval ❑ Printed Single -sided (If your policy is to copy two-sided please contact me and I will send you two original one-sided copies for signature) ❑ Reviewed and Approved ❑ Signed and Dated by Official Representative (blue ink) ❑ Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, Chief ❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) completed, signed, and dated (❑ N/A for Modifications) ❑ Two Signed and dated Originals mailed to FDEM - Tallahassee Florida Division of Emergency Management Mitigation Bureau — HMGP 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention — Grant Specialist —Veronica S. Ash, FCCM, Office 330-B If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 815-4570 or email me at Holly.swift(@em.myflorida.com. 127 Agreement Number: H0259 Project Number: 4283-95-R FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a ".subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a. non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Sub -Recipient's unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub - Recipient by the pass-through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: INDIAN RIVER COUNTY 59-6000674 FEMA -DR -4283 -FL June 17, 2019 Upon Execution thru March 31, 2021 $210,565.50 $210,565.50 $210,565.50 WILDFIRE MITIGATION Federal Emergency Management Agency FL Division of Emergency Management Holly.swift(Qem.m)dorida.com 97.039 Hazard Mitigation Grant Program N/A N/A 128 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Sub -Recipient"). . For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State.of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971 (1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 129 vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. Monitor. and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests b. The Division's Grant Manager for this Agreement is: Holly Swift, Project Manager Division of Emergency Management Bureau of Mitigation 2702 Directors Row Orlando, Florida 32809-5631 Telephone: (850) 815-4570 Email: Holly. swift(c)em.mvflorida.com c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Beth Powell, Assistant Director Parks & Conservation Resources Indian River County 5500 77th Street Vero Beach, Florida 32967 Telephone: (772) 226-1873 Email: bbowellCcD_ircgov.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 130 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end on March 31, 2021, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $210,565.50. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any 131 false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A, that clearly delineates: i. .The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal', which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), 132 Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) fiscal years from the date of 133 completion of grant cycle or project. The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5 -year retention requirement is not applicable to the Sub -Recipient. V. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, 134 basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (11)AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. 135 §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c: When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non- compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.htmI h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 136 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment F. (13)MONITORING. a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. 137 (14)LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: 138 a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; Agreement; b. Begin an appropriate legal or equitable action to enforce performance of this c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper,, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty calendar day's prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the 139 notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18)PROCUREMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: 140 Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: paragraph (17) above; and, subcontract. Terminate this Agreement in accordance with the provisions outlined in Refuse to reimburse the Sub -Recipient for any costs associated with that f. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: 141 business; companies; contracts; equivalent; i. Place unreasonable requirements on firms in order for them to qualify to do ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. 142 c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Scope of Work iii. Attachment B — Program Statutes and Regulations iv. Attachment C — Statement of Assurances V. Attachment D — Request for Advance or Reimbursement vi. Attachment E — Justification of Advance Payment vii. Attachment F — Quarterly Report Form viii. Attachment G — Warranties and Representations ix. Attachment H — Certification Regarding Debarment X. Attachment I — Federal Funding Accountability and Transparency Act xi. Attachment J — Mandatory Contract Provisions (20)PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty days of receiving notice from the Division. 143 (21)REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management', and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in 144 excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA')]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions 145 contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION activities. a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 146 (24)COPYRIGHT. PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. 147 (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ..• ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory 149 assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 150 (30)SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 151 (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33)ASSURANCES. The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 152 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: INDIAN RIVER COUNTY By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Jared Moskowitz, Director Date: 153 EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount: $ 210,565.50 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • 31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program: Sub -Recipient is to use funding to perform the following eligible activities: • Other projects that reduce future disaster losses 2. Sub -Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. 154 Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work (SOW) is to mitigate at -risk areas and decrease the risk of damage or loss of life from wildfires in Indian River County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR -4283-95-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, Indian River County, agrees to administer and complete the project as submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to implement a countywide program for wildfire management; to reduce the potential for wildfires that adversely impact residents and businesses, by creating defensible spaces in the ten identified sites listed below in Indian River County, Florida. The proposed scope of work shall reduce fuel loads and thus create defensible spaces in areas where County -owned conservation lands abut existing development. Work activities shall include pruning, chipping and mowing within the designated work areas and in general, removal or mulching of vegetative material. All activities shall be implemented using current codes and best practices, and shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Project Locations: SITES ADDRESSES LATITUDE, LONGITUDE 1) Sebastian Scrub Conservation 1258 Schumann Drive, Sebastian, FL 27.76868, -80.46608 Area 32958 2) 58th Avenue Conservation Area Bounded by 581h Ave. (East); Existing 27.67963, -80.4467 residential development (South & West); Existing horse farm (North) 3) South Oslo Riverfront 185 9th Street SE Vero Beach, FL 32960 27.58634, -80.37311 Conservation Area 4) Oslo Riverfront Conservation 150 9th Street SE Vero Beach, FL 32960 27.59494, -80.36953 Area 5) Hallstrom Farmstead 1601 Old Dixie Highway Vero Beach, FL 27.57188, -80.37504 Conservation Area 32962 6) North Sebastian Conservation Area 7) Sebastian Harbor Preserve 8) South County Park 9) Ansin Riverfront Conservation Area 10)Wabasso Scrub Conservation Area 1295 Main Street Sebastian, FL 32958 27.81632, -80.47907 184 Englar Drive Sebastian, FL 32958 800 20th Avenue SW Vero Beach, FL 32962 9700 Water Vliet Avenue Sebastian, FL 32958 5900 85th Street Sebastian, FL 32958 27.77797, -80.47395 27.59135, -80.40533 27.78873, -80.50287 27.75569, -80.45356 155 TASKS $ DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the installation to provide wildfire protection. The project shall be implemented in accordance with plans previously presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. The project consists of the general construction and furnishing of all materials, equipment, labor and fees to minimize wildfire and reduce vegetative fuels to at -risk structures that, if ignited, pose a significant threat to human life and property. The Sub -Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub -Recipient shall not deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by the professional of record. The Sub -Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the 156 manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub -Recipient prior to Sub -Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation for closeout shall include: a. A copy of the O&M plan (operations and maintenance plan). b. A certification stating that the plan is consistent with the guidance, meets or exceeds local codes, and is in conformance with appropriate fire -related codes. c. A certification stating the SOW compliance and the completion of the project following rules and regulations in conformance with the Department of Forestry for rural areas and the Local Fire Department for urban areas. d. Letter verifying compliance with the National Historic Preservation Act, to include if archaeological material or human remains were encountered during project activities, and if so, how they were handled. e. Letter and/or documentation verifying compliance with conditions #1 through # 44 as stated on the Environmental section of this document.. f. Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. 157 Review and approval of any third party in-kind services, as applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, sealed engineering designs, and construction plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's final request for.reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of mitigating the threat of future wildfires to reduce the potential for wildfires that adversely impact residents and businesses, by creating defensible spaces in the ten identified sites in Indian River County, Florida. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub -Recipient shall provide a copy of the O&M Plan (Operations and Maintenance Plan). 3) The Sub -Recipient shall provide a copy of a certification stating the plan is consistent with guidance, meets or exceeds local codes, and is in conformance with appropriate fire -related codes. 4) The Sub -Recipient shall submit a certification stating the SOW compliance and the completion of the project following the rules and regulations in conformance with the Department of Forestry, for rural areas and the Local Fire Department for urban areas. 5) The Sub -Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. D) Environmental: 1) Sub -Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If project work is delayed, for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies shall be redone. 158 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, shall require re -submission of the application to FEMA through the Division for National Environmental Policy Act (NEPA) re-evaluation before starting project work. 3) The Sub -Recipient shall monitor ground -disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If human remains or intact archaeological deposits are uncovered, work in the vicinity of the discovery shall stop immediately and all reasonable measures to avoid or minimize harm to the finds shall be taken. The Sub -Recipient shall ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries. The Sub -Recipient's contractor shall provide immediate notice of such discoveries to the Sub - Recipient. The Sub -Recipient shall notify the Florida Division of Historic Resources, the Division's State Environmental Liaison Officer and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA and the Division have completed consultation with SHPO, Tribes, and other consulting parties as necessary. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida Statutes, Section 872.05. 4) Work shall only occur in the uplands when water levels are below surface. 5) Project activities shall not occur within 200 feet of a water or wetland without consultation with the U.S. Army Corps of Engineers (USACE) and the appropriate Water Management District. 6) Appropriate Best Management Practices (BMP) [provided in Appendix A of Programmatic Environmental Assessment (PEA)] associated' with wetlands shall be implemented. 7) If a project location contains wetlands or surface waters, a permit from the U.S. Army Corps of Engineers (USACE) may be required. If permit is required, copy of permit shall be provided at closeout. 8) If project impacts state waters a permit from the appropriate Water Management District may be required. If permit is required, copy of permit shall be provided at closeout. 9) If a project shall result in dischargers, a National Pollutant Discharge Elimination System permit from Florida Department of Environmental Protection (FDEP) shall be required. If permit is required, copy or permit shall be provided at closeout. 10) To mitigate for fugitive dust during project activities, periodic watering of active construction areas, particularly in areas close to sensitive receptors (e.g., hospitals, senior citizen homes, and schools), shall be implemented. 11) If pesticides shall be used for vegetation management, BMPs shall be utilized to limit impact to water quality. 12) If discharges into U.S. waters are expected, the Sub -Recipient would be required to obtain a National Pollutant Discharge Elimination System (NPDES) Stormwater construction permit from the FDEP. An associated Storm Water Pollution Prevention Plan (SWPPP), which would identify the BMPs and engineering controls to prevent and minimize indirect erosion, sedimentation, and pollution impacts to the water quality, would be required to be prepared and implemented. If permit is required, copy of permit shall be provided at closeout. 13) The Sub -Recipient shall ensure that all debris -staging sites are pre -authorized by FDEP. The Sub - Recipient shall ensure that all debris is separated and disposed of in a manner consistent with FDEP solid waste facility disposal at permitted facilities guidelines, or at a disposal site, or landfill authorized by FDEP. The Sub -Recipient is responsible for ensuring contracted staging and disposal of debris 159 follows these guidelines. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance is required at project closeout. 14) If any asbestos containing material, lead based paint, or other hazardous materials are found during remediation or repair activities associated with demolition of derelict structures, compliance with all federal, state, and local abatement and disposal requirements under the Resource Conservation and Recovery Act (RCRA) shall be required. Verification of compliance is required at project closeout. 15) The project sponsor must obtain and comply with all applicable permit and approvals required by Federal, State, Tribal, and local regulatory agencies. 16) If any actions have the potential to affect biological resources, including threatened and endangered species, the State shall be notified and FEMA would consult with the U.S. Fish and Wildlife Service. 17) Perform skidding or yarding operations when soil conditions are such that soil compaction, displacement, and erosion would be minimized. 18) Suspend skidding or yarding operations when soil moisture levels could result in unacceptable soil damage. 19) Use low ground pressure equipment when practicable, particularly on equipment traveling over large portions of units with sensitive soils or site conditions. 20) Establish designated areas for equipment staging and parking to minimize the area of ground disturbance. 21) Work with the contractor to locate landings, skid trails, and slash piles in suitable sites to avoid, minimize, or mitigate potential for erosion and sediment delivery to nearby waterbodies. 22) Develop an erosion control and sediment plan that covers all disturbed areas including skid trails and roads, landings, cable corridors, temporary road fills, water source sites, borrow sites, or other areas disturbed during mechanical vegetation treatments. 23) Avoid ground equipment operations on unstable, wet, or easily compacted soils and on steep slopes unless operation can be conducted without causing excessive rutting, soil puddling, or runoff of sediments directly into waterbodies. 24) Install suitable Stormwater and erosion control measures to stabilize disturbed areas and waterways on incomplete projects before seasonal shutdown of operations or when severe storm or cumulative precipitation events that could result in sediment mobilization to waterbodies are expected. 25) Routinely inspect disturbed areas to verify that erosion and Stormwater controls are implemented and functioning as designed and are suitably maintained. 26) Implement mechanical treatments on the contour of sloping ground to avoid or minimize water concentration and subsequent accelerated erosion. 27) Minimize skidder and other heavy equipment operation in wetlands during wet conditions to avoid widespread excessive soil rutting. 28) To the greatest extent possible: forestry operations in wetlands which exhibit seasonal inundation or saturation should be limited to dry conditions only, and forestry operations in wetlands which are continually saturated or inundated should be limited to low-water conditions. 29) When skidding in wetlands with organic soils, concentrate skid trails to as small an area as possible, and minimize the number of trails on a given site. 30) Maintain habitat features by carrying out activity on forestlands, such as harvesting (including thinning), site preparation, burning, etc. 31) Locate concentrated heavy equipment operations (e.g. log decks, landings, main skid trails, ramps, etc.) away from known and visibly apparent active burrows, and especially known concentrations of active burrows. If concentrated heavy equipment operations must be located in such areas: (a) identify and mark burrows, (b) avoid damage to the burrow opening, and (c) avoid damage to the 160 gopher tortoise burrow apron during the nesting season (May through September). Direct heavy equipment operators to avoid direct contact year-round with all known and visibly apparent gopher tortoises and burrowing owls, as well as known and visibly apparent burrow aprons for tortoises during the period between May and September. When practical, minimize the use of heavy equipment during September and October when gopher tortoise hatchlings are more numerous and less visible due to their size during this time. 32) Avoid heavy equipment operation (except for prescribed burning and related activities) within 330 - feet of active, known and visibly apparent Little Blue and Tricolored Heron rookeries (two or more nests) from February through May. 33) Avoid heavy equipment operation (except for prescribed burning and related activities) within 400 - feet of active, known and visibly apparent Florida Sandhill Crane nests from February through May. 34) For Southeast American Kestrels, leave standing snags where they do not pose a safety issue, as per the Silviculture BMP Manual as incorporated in Rule 51-6.002 F.A.C., and avoid damaging or felling known nest trees. 35) Avoid prolonged heavy equipment operation (generally in excess of one day), except for prescribed burning and related activities, within 490 -feet of active, known and visibly apparent kestrel nests from March through June. 36) Schedule all vegetation removal, trimming, and grading of vegetated areas outside of the peak bird - breeding season to the maximum extent practicable. Use available resources, such as internet- based tools (e.g., the U.S. Fish and Wildlife Services Information, Planning and Conservation System, Avian Knowledge Network, or the county's existing biological profiles) to identify peak breeding months for local bird species; or, contact local Service Migratory Bird Program Office for breeding bird information. When project activities cannot occur outside the bird -nesting season, conduct surveys prior to scheduled activity to determine if active nests are present within the area of impact and buffer any nesting locations found during surveys. 37) Prepare a vegetation maintenance plan that outlines vegetation maintenance activities and schedules so that direct bird impacts do not occur. 38) No open burning would occur. All vegetative debris associated with the project must be disposed of properly and not placed in identified floodway or wetland areas. 39) Construction noise levels shall be minimized by ensuring that construction equipment is equipped with a recommended muffler in good working order. Impact to noise levels would be minimized by limiting construction activities that occur to between 7 a.m. and 5 p.m. 40) Utilities should be located before construction and coordination with local utility companies may need to occur. If planned outages are necessary, utility customers shall be given advanced notice. 41) Workers should use appropriate Personal Protective Equipment (PPE) and follow applicable Occupational Safety and Health Administration (OSHA) standards and procedures. 42) Work areas should be clearly marked with appropriate signage and secured against unauthorized entry. 43) Standard construction traffic -control measures shall be used to protect workers, residents, and the travelling public. 44) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 161 2) The Sub -Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) Project is approved with the condition that the enclosed list of deliverables shall be submitted 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA for closeout. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing. 6) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) Documentation that demonstrates no Duplication of Programs (DOP) shall or did occur, that other Federal programs have been investigated, and that the Applicant has coordinated with other appropriate Federal Agencies, upon project closeout. 9) A statement acknowledging that a final Operations and Maintenance (O&M) Plan shall be submitted to FEMA before project closeout. O&M Plan must include all of the following information: a) Information demonstrating that the requested wildfire project shall be maintained to achieve the proposed hazard mitigation. b) A description of the maintenance activities in the mitigation project (e.g., defensible space, hazardous fuels reduction, ignition -resistant construction). c) The period of time the community is committing to maintain the area and/or project site, which must be consistent with the project useful life in the Benefit -Cost Analysis. d) A discussion of the post -closeout activities that shall be undertaken to maintain the area and/or project site for the duration of the project useful life. e) The schedule for implementation of the maintenance activities. 10) Verification of compliance with current codes, project conditions, and Best Practices at closeout. This is FEMA project number 4283-95-R. It is funded under HMGP, FEMA -4283 -DR -FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4283. FEMA awarded this project on June 17, 2019; this Agreement shall begin upon execution by both parties, and the Period of Performance for this project shall end on March 31, 2021. Fj FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 162 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK State / Local Contracting: Construction Plan/Technical Specifications: Bidding / Permitting: Implementation/Construction: State / Local Inspection: Closeout Compliance. Total Period of Performance: BUDGET Line Item Budget* 2 Months 2 Months 2 Months 9 Months 3 Months 3 Months 21 Months Project Cost Federal Share Non -Federal Share Materials: $0.00 $0.00 $0.00 Labor: $230,754.00 $173,065.50 $57,688.50 Fees: $50,000.00 $37,500.00 $12,500.00 Agreement Amount: $280,754.00 $210,565.50 $70,188.50 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $280,754.00 $210,565.50 $70,188.50 *Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part Vl, D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $11,850.00 Funding Summary Federal Share: $210,565.50 (75.00%) Non -Federal Share: $70,188.50 (25.00%) Total Project Cost: $280,754.00 (100%) 163 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally. governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement. In addition to the above statutes and regulations, the Sub -recipient must comply with the following: The Sub -recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub -recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub -recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub -recipient and any land use permitted by or engaged in by the Sub -recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Sub -recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub -recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub -recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub -recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project. (1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 164 (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub -recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13(c)); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub -recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty days prior to the project expiration date. The Sub -recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes (8) Section 216.181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes 165 (14) 2 CFR, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and Part 39 (23) 42 U.S.C. 5154a 166 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub -recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub -recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub -recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub -recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub -recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub -recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub -recipient. Any cost incurred after a notice of suspension or termination is received by the Sub -recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub -recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub - recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub - recipient, this assurance shall obligate the Sub -recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is 167 used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes; (h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA), the Sub -recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm (k) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub - recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (1) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR, Section 800.8) by the proposed activity; and 168 (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800. (4) When any of the Sub -recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Sub -recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub -recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub -recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub -recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub -recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub -recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct the Sub -recipient to implement the treatment plan. If either the Council or the SHPO object, Sub -recipient shall not proceed with the project until the objection is resolved. (6) The Sub -recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub -recipient acknowledges that FEMA may require the Sub - recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub - recipient further acknowledges that FEMA may require the Sub -recipient to take all 169 reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub -recipient also acknowledges that FEMA will require, and the Sub -recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub -recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub -recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.; (aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; 170 (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f -300j, regarding the protection of underground water sources; (cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666. (ii) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub - recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub -recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub -recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 171 (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 172 Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB -RECIPIENT: INDIAN RIVER COUNTY REMIT ADDRESS: CITY: STATE: ZIP CODE: PROJECT TYPE: WILDFIRE MITIGATION PROJECT#: 4823-95-R PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H0259 APPROVED BUDGET: FEDERAL SHARE: MATCH: ADVANCED RECEIVED: N/A AMOUNT: SETTLED? Invoice Period: To Payment #: Eligible Amount 100% (Current Request) Obligated Federal Amount 75.0% Obligated Non- Federal 25.0% Division Use Only Approved Comments TOTAL CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB -RECIPIENT SIGNATURE: NAME / TITLE: APPROVED PROJECT TOTAL ADMINISTRATIVE COST $ APPROVED FOR PAYMENT $ DATE: TO BE COMPLETED BY THE DIVISION GOVERNOR'S AUTHORIZED REPRESENTATIVE DATE 173 SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MTIGATION ASSISTANCE PROGRAM SUB -RECIPIENT: INDIAN RIVER COUNTY PAYMENT #: PROJECT TYPE: WILDFIRE MITIGATION PROJECT #: 4283-95-R PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H0259 2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) ' Date of delivery of articles, completion of work or performance services. (per document) List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 174 REF NO2 DATES DOCUMENTATION° (Check) AMOUNT ELIGIBLE COSTS 100% 2 3 4 5 6 7 8 9 This payment represents % completion of the project. TOTAL 2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) ' Date of delivery of articles, completion of work or performance services. (per document) List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 174 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: INDIAN RIVER COUNTY If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for 90 days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three (list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. 175 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions: Complete and submit this form to the appropriate Project Manager within 15 days of each quarter's end date. SUB -RECIPIENT: INDIAN RIVER COUNTY PROJECT #: 4283-95-R PROJECT TYPE: WILDFIRE MITIGATION CONTRACT #: H0259 PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING: Advance Payment Information: Advance Received ❑ N/A ❑ Amount: $ Advance Settled? Yes ❑ No ❑ Provide reimbursement Projections for this project (projections may change): Jul -Sep 20_ $ Oct -Dec 20_ $ Jan -Mar 20_ $ Apr -Jun 20_ $ Target Dates: Contract Initiation Date: Contract Expiration Date: Estimated Project Completion Date: Project Proceeding on Schedule? ❑ Yes ❑ No (If No, please describe under Issues below) Percentage of Work Completed (may be confirmed by state inspectors): % Describe Milestones achieved during this quarter: Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates) Milestone Date Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non-compliant with your sub grant award. Person Completing Form: Phone: Date Reviewed: Actions: -- To be completed by Division staff — Reviewer: 176 Attachment G Warranties and Representations. Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.326), Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 5:00 PM, Monday Thru Friday, as applicable. Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient. 177 Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor, of the Sub -Recipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR By: Signature Name and Title Street Address City, State, Zip Date INDIAN RIVER COUNTY Sub -Recipient's Name H0259 DEM Contract Number 4283-95-R FEMA Project Number 178 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, Which is http://www.usaspending.gov/. The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM". or "Division") must use to capture and report sub -award and executive compensation data regarding first-tier sub -awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub - award (Agreement) that obligates $25,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT #: 4283-95-R FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $210,565.50. OBLIGATION/ACTION DATE: June 17. 2019 SUBAWARD DATE (if applicable): DUNS#: 079208989 DUNS# +4: 52 179 "If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.corh/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY PARENT COMPANY DUNS# (if applicable): STATE ZIP CODE+4,,, CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): 97.039 DESCRIPTION OF PROJECT (Up to 4000 Characters) As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to implement a countywide program for wildfire management; to reduce the potential for wildfires that adversely impact residents and businesses, by creating defensible spaces in the ten identified sites listed below in Indian River County, Florida. The proposed scope of work shall reduce fuel loads and thus create defensible spaces in areas where County -owned conservation lands abut existing development. Work activities shall include pruning, chipping and mowing within the designated work areas and in general and removal or mulching of vegetative. All activities shall be implemented using current codes and best practices, and shall.be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Project Locations: SITES ADDRESSES LATITUDE, LONGITUDE 1) Sebastian Scrub Conservation 1258 Schumann Drive, Sebastian, FL 27.76868, -80.46608 Area 32958 2) 58th Avenue Conservation Area 3) South Oslo Riverfront Conservation Area 4) Oslo Riverfront Conservation Area 5) Hallstrom Farmstead Conservation Area 6) North Sebastian Conservation Area 7) Sebastian Harbor Preserve 8) South County Park Bounded by 58th Ave. (East); Existing 27.67963, -80.4467 residential development (South & West); Existing horse farm (North) 185 9th Street SE Vero Beach, FL 32960 27.58634, -80.37311 150 9th Street SE Vero Beach, FL 32960 27.59494, -80.36953 1601 Old Dixie Highway Vero Beach, FL 27.57188, -80.37504 32962 1295 Main Street Sebastian, FL 32958 27.81632, -80.47907 184 Englar Drive Sebastian, FL 32958 27.77797, -80.47395 800 20th Avenue SW Vero Beach, FL 27.59135, -80.40533 32962 53 180 9) Ansin Riverfront Conservation 9700 Water Vliet Avenue Sebastian, FL 27.78873, -80.50287 Area 32958 10)Wabasso Scrub Conservation 5900 85th Street Sebastian, FL 32958 27.75569, -80.45356 Area PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No ❑ If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No'; move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes El No If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 .Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". 54 181 "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion ) Rank (Highest to Lowest) Name (Last, First, MI Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: 55 182 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 56 183 OMB Guidance (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compli- ance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Appli- cable to Contracts Covering Federally Fi- nanced and Assisted Construction"). In ac- cordance with the statute, contractors must be required to pay wages to laborers and me- chanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current pre- vailing wage determination issued by the De- partment of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal en- tity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti - Kickback" Act (40 U.S.C. 3145), as supple- mented by Department of Labor regulations (29 CFR Part 3, "Contractors and Sub- contractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or sub - recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensa- tion to which he or she is otherwise entitled. The non -Federal entity must report all sus- pected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non - Federal entity in excess of $100,000 that in- volve the employment of mechanics or labor- ers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is com- pensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be re- quired to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or Pt. 200, App. II materials or articles ordinarily available on the open market, or contracts for transpor- tation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit orga- nization regarding the substitution of par- ties, assignment or performance of experi- mental, developmental, or research work under that "funding agreement," the recipi- ent or subrecipient must comply with the re- quirements of 37 CFR Part 401, "Rights to In- ventions Made by Nonprofit Organizations and Small Business Firms Under Govern- ment Grants, Contracts and Cooperative Agreements," and any implementing regula- tions issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regula- tions issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Mandatory standards and policies re- lating to energy efficiency which are con- tained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). (I) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to par- ties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, sus- pended, or otherwise excluded by agencies, as well as parties declared ineligible under stat- utory or regulatory authority other than Ex- ecutive Order 12549. (J) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and. has not used Federal appropriated funds to pay any person or organization for influencing or at- tempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with ob- taining any Federal contract, grant or any 195 •.I 57 Pt. 200, App. III other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that .takes place in con- nection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (K) See §200.322 Procurement of recovered materials. APPENDIX III TO PART 200—INDIRECT (F&A) COSTS IDENTIFICATION AND ASSIGNMENT, AND RATE DETERMINA- TION FOR INSTITUTIONS OF HIGHER EDUCATION (IHES) A. GENERAL This appendix provides criteria for identi- fying and computing indirect (or indirect (F&A)) rates at IHES (institutions). Indirect (F&A) costs are those that are incurred for common or joint objectives and therefore cannot be identified readily and specifically with a particular sponsored project, an in- structional activity, or any other institu- tional activity. See subsection B.1, Defini- tion of Facilities and Administration, for a discussion of the components of indirect (F&A) costs. 1. Major Functions of an Institution Refers to instruction, organized research, other sponsored activities and other institu- tional activities as defined in this section: a. Instruction means the teaching and training activities of an institution. Except for research training as provided in sub- section b, this term includes all teaching and training activities, whether they are offered for credits toward a degree or certificate or on a non-credit basis, and whether they are offered through regular academic depart- ments or separate divisions, such as a sum- mer school division or an extension division. Also considered part of this major function are departmental research, and, where agreed to, university research. (1) Sponsored instruction and training means specific instructional or training activity es- tablished by grant, contract, or cooperative agreement. For purposes .of the cost prin- ciples, this activity may be considered a major function even though an institution's accounting treatment may include it in the instruction function. (2) Departmental research means research, development and scholarly activities that are not organized research and, con- sequently, are not separately budgeted and accounted for. Departmental research, for purposes of this document, is not considered as a major function, but as a part of the in- struction function of the institution. b. Organized research means all research and development activities of an institution that are separately budgeted and accounted for. It includes: 2 CFR Ch. II (1-1-14 Edition) (1) Sponsored research means all research and development activities that are spon- sored.by Federal and non -Federal agencies and organizations. This term includes activi- ties involving the training of individuals in research techniques (commonly called re- search training) where such activities utilize the same facilities as other research and de- velopment activities and where such activi- ties are not included in the instruction func- tion. (2) University research means all research and development activities that are sepa- rately budgeted and accounted for by the in- stitution under an internal application ofin- stitutional funds. University research, for purposes of this document, must be com- bined with sponsored research under the function of organized research. c. Other sponsored activities means programs and projects financed by Federal and non - Federal agencies and organizations which in- volve the performance of work other than in- struction and organized research. Examples of such programs and projects are health service projects and community service pro- grams. However, when any of these activities are undertaken by the institution without outside support, they may be classified as other institutional activities. d. Other institutional activities means all ac- tivities of an institution except for instruc- tion, departmental research, organized re- search, and other sponsored activities, as de- fined in this section; indirect (F&A) cost ac- tivities identified in this Appendix para- graph B, Identification and assignment of in- direct (F&A) costs; and specialized services facilities described in §200.468 Specialized service facilities of this Part. Examples of other institutional activities include operation of residence halls, dining halls, hospitals and clinics, student unions, intercollegiate athletics, bookstores, faculty housing, student apartments, guest houses, chapels, theaters, public museums, and other similar auxiliary enterprises. This definition also includes any other categories of activi- ties, costs of which are "unallowable" to Federal awards, unless otherwise indicated in an award. 2. Criteria for Distribution a. Base period. A. base period for distribu- tion of indirect (F&A) costs is the period during which the costs are incurred. The base period normally should coincide with the fiscal year established by the institution, but in any event the base period should be so selected as to avoid inequities in the dis- tribution of costs. b. Need for cost groupings. The overall ob- jective of the indirect (F&A) cost allocation process is to distribute the indirect.(F&A) costs described in Section B, Identification and assignment of indirect (F&A) costs, to W 185 58 GRANT NAME: Hazard Mitigation Grant Program - Countywide Wildfire Mitigation Plan Proj. No. 4283-95,R GRANT # AMOUNTOFGRANT: $280,754 total: $210,565.50 FEMA/HMGP; $70,188.50 ORC DEPARTMENT RECEIVING GRANT: Parks & Conservation. Resources/General Services CONTACT PERSON: Beth POWeii TELEPHONE: 772-226-1873 1. How long is the grant for? 18 mos; 3/31/21 Starting Date: 9/10/19; awarded 07/19 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In -Kind services? Yes x No 4. Percentage of match to grant 25 % 5. Grant match amount required % 70,188.50 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? recommend ubTa ing the Native Upland Mitigation Fund 12721037-033490 i 7. Does the grant cover capital costs or start-up costs? Yes x -NA No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listin&of costs) 8. Are you adding any additional positions utilizing the giant funds? Yes x No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement - Contributions 012.13 Insurance - Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching .$ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. 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I 3 F g 8w �i orwagw� o zwa,°z�Q$o�i a� om zo^z�<��af�y Rol l Q logo 2�W oa w OZ� w b:y n 5 go Noo b° qqd l �So 0 o_ sub" s ;Ri !� Ey ua _iYaa `a m m 2 o F, - Es s Now°wg ffi 4 r I o Y 'o �W€�w$apwG 'k, vtl lOm ri zoj O gi k; m 1 V � Ya"'O l bad 3Nn M/N !O 1HDIN0/&JSV3 dV 90Z OSf -1098 ON 7Y AVM ISI � � 3 Q, n �Orc C2'swS2 — 90 IVI - IO99DN dM AYM Al UpM70 YGF U N3d SY - AVM AA !%OdY A79 (S'ON (7V0N.31VLS) - I 'ONAVMHJIH Sn L 1 A -� .oma. a �q~$ a ix Dix "ss�uu�w6(7now a go o F g 8w �i orwagw� o zwa,°z�Q$o�i a� om zo^z�<��af�y wo ry�$$fO $w nF 2�W oa Noo b° qqd l o_ sub" s ua _iYaa m� �zrc�R�-,�<�w RI ssgwi o s Now°wg ffi I$ o�`n �W€�w$apwG lOm zoj O tea. �i H .��z ohoS<go�a� Ip woowo°1$og»� n �Orc C2'swS2 N r INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland M. DeBlois; AICP; Interim Community Development Director FROM: John W. McCoy, AICP; Chief, .Current Development DATE: August 29, 2019 SUBJECT: 1066 US HWY 1, LLC's Request for Final Plat Approval for a Commercial Subdivision to be known as Shoppes at 11th Commercial Subdivision [SD -17-09-03 / 95120053- 81017] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 10, 2019. DESCRIPTION & CONDITIONS: Shoppes at 11th is a commercial subdivision of a 3.16 acre parcel creating 2 commercial lots and a stormwater easement. The property is zoned CG (Commercial General). On September 28, 2017, the Planning and Zoning Commission granted preliminary plat approval for the Shoppes at 11th commercial subdivision, which was linked to a staff level site plan approval of a Goodwill store. The applicant subsequently obtained site plan release and constructed all of the required improvements to serve the Goodwill store. The site improvements for the Goodwill store provided for the overall commercial subdivision site's infrastructure. The Goodwill store is constructed on what will become Lot 2 and received a certificate of occupancy on October 25, 2017. A Taco Bell was more recently constructed on what will become Lot 1, and received a certificate of occupancy on March 22, 2019. The Board is now to consider granting final plat approval for, the Shoppes at 11th commercial subdivision. ANALYSIS: All of the required subdivision improvements have been completed. All improvements, with the exception of utility and perimeter sidewalks, will be privately dedicated. The utility improvements were warranted separately as part of the site plan process, and sidewalks were completed as part of the shopping center improvements. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for the Shoppes at 11th commercial subdivision. ATTACHMENTS: 1. Location Map 2. Plat Layout 189 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll 4 �_ Human Resources Director DATE: August 29, 2018 SUBJECT: Approval ofAgreementwith Florida Blue for the County's Excess Loss/Reinsurance Policv BACKGROUND: The County is partially self-insured in its Group Medical Insurance Program and we carry a policy that reimburses the.County for claims that exceed a specific limit. This type of policy is called a stop loss policy, excess loss policy, or reinsurance policy. The County's current excess loss/reinsurance policy is with Florida Blue and has a specific deductible of $300,000 for individual claims and an aggregate stop loss deductible of $100,000. The current annual premium for this policy is $635;146. This is based on a monthly composite & aggregate rate of $31.77 per 1,666 lives. Lockton has provided information regarding the current stop loss market. The trend reflects that high cost medical and Rx claims continue to be more frequent and severe with an increase of 87% from 2014 to 2017. Additionally, employers have a 63% likelihood of having a stop loss claim that includes high cost specialty injectable prescription drugs. Currently, the medical plan has five (5) ongoing high cost claims that are estimated to have an impact on the plan of $350K - $975K for the remainder of the current stop loss policy. Lockton Companies marketed the stop loss and received 2 firm quotes, with 10 carriers declining to quote due to being uncompetitive and/or historical losses. The firm quotes are from Florida Blue (Highmark) and Anthem. The various renewal options included maintaining the aggregate deductible at $100,000 and retaining the individual deductible at $300,000 or increasing the individual deductible to either $350,000, $400,000 or $425,000. ANALYSIS: Our broker/consultant Lockton Companies evaluated and reviewed the Florida Blue (Highmark) and Anthem quotes. The most competitive quote was from our current stoploss carrier Florida Blue. Florida Blue presented four coverage options. Three options included increasing the specific deductible from $300,000 to either $350,000, $400,000 or $425,000. Lockton used a Monte Carlo analysis to evaluate cost and risk. The results of the analysis indicate that although an increase in deductible would result in a premium savings; however, the premium savings 190 would not outweigh the increase in the deductibles that the County would likely be required to pay based on projected claims experience. After analysis of the proposals and the projected claims experience, Lockton is recommending we renew with the current specific deductible of $300,000 and aggregate specific deductible of $100,000. The premium for this policy is estimated at $813,674 annually, which is an increase of $178,528 or 28.1% above our current premium. Although this is a substantial increase from our current premium, it is below average stop loss benchmarking under Lockton's book of business. Under the Florida Blue renewal, the monthly specific premiums rate is $38.88 and the average rate for Lockton's book of business is $42.04 for a stop loss policy, with a specific deductible of $300,000. The.total monthly composite and aggregate rate under the renewal is $40.70 per member per month. Under this renewal, there is no laser and there is no commission paid. FUNDING Funding for the annual stop loss insurance premiums of $813,674 are included in the health insurance fund. RECOMMENDATION: Staff recommends and respectfully requests that the Board approve Renewal Option 1 with Florida Blue for the County's excess loss/reinsurance policy for plan year 2019/2020 and authorize the Chairman to execute the renewal agreement. ATTACHMENTS: Indian River County Self -Funded Reinsurance Renewal 2019/20 Lockton Companies Marketing Analysis and Monte Carlo Modeler 191 F4m4& B& (e :•:. V. An Independent Licensee of the Blue Cross and Blue Shield Association Sales Representative: Broker: TPA: Provider Network(s): Utilization ReviewVendor(s): George Epp[ LOCKTON COMPANIES LLC Florida Blue Florida Blue Florida Blue STOP LOSS PROPOSAL FOR Indian River County Board of.County Comm Effective Date: 10/01/2019 Through Date: 09/30/2020 Specific: (Check one) Lives Current Renewal Option Specific Deductible (per Covered Individual) P $300,000 $300,000 $350,000 Policy Year Maximum Specific Benefit Inforce Unlimited Unlimited Lifetime Maximum Specific Benefit Inforce Unlimited Unlimited Covered Benefits Med, Rx Card Med, Rx Card Med, Rx Card Specific Premium 1,666 $23,305,674 $26,685,322 Composite Rate 1,666 $30.14 $38.88 $31.35 l Total Lives 1,666 Aggregate Corridor Contract Basis 1 Estimated Contract Specific Premium $602,559 $777,289 $626,749 l Contract Aggregating Specific Loss Fund $100,000 $100,000 $100,000 Contract Basis 60/12 72/12 72/12 Commission 0.00% 0.00% 0.00% Aggregate: Covered Benefits Policy Year Maximum Med, Rx Card $1,000,000 Med, Rx Card $1,000,000 Med,Rx Card $1,000,000 Aggregate Factors j Composite Med & Rx Card Factor 1,666 ` $1,165.75 $1,334.80 $1,342.81 Estimated Contract Attachment Point 1,666 $23,305,674 $26,685,322 $26,845,458 Estimated Contract Minimum Attachment Point (100%) $23,305,674 $26,685,322 $26,845,458 Aggregate Corridor Contract Basis 125% 60/12 125% 72/12 125% 72/12 i Aggregate Premium 1 Composite Rate Estimated Contract Aggregate Premium Commission 1,666 1,666 $1.63 $32,587 0.00% $1.82 $36,385 0.00% $1.87 $37,385 0.00% Total Combined Estimated Contract Premium $635,146 $813,674 $664,134 Note: This proposal is not complete unless accompanied by the proposal notes and the basis of offer noted on the following pages. Individual Special Requirements: i9 Underwriter: KMC (July 25, 2019) 10580251945-2019-563895-4-3 Page 1 of 6 F�rr�li� 13�cte �•�. d Arc Independent Licensee of the Blue Cross and Blue Shield Association PROPOSAL NOTES STOP LOSS PROPOSAL FOR Indian River County Board of County Comm • The rates and factors in this proposal are firm. Please provide a signed proposal. • Large claim data must be submitted for any claims that are at or have the likelihood to exceed 50% of the group specific deductible. Large claim data must include: age, sex, diagnosis, prognosis, treatment plan, case management notes (if applicable), Pre -Cert and paidlpended claims. • The Estimated Contract Attachment Point includes the Aggregate Corridor level as shown. To determine Estimated Expected Claims, you may divide the Attachment Point or Attachment factors by the corridor level. • The specific rates in this proposal are based on an aggregating specific arrangement. Total Specific Liability includes estimated contract specific premium and the aggregating specific fund. • Human Organ Transplant benefits are payable in accordance with the underlying plan and are subject to the proposed Lifetime Maximum Specific Benefit offered within this proposal. • This proposal includes a 50% rate cap on the Specific Premium Rate at the renewal of your stop Joss policy. If applicable, this increase will also apply to the Aggregating Specific Loss Fund. The rate cap does not apply to Material Changes, including but not limited to the following: underlying plan document, our stop loss contract provisions, PPO network or TPA, and the rates may be further adjusted by such changes. The rate cap rider applies to this policy term only. It may be offered at subsequent stop loss policy renewals at the discretion of Underwriting. PROPOSAL ACCEPTANCE Leave of Absence (LOA) Policy for eligible employees is: Days or Weeks or Other and it is to be applied once per plan year per member and only after FMLA allowance is exhausted. Leave Of Absence allowance need not be used in consecutive days, but total time not actively at work during the plan year as a whole must not exceed the above outlined allowance plus the 90 day FMLA allowance. In the absence of Leave of Absence language in the group plan document, the above will be considered as the LOA policy as it relates to Stop Loss Eligibility and continuation of coverage only. Any subsequent changes must be approved by Florida Blue at least 30 days in advance of the effective date of the change. Failure to notify Florida Blue of your company's policy changes for Leave of Absence may result in a possible Stop Loss claim denial. Upon exhaustion of LOA benefits as described above, to continue Stop Loss eligibility members must be offered COBRA as outlined in the "Continuation of Coverage Under Cobra" section in your Group Benefit Book. All other eligibility requirements beyond the LOA allowance described here are outlined in the Group Benefit Book and apply to the Stop Loss in their entirety. Please acknowledge acceptance of the terms in this proposal by signing and returning by 08124/2019 (no signed proposal will be accepted after the effective date). Please also indicate which option is chosen and whether Aggregate is to be included, by checking. the appropriate boxes on the previous page. Failure to remit the signed agreement within the same period will result in updated large claim disclosure (and claims) being required for our review. All payments after the effective date of this policy, found on the previous page, must use the rates selected. Any deviation from the rates specified could result in an underpayment leading to a possible policy cancellation. Signature: Accepted on the Underwriter: KMC (July 25, 2019) day of , 20 Title: 193 3age 2 of 6 Fl,rrP4& B& (e 0 d An Independent Licensee of the STOP LOSS PROPOSAL FOR Blue Cross and Blue Shield Association Indian River County Board of County Comm Sales Representative: Broker: TPA: Provider Network(s): Utilization ReviewVendor(s): LOCKTON COMPANIES LLC Florida Blue Florida Blue Florida Blue Specific: (Check one) Lives Option 2 Option Specific Deductible (per Covered Individual) $400,000 $425,000- 425,000Policy PolicyYear Maximum Specific Benefit Unlimited Unlimited Lifetime Maximum Specific Benefit Unlimited Unlimited Covered Benefits Med, Rx Card Med, Rx Card Specific Premium 125% 72/12 125% 72/12 Composite Rate 1,666 $25.61 $22.99 Total Lives 1,666 $1.92 $38,385 0.00% $1.94 $38,784 0.00% Estimated Contract Specific Premium I $511,995 $459,616 Contract Aggregating Specific Loss Fund $100,000 $100,000 Contract Basis j 72/12 72/12 1 Commission I 0.00% 0.00% Covered Benefits Policy Year Maximum Med, Rx Card $1,000,000 Med, Rx Card $1,000,000 Aggregate Factors Composite Med & Rx Card Factor. 1,666 $1,348.15 $1,350.82 Estimated Contract Attachment Point 1,666 $26,952,215 $27,005,593 Estimated Contract Minimum Attachment Point (100%) $26,952,215 $27,005,593 f Aggregate Corridor Contract Basis 125% 72/12 125% 72/12 Aggregate Premium ! Composite Rate . 1,666 Estimated Contract Aggregate Premium 1,666 Commission $1.92 $38,385 0.00% $1.94 $38,784 0.00% Total Combined Estimated Contract Premium $550,380 $498,401 Effective Date: 10/01/2019 Through Date: 09/30/2020 Note: This proposal is not complete unless accompanied by the proposal notes and the basis of offer noted on the following pages. Individual Special Requirements: Underwriter: KMC (July 25, 2019) 10580251945-2019-563895-4-3 14age 3 of 6 FhGPmla. B& (e 0. 9 An Independent Licensee of the STOP LOSS PROPOSAL FOR Blue Cross and Blue shield Association Indian River County Board of.County Comm PROPOSAL NOTES (For Option 2.3) • The rates and factors in this proposal are firm. Please provide a signed proposal. • Large claim data must be submitted for any claims that are at or have the likelihood to exceed 50% of the group specific deductible. Large claim data must include: age, sex, diagnosis, prognosis, treatment plan, case management notes (if applicable), Pre -Cert and paid/pended claims. • The Estimated Contract Attachment Point includes the Aggregate Corridor level as shown. To determine Estimated Expected Claims, you may divide the Attachment Point or Attachment factors by the corridor level. • The specific rates in this proposal are based on an aggregating specific arrangement. Total Specific Liability includes estimated contract specific premium and the aggregating specific fund. • Human Organ Transplant benefits are payable in accordance with the underlying plan and are subject to the proposed Lifetime Maximum Specific Benefit offered within this proposal. • This proposal includes a 50% rate cap on the Specific Premium Rate at the renewal of your stoploss policy. If applicable, this increase will also apply to the Aggregating Specific Loss Fund. The rate cap does not apply to Material Changes, including but not limited to the following: underlying plan document, our stop loss contract provisions, PPO network or TPA, and the rates may be further adjusted by such changes. The rate cap rider applies to this policy term only. It may be offered at subsequent stop loss policy renewals at the discretion of Underwriting. PROPOSAL ACCEPTANCE Leave of Absence (LOA) Policy for eligible employees is: Days or Weeks or Other and it is to be applied once per plan year per member and only after FMLA allowance is exhausted. Leave Of Absence allowance need not be used in consecutive days, but total time not actively at work during the plan year as a whole must not exceed the above outlined allowance plus the 90 day FMLA allowance. In the absence of Leave of Absence language in the group plan document, the above will be considered as the LOA policy as it relates to Stop Loss Eligibility and continuation of coverage only. Any subsequent changes must be approved by Florida Blue at least 30 days in advance of the effective date of the change. Failure to notify Florida Blue of your company's policy changes for Leave of Absence may result in a possible Stop Loss claim denial. Upon exhaustion of LOA benefits as described above, to continue Stop Loss eligibility members must be offered COBRA as outlined in the "Continuation of Coverage Under Cobra" section in your Group Benefit Book. All other eligibility requirements beyond the LOA allowance described here are outlined in the Group Benefit Book and apply to the Stop Loss in their entirety. Please acknowledge acceptance of the terms in this proposal by signing and returning by 08/24/2019 (no signed proposal will be accepted after the effective date). Please also indicate which option is chosen and whether Aggregate is to be included, by checking the appropriate boxes on the previous page. Failure to remit the signed agreement within the same period will result in updated large claim disclosure (and claims) being required for our review. All payments after the effective date of this policy, found on the previous page, must use the rates selected. Any deviation from the rates specified could result in an underpayment leading to a possible policy cancellation. Signature: Accepted on the day of , 20 Title: Underwriter: KMC (July 25, 2019) 10580251945-2019-563895-4-3 195age 4 of 6 An Independent Licensee of the STOP LOSS PROPOSAL FOR Blue Cross and Blue Shield Association Indian River County Board of County Comm initials: date: BASIS OF OFFER Assumptions • Aggregate coverage is only available when purchased with Specific coverage. • This proposal is subject to revision if there is a change in effective or renewal dates, or a change in the plan of benefits. • This proposal is based on the utilization of the Provider Network(s) and the Utilization Review Vendor(s) listed on this proposal. • This proposal assumes a minimum participation level of 75% applies for all eligible enrollees under a contributory plan, and 100% under a non- contributory plan. • This proposal assumes the plan of benefits includes a pre -certification, utilization review and large case management program. • This proposal is based on a description of the employee benefit plan(s) provided and approved by Florida Blue, employee and dependent census data, plus any other information relevant to the underwriting risk. If any of the information was incorrect or changes the risk involved, the rates and factors will be modified, and the specific and aggregate claims will be adjusted accordingly. • Surcharges (including the bad debt and charity surcharge portion of the New York Reform Act applicable to services are rendered in New York State), pool charges, and/or covered lives assessments may be covered under the stop loss policy if such charges are considered a claim cost. Florida Blue is not responsible for the filing, and/or payment of any assessment for which Florida Blue is not directly liable including but not limited to the New Hampshire Vaccine Assessment as modified by NH HB 664. • All standard Policy provisions apply. The laws of the state where the policy is issued will apply. Certain exclusions and limitations may apply. • Retirees are included in the stop loss coverage. • This proposal will expire on the proposed effective date. • The dollar vfilue of the minimum attachment point shown above is representative. The actual value of the minimum attachment point will be calculated according to the terms of the stop loss policy. • Unless otherwise limited or excluded by the stop loss policy or under the Individual Special Requirements, eligible claim expenses under the stop loss policy will follow the covered underlying plan, up to the proposed Specific Benefit Maximum. • The Agent is properly licensed and appointed by Florida Blue. • The initial rates are guaranteed for the proposed policy period unless otherwise noted. • There are not more than 15% COBRA participants. Qualifications • Any stop loss insurance requested and requested effective date of that coverage must be approved by us under our current rules and practices • Both the premium rates and the aggregate factors are subject to change should the number of employees change by 10% or more, either in total and/or by single/family mix. • If the descriptions of the benefits or plan provisions differ from what was initially utilized to underwrite the risk, an updated Plan Document or other acceptable plan description is required within 30 days of the proposed effective date, and the premium rates and aggregate factors may be subject to re -rating, retro -active to the effective date. • Quote assumes the Plan Document will include traditional industry provisions and definitions including, but not limited to the following: eligibility, HIPAA, termination provisions, extension for leave of absence or disability, FMLA, subrogation, transplants, COB, exclusions for job related injuries, experimental and cosmetic treatment, usual and customary charges, war, not medically necessary, traveling outside of the U.S. solely for the purpose of receiving medical care. In the event that a Plan Document is not available within 30 days from the proposed effective date, we reserve the right to issue the Policy assuming standard exclusions will apply. • HIPAA Privacy rules permit the release of Protected Health Information (PHI) for the purpose of evaluating and accepting risk associated with the Plan Sponsor as part of "Health care operations". Florida Blue will use this information solely for the purpose of evaluating and accepting the risk and will not disclose any PHI collected except to perform this risk evaluation. Coverage is underwritten by Florida Blue, Jacksonville, FL and is administered by HM Life Insurance Company, Pittsburgh, PA, HM Life Insurance Company is an independent company providing only administrative services. Underwriter: KMC (July 25, 2019)10580251945-2019-563895-4-3 19 Page 5 of 6 F&Pzwa B& (e 0. d An Independent Licensee of the Blue Cross and Blue Shield Association STOP LOSS PROPOSAL FOR Indian River County Board of County Comm The rates and factors in this proposal are based on the disclosure of all individuals considered a special enrollee due to having previously satisfied the plan's lifetime maximum. Written acceptance by Florida Blue must be acknowledged before terms of coverage for such individuals are included under Florida Blue's stop loss policy. Any stop loss policy issued by us may be rescinded or re -underwritten if any information requested in connection with this proposal was intentionally concealed or misrepresented by or on behalf of the Applicant and/or the Applicant's Agent, or if the Applicant and/or the Applicant's Agent commits fraud. As used above: An "Agent" is the Applicant's representative, including but not limited to, the agent, producer or broker of record, or Claims Administrator. The "Applicant" is the entity, or that entity's authorized representative, that has contracted with us to provide stop loss coverage. A "Claims Administrator" is a third party administrator (TPA) designated by the Applicant and approved by us. "Claim Information" consists of Complete Details of the data requested by us in connection with this proposal following a Diligent Review; such information includes but is not limited to Know or potential catastrophic claims, large claims and/or shock losses. "Complete Details" includes the name, social security number (or unique identifier), date of birth, diagnosis, prognosis (unless prognosis cannot be obtained due to reasons beyond your or your Claims Administrator's control) of the plan's participants and the name of the provider providing treatment to any such participant covered by or eligible for coverage. A "Diligent Review" consists of a complete review by you, and/or your Claims Administrator and/or your Agent prior to the date Known or potential catastrophic claims, large claims and/or shock losses are requested by us in connection with this proposal. "Disclosure" consists of Complete Details and any other documentation requested by us in connection with this proposal following a Diligent Review including but not limited to census information and Claim Information. We consider information in connection with this proposal "Known" if, prior to the date or dates we request such information (including but not limited to Disclosure and Claim Information) a reasonable person can assume that you, and/or your Claims Administrator and/or your Agent had knowledge of any information that affects or may affect the administration or underwriting of any coverage issued following acceptance of coverage by us. Coverage is underwritten by Florida Blue, Jacksonville, FL and is administered by HM Life Insurance Company, Pittsburgh, PA. HM Life Insurance Company is an independent company providing only administrative services. 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N o o u v ♦ ♦ ♦ •N I ♦ M ♦ �M -NIMH •11► ♦« ♦ .p ' F • ♦ i TLn -I i ♦ • - • ♦ ow ♦4w4 •1111► ♦N N•♦•N♦♦ « ♦, 4 •♦ Cl ( • • • ♦ • w♦ •• ♦• • • i ♦•o� ♦♦w• �•♦ ♦♦• i o ♦ ♦ o • • I o• i j • •♦ N ♦ i ii ♦ wi ♦ w ♦ ♦ ~w NM's► ♦ ♦ ♦♦ ♦ � - N M ♦ ♦ �1 • i O O O _ 00 O O O O M N NLn Ln N N {n ;eb a;isodwo, pa;snfpy Ln t' 0 J Q 0 N CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 8, 2019 SUBJECT: Request for Ratification Florida Department of Law Enforcement FY17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Contract No. 2019-JAGC-INRI-4-N2-172 FROM: Kristin Daniels Director, Management and Budget DESCRIPTIONS AND CONDITIONS. On July 29, 2019 Indian River County received a letter from Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, notifying us that we have been awarded a subgrant in the amount of $11,782.00 approved under Florida's State JAG award 2017 -MU - BX -0187. On July 31, 2019, Bob Solari, Chairman of the Board of County Commissioners executed the FDLE Certificate of Acceptance on behalf of the Board. RECOMMENDATION Staff recommends that the Board of County Commissioners ratify the Chairman's action in executing the Certificate of Acceptance. 202 Florida Department of Business Support Ron DeSantis, Govemor Law Enforcement Office of Criminal Justice Grants Ashley Moody, Attorney General Post Office Box 1489 Jimmy Patronis, Chief Financial Officer Richard L. Swearingen Tallahassee, FL 32302-1489 Nikki Fried, Commissioner ofAgriculture Commissioner (850) 617-1250 www.fdle.state.fi.us July 23,:2019 Honorable Bob Solari Chairman Indian River County Board of Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Re: Contract No. 2019-JAGC-INRI-4-N2-172 Dear Chairman Solari: The Florida Department of Law Enforcement is pleased to award to the Indian River County Board of Commissioners a subgrant in the amount of $11,782.00 for the project titled AED AVAILABILITY PROGRAM. This subgrant is provided under the Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide Program and approved under Florida's state JAG award 2017 -MU -BX -0187 from the United States Department of Justice (DOJ). These funds shall be used for the purpose(s) identified in the enclosed subaward agreement. This subaward is subject to all administrative and financial requirements, including timely submission of all financial and performance reports and compliance with all standard conditions. In order to meet the requirements of the Transparency Florida Act (215.985, F.S.), this agreement is provided to the Florida Accountability Contract Tracking System (FACTS). If this agreement contains confidential or exempt information not subject4o disclosure under Chapter 119, F.S., please contact the Office of Criminal Justice Grants (OCJG) for guidance on requesting an exemption. The enclosed Certificate of Acceptance. is required to be completed and returned within thirty (30) calendar days from the date of award. Completion of the Certificate of Acceptance constitutes official acceptance of the subaward and all associated terms and conditions. The Department is unable to reimburse any. project expenditures until this certificate is received. We look forward to working with you on this project. Please contact your grant manager at (850)617-1250 if you have any questions or if we can be of further assistance. Sincerely, ona Kay Cradit Bureau Chief RKC/bb Enclosures Service • Integrity • Respect • Quality 203 r State of Florida. Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road .Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE - Received JUL 3 12019 0614--0 Of Criminal Justice Grants Thesubgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2019-JAGC-INRI-4-N2-172, in the amount of $11,782.00, for a project titled, AED AVAILABILITY PROGRAM, for the period of 07101/2019 through 03/31/2020, to be implemented in accordance with the approved .subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. This subaward requires that the subrecipient adhere to the following:. SUPPLANTING: Federal funds must be used to supplement existing state or local funds for program activities and may not replace state or local funds which have been appropriated or allocated for the same purpose. Federal funds may also not be used to replace state or local funds required by law. In accepting this. :award the subrecipient certifies that it will not or has not supplanted with federal funds for the approved project. PROCUREMENT STANDARDS: The subrecipient certifies all procurement transactions will comply with the subrecipient's procurement policy provided the policy. is compliant with the requirements set forth in the Office of Management and Budget (OMS) Uniform Requirements, 2 C.F.R. 200.317-326. in the event the subrecipient's procurement policy does not comply with the OMB procurement requirements, the subrecipient ensures all grant - related procurements will be conducted in a manner consistent with the federal standards. CONFLICT OF INTEREST: Decisions related to use these grant funds must be free from undisclosed personal or organizational conflicts of interest, both in fact and in appearance. The subrecipient certifies the unit of government below is compliant with OMB Uniform Requirements, 2 C.F.R. 200.112, regarding conflict of interest, and will notify FDLE's Office of Criminal Justice Grants, in writing, of any potential conflicts of interest in accordance with this agreement. The subrecipient also agrees to disclose in a timely manner, in writing, all violations of state or federal criminal law involving fraud, bribery, or.gratuity violations. 8 U.S.C. 1373: The subrecipient certifies the unit of government below is in, and will maintain throughout the life of this subaward, compliance with the conditions outlined in the subaward Standard Conditions, Section VII Compliance with 8 U.S.C. 1373. The subrecipient also agrees to disclose in a timely manner, in writing, all violations of these conditions, and any credible evfdence.indioating a federally funded program or activity, at any tier, is subject to an "information communication restriction." (Signature of Subgrahlee's Authorized Official) (Print Name and Title of Official)' (Name of Subgrantee) (Date of Acceptance) Rule Reference 11 D-9.006 OCJG-012 (rev. June 2012) 204 CERTIFICATE OF SUBAWARD Subrecipient: Indian River County Board of Commissioners Date of Award: 7/21/2019 Grant Period: From: 07/01/2019 TO: 03/31/2020 Project Title: AED AVAILABILITY PROGRAM Grant Number: 2019-JAGC-INRI-4-N2-172 Federal Funds: $11,782.00 Matching Funds: $0.00 Total Project Cost: $11,782.00 CFDA Number: 16.738 Federal Award Number: 2017 -MU -BX -0187 Federal Awarding Agency: U.S. Department of Justice (USDOJ) Pass-through Entity: Florida Department of Law Enforcement (FDLE) Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751-3759); the Consolidated Appropriations Act, 2008, Public Law 110-161; and.Public Law 109-162, Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice's. Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies, Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Office of Justice Programs (OJP) Financial Guide, Common Rule for State and Local Governments, and/or Office of Management and Budget (OMB) Uniform Grant Requirements (2 C.F.R. Part 200), in their entirety. It is also subject to the attached standard. conditions and such further rules, regulations and policies as may be reasonably: prescribed by the State or Federal Government consistent with the purposes and authorization of Public Law 90-351, as amended, and Public Law 100- 690. This award is a cost -reimbursement agreement for satisfactory performance of eligible activities. Requests.for reimbursement may be submitted quarterly or monthly as designated in the Financial Section of the agreement. Requests for reimbursement will be processed in conjunction with receipt and review of programmatic performance reports to:determine successful completion of minimum performance for deliverables. Expenditures must be supported with documentation and provided to the Department upon request. Failure to comply with provisions of this agreement, or, failure to meet minimum performance specified in the agreement will result in required corrective action up to and including project costsbeing disallowed, withholding of federal funds and/or termination of the project, as specified within the terms of the agreement and OMB Uniform Guidance 200.338 - 200.342. Within thirty (30) days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award must be returned to the Department. Authorized Official Date Rona Kay Cradit Bureau Chief (This award is subject to special conditions (attached). 205 r State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SPECIAL CONDITION(S) Subrecipient: Indian River County Board of Commissioners Grant Number: 2019-JAGC-INRI-4-N2-172 Grant Title: AED AVAILABILITY PROGRAM In addition.to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition(s): Ref# S39741: WITHHOLDING OF FUNDS: Within.sixty (60) days of award, the Indian River County Board of Commissioners and Indian River County Sheriffs Office must submit a current EEO Certification, Plan, and/or Approval Letter to the Office of Criminal Justice Grants. 206 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: September 10, 2019 Subject: Miscellaneous Budget Amendment 014 Description and Conditions 1. The Tax Collector's Office has submitted Budget Amendment # 1 in the amount of $80,900 for FY 18/19. The opening of the Oceanside Office has a net increase of $48,000, the Sebastian re -location has a net increase of $32,900 along with the purchase of new antivirus software, a new printer, 3 new Surface Pros and advertising for the new addresses. Exhibit "A" appropriates funding from General Fund/Cash Forward -Oct 1. 2. The Library has received donations totaling $1,744. Exhibit "A' appropriates these donations to the General Fund/Main Library/Preservation/Restoration Account. 3. Walker's Glen and Floralton Beach streetlighting districts' electric expenses are exceeding budgeted estimates. Exhibit "A" appropriates additional funding in the amount of $50 from Walker's Glen/Cash Forward -Oct 1 st and $50 from Floralton Beach/Cash Forward -Oct 1 st. 4. The Federal Transit Administration has awarded the Section 5307 grant for 2019 in the amount of $2,702,282. Exhibit "A" appropriates these grant funds to the General Fund/Senior Resource Assoc./Community Transit Coordinator expense accounts. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2018-2019 budget. 207 RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2018-2019 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2018-2019 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2018-2019 budget, as more specifically set forth in. Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2018-2019 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Peter D.O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of )2019. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Bob Solari, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATiMNEY Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 014 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward -Oct 1 st 001038-389040 $80,900 $0 Expense General Fund/Tax Collector/Budget Transfer -Tax Collector 00140086-099070 $80,900 $0 2. Revenue General Fund/Donations-Main Library 001038-366095 $1,744 $0 Expense General Fund/Main Library/Preservation/Restoration 00110971-038960 $1,744 $0 3. Revenue Walkers Glen/Streetlights/Cash Forward -Oct 1st 196039-389040 $50 $0 Floralton/Streetlights/Cash Forward -Oct 1st 198039-389040 $50 $0 Expense Walkers Glen/Streetlights/Electric Services 19628041-034310 $50 $0 Flora lton/Streetlights/Electric Services 19828041-034310 $50 $0 4. Revenue General Fund/FTA Section 5307 -SRA 001033-331410 $2,702,282 $0 Expense General Fund/Community Transportation Coordinator/SRA 00111041-088230-54001 $1,700,000 $0 General Fund/Community Transportation Coordinator/SRA/Other Machinery & Equipment 00111041-066490-54001 $1,002,282 $0 209 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: August 27, 2019 Subject: Miscellaneous Budget Amendment 015 Description and Conditions The 2018/2019 fiscal year ends September 30, 2019. All budget amendments must be completed within sixty (60) days after the close of the fiscal year to be in compliance with Florida Statutes. Staff is requesting the Board of County Commissioners to authorize the Budget Director to complete any necessary budget amendments for balancing the budget for the 2018/2019 fiscal year. Staff Recommendation Staff recommends that the Board of County Commissioners approve the budget resolution amending the fiscal year 2018/2019 budget. Attachment Budget Resolution 210 RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR OR THE DIRECTOR OF THE OFFICE OF MANAGEMENT & BUDGET OR THEIR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO AMEND THE FISCAL YEAR 2018-2019 BUDGET DURING THE PERIOD COMMENCING NOVEMBER 13, 2019, THROUGH AND INCLUDING NOVEMBER 29, 2019. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, it is necessary to delegate signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Assistant County Administrator, and the Director of the Office of Management and Budget to be able to make any necessary amendments to the Fiscal Year 2018-2019 budget prior to the closing of the fiscal year; and WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2018-2019 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes or by the designated budget officer if the total appropriations of the fund does not change; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that: 1. The County Administrator, the Assistant County Administrator, and the Director of the Office of Management & Budget or their designee are authorized to execute all documents necessary to amend the Fiscal Year 2018-2019 budget, which may arise during the period commencing November 13, 2019, through and including November 29, 2019, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 2. The Effective Date of this Resolution is September 10, 2019, and this Resolution shall expire without further action of this Board at the close of business on November 29, 2019. The foregoing resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc 211 The Chairman thereupon declared the resolution duly passed and adopted this day of , 2019. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS and OF INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman Approved as to form and legal sufficiency LIM Dylan Reingold, County Attorney 212 Resolution No. 2019 - Budget Office Ap Exhibit "A" Kristin Daniels, Budget Director Budget Amendment: 015 Entry Fund/ Department/Account Name Account Number Increase Decrease Number 213 CONSENT INDIAN RIVER COUNTY' OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 4, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Professional Services Agreement for RFP 2019060 — FEMA Public Assistance Consulting Services BACKGROUND: On August 13, 2019, the Board approved the selection committee's final ranking of firms for FEMA Public Assistance and Consulting Services, and authorized negotiations with the top ranked firm, Witt O'Briens, LLC. ANALYSIS: Staff successfully reached an agreement on terms on August 29, 2019 with Witt O'Briens. In preparation for potential impact and need for the consulting services as a result of. Hurricane Dorian, the County Administrator executed the agreement under his authorization granted by the Board through Resolution 19-058. The document was electronically signed by the consultant and county, with this document available in the Purchasing: Division for review. Staff now presents the agreement to the Board for ratification and formal execution of the agreement by the Chairman. FUNDING: Any expenses incurred for work under the agreement are anticipated to be funded through FEMA's reimbursement of direct administrative cost. RECOMMENDATION: Staff recommends the Board approve the agreement, ratify the County Administrator's execution of the agreement, and authorize the Chairman to formally sign the agreement. Attachment: Professional Services Agreement 214 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") effective this 29th day of August 2019 is entered into by and between Indian River County, a political subdivision of the State of Florida (,'Client"), with offices at 1800 27th Street, Vero Beach, Florida 32960 and Witt O'Brien's, LLC ("Consultant"), located at 818 Town & Country Blvd., Suite 200, Houston, Texas 77024. For purposes of this Agreement, Client and Consultant may be referred to individually as the "Party" or collectively as the "Parties". WHEREAS, Consultant is in the business of providing certain consulting services, and is willing to provide such services to Client; WHEREAS, through the solicitation and selection process for RFP 2019060, Client has selected and desires to utilize Consultant's services as provided for herein; and, NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties hereto agree as follows: 1. Recitals. The above -referenced recitals are true and correct, and are incorporated herein. 2. Scope of Work. Consultant shall provide the services set forth in Appendix A, attached hereto and incorporated herein ("Services"). Consultant shall furnish all reports and deliverables as set forth in Appendix A in accordance with the terms set forth therein (hereafter "Deliverables"). The Services shall be requested by issuing a Notice to Proceed via email to be mutually agreed in writing by the Parties (the "NTP") or task orders executed by both Parties (the "Task Order"), in the form substantially similar to the template attached hereto as Appendix D. All NTPs and Task Orders are incorporated herein by reference.] 3. Period of Performance. This Agreement shall remain in full force and effect for an initial term of one year, with two additional one-year renewals available, subject to mutual agreement, unless otherwise terminated by mutual.consent of the parties hereto. 4. Fees. In consideration of Services performed hereunder, Client shall pay Consultant in accordance with Appendix B. which is incorporated into and forms part of this Agreement. Payment terms for the Agreement shall be in accordance with Section 12 of this Agreement. 5. Consultant's Responsibilities. Consultant shall perform the Services utilizing the standard of care normally exercised by professional consulting firms in performing comparable services under similar conditions. CONSULTANTMAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, EXCEPTAS SPECIFICALLY SET FORTH IN THIS AGREEMENT. 6. Client's Responsibilities. Client shall make timely payments in accordance with the terms and conditions of this Agreement. Client shall provide site access to the site or facility at which the Services are to be performed at such times as may reasonably be required by Consultant and shall make timely payments in accordance with the terms and conditions of this Agreement. To the extent Client has access to information relating to the Services to be performed; Client shall provide such information as is reasonably available and appropriate for the efficient performance of the Services ("Information"). Such Information includes, but is not limited to, available site history and the identification, location, quantity, concentration and character of known or suspected hazardous conditions, wastes, substances or materials that are likely to pose a significant risk to human life, health, safety or to the environment (Hazardous Waste). Consultant shall be entitled to rely upon the Information provided by the Client or the Client's agents without independent verification except to the extent set forth herein and shall bear no liability arising from such reasonable reliance 7. Commencement and Completion of the Services. The Services shall commence and shall be completed on the respective dates specified in this Agreement or, in the absence of such specification, as soon as good practice and due diligence reasonably permit. 215 PSA w/ FEMA Clauses Page 1 of 13 8. Confidential Information. Confidential information ("Confidential Information") disclosed by either Party under this Agreement shall be clearly labeled and identified as Confidential Information by the disclosing party at the time of disclosure. When concurrent written identification of Confidential Information is not feasible at the time of such disclosure, the disclosing party shall provide such identification in writing promptly thereafter. Confidential Information shall not be disclosed to any other person except to those individuals who need access to such Confidential Information as needed to ensure proper performance of the Services. Neither Party shall be liable for disclosure or use of Confidential Information which: (1) is generally available to the public without breach of this Agreement; (2) is disclosed with the prior written approval of the disclosing party; or (3) is required to be released by applicable law or court order. Each Party shall return all Confidential Information relating to this Agreement to the disclosing party upon request of the disclosing party or upon termination of this Agreement, whichever occurs first. Each Party shall have the right to retain a copy of the Confidential Information for its internal records and subject to ongoing compliance with the restrictions set forth in this Section 8. 9. Deliverables. Upon payment in full for the Services, and unless otherwise agreed to by the Parties, the Deliverables, when applicable shall be the property of the Client. The Consultant shall not disclose the Deliverables relating to the Services to a third party without the prior written authorization of the Client. Client shall be solely responsible for any disclosure of the Deliverables, which may be required by law and agrees to indemnify and hold, subject to the limits set forth in Section 768.28, Florida Statutes, Consultant harmless for any loss, liability, or claim resulting from Client's failure to make such disclosure and fully indemnify Consultant. Where applicable law requires immediate disclosure of the Deliverables by the Consultant, Consultant shall make its best efforts to give prior notice to Client. At Client's request and expense, Consultant will assist the Client in making such disclosures as may be required by law. Notwithstanding the foregoing, the Client acknowledges that in the course of its performance under the Agreement the Consultant may use products, materials and methodologies that are deemed Confidential Information to the Consultant, and the Client agrees that it shall have or obtain no rights in such Confidential Information except pursuant to a separate written agreement (if any) executed by the Parties. 10. LIABILITY AND INDEMNIFICATION 10.1 CONSULTANT PEOPLE AND PROPERTY. TO THE EXTENT PERMITTED BY LAW, CONSULTANT WILL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS CLIENT, FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, COSTS (INCLUDING LEGAL FEES), EXPENSES AND LIABILITIES IN RESPECT OF: (a) LOSS OF OR DAMAGE TO THE PROPERTY OF CONSULTANT WHETHER OWNED OR LEASED BY CONSULTANT; AND (b) PERSONAL INJURY, INCLUDING DEATH OR DISEASE, TO ANY PERSON EMPLOYED BY CONSULTANT; ARISING FROM OR RELATING TO CONSULTANT'S PERFORMANCE OF THE AGREEMENT. 10.2 CLIENT PEOPLE AND PROPERTY. TO THE EXTENT PERMITTED BY LAW, AND TO THE LIMITS SET FORTH IN SECTION 768.28, FLORIDASTATUTES CLIENT WILL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS CONSULTANT FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, COSTS (INCLUDING LEGAL FEES), EXPENSES AND LIABILITIES IN RESPECT OF: (a) LOSS OF OR DAMAGE TO THE PROPERTY OF CLIENT WHETHER OWNED OR LEASED BY CLIENT; AND (b)PERSONAL INJURY, INCLUDING DEATH OR DISEASE, TO ANY PERSON EMPLOYED BY CLIENT; ARISING FROM OR RELATING TO THE CLIENT'S ACTIONS IN CONNECTION WITH THE AGREEMENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY FOR FRAUD. 216 PSA w/ FEMA Clauses Page 2 of 13 10.3 LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. EXCEPT FOR INDEMNITY OBLIGATIONS AND CLAIMS ARISING FROM BREACH OF CONFIDENTIALITY, EACH PARTY'S LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, THE FEES ACTUALLY PAID BY CLIENT TO CONSULTANT UNDER THIS AGREEMENT. 10.4 APPLICATION OF INDEMNITIES AND LIMITATIONS OF LIABILITY. ALL INDEMNITIES AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF CAUSE AND NOTWITHSTANDING ANY NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, PASSIVE OR GROSS), BREACH OF DUTY (WHETHER STATUTORY, CONTRACTUAL OR OTHERWISE) OR OTHER FAULT OR STRICT LIABILITY OF ANY PARTY (INCLUDING ANY INDEMNIFIED PARTY), AND SHALL APPLY IRRESPECTIVE OF ANY CLAIM IN TORT, UNDER CONTRACT OR OTHERWISE AT LAW. 11. Acceptance. Client shall have ten (10) days from the date each deliverable is made to Client to reject all or part of each Deliverable. Each Deliverable, to the extent not rejected in writing by Client, shall be deemed accepted. 12. Payment Terms. Invoices will be submitted to finance@irceov.com with a copy to kdaniels@ircgov.com .and may be submitted every 15 days, or in the alternative every 30 days, and payment is due net 30 days after receipt of such invoice. Invoices for out of pocket expenses may be submitted every 15 days and payment is due net 30 days after receipt of the invoice. Timely payment is a material part of the consideration for the performance of the Services and will be subject to the Florida Prompt Payment Act. Invoices are considered accepted by Client unless a written notice explaining rejection of specific charges is provided to Consultant within ten (10) days from date submitted. A service charge equivalent to 1.5% (per month) of invoice amount may be assessed by Consultant and will be paid by Client for invoices aging beyond 30 days until invoice is paid in full. 13. Currency of Payment. Unless otherwise set forth in this Agreement, all payments shall be made in United States Dollars ($US). Where exchange rates are involved, the rate of exchange between $US and the other currency involved in the transaction shall be the rate of exchange as of the date of invoice. The date of each invoice shall be clearly marked on each invoice. 14. Health & Safety. Client shall notify Consultant of any known or suspected hazards existing at any site where the Services are to be provided, including but not limited to, hazardous waste, substances or materials and underground utilities. 15. Conflict of Interest. The Client acknowledges that the Consultant provides similar services for a broad range of other clients and agrees that Consultant shall be free to work for other clients in matters that do not involve the use of any Confidential Information that has been disclosed by the Client under the terms of this Agreement or do not directly relate to the specific Services provided by the Consultant to the Client under this Agreement. 16. Force Majeure. Neither Party shall be responsible for any delay or failure in performance, other than the obligation to make payments for work previously performed, to the extent that such delay or failure was caused by a force majeure event including Act of God, war, civil disturbance, governmental action, labor dispute unrelated to and without fault or negligence of the party claiming the force majeure event, computer virus, or denial of access to the site or any other event beyond the reasonable control of the claiming party. Performance under this Agreement shall resume promptly once the cause of delay or failure ceases and an equitable adjustment shall be made to the price and/or schedule of the Services including any mobilization or demobilization costs of Consultant.. 17. Notice. Any notice given by either Party shall be in writing and shall be given by email with delivery confirmation, or registered or certified mail, return receipt requested, postage prepaid, or Federal Express or DHL courier, shipped prepaid, addressed to the Parties at the addresses herein designated for each Party or at such other addresses as they may hereafter designate in writing. 217 PSA w/ FEMA Clauses Page 3 of 13 Indian River County, FL Witt O'Brien's, LLC Attention Kristin Daniels, Budget Director Attention: Director of Contracts Address: 1800 27th Street 818 Town & Country Blvd., Suite 200 Vero Beach, Florida 32960 Houston, TX 77024 Phone: (772) 226-1257 Phone: 281-606-4721 Alternate Phone: (202) 207-2935 Email:Kdaniels@irceov.com; contractrequests@wittobriens.com with a copy to cioiner@wittobriens.com For Legal Notices: For Legal Notices, a copy shall be provided to: County Attorney Witt O'Brien's, LLC 180027 th Street Attention: Legal Counsel Vero Beach, FL 32960 2200 Eller Drive dreineold@ircgov.com Fort Lauderdale, FL 33316 Email: blons@ckor.com with a copy to cioiner@wittobriens.com 18. Changed Conditions. The discovery of any hazardous waste, substance or material; underground obstruction; underground utilities; or other latent obstruction to the performance of the Services to the extent that such conditions are not the subject of the Services, and to the extent that such conditions were not brought to the attention of the Consultant prior to execution of this Agreement, or any change in law that materially affects the obligations or rights of either Party under this Agreement, shall constitute a materially different site condition entitling the Consultant to an equitable adjustment in the contract price, time of performance, or both, as appropriate. If the change materially changes the nature of the Services, the Consultant may terminate this Agreement as a result of such changed conditions. 19. Changes to the Services. The Client may direct changes within the general Scope of Work. Upon notification of such direction, the Consultant shall prepare an estimate of the additional costs and time required, if any, to perform the change. Upon mutual written agreement, Consultant shall perform the change and an equitable adjustment shall be made to the price and/or time schedule as appropriate. 20. Third Party Litigation. In the event that any litigation, proceeding, or claim (including any investigation which may be preliminary thereto) is commenced by a third party, involving the Services performed by Consultant, Consultant shall furnish, if compelled by law or upon the reasonable request of Client, such person or persons from Consultant's organization as are familiar with the matters embraced within the knowledge of Consultant's personnel to testify as witnesses and to provide Consultant's records and such other information and assistance in connection with such litigation, proceeding or claim (or investigation preliminary thereto). 21. Consultant's Personnel. At any time during the Term, Client may, in its sole and reasonable discretion, ask Consultant to replace particular employees, contractors, agents or other personnel performing Services on Consultant's behalf (collectively, "Personnel"). Upon receipt of such notification, Consultant shall immediately terminate such Personnel's performance of the Services and submit to Client, for Client's consent, which consent shall not be unreasonably withheld, the name and credentials of each individual whom Consultant suggests as a replacement for the individual so terminated. Upon receipt of notification from Client of the acceptability of such proposed replacement, Consultant shall cause such replacement immediately to commence the performance of the Services, or the applicable portion thereof. 22. Independent Contractor. Consultant is an independent contractor and shall not be deemed to be an employee or agent of the Client. Client shall not be deemed a joint employer of the other Party's employees. Consultant shall indemnify and hold Client harmless against all liability and loss resulting from i) claims made by the Consultant's employees that they are co -employed by Client, ii) Consultant's failure to pay wages to its employees, and iii) Consultants' failure to pay all taxes and fees imposed by the 218 PSA w/ FEMA Clauses Page 4 of 13 government underemployment insurance, social security and income tax laws with regard to Consultant's employees engaged in the performance of this Agreement. 23. Non -Solicitation of Employees. Neither Party shall solicit for employment or hire the employees of the other party with the knowledge that such employee was involved in the management or performance of the Services during the term of this Agreement and for one year thereafter. 24. Nonwaiver. No waiver of any breach of this Agreement shall operate as a waiver of any similar subsequent breach or any breach.of any other provision of this Agreement. 25. Severability. If any provision of this Agreement is held invalid by a. court of competent jurisdiction, such provision shall be severed from this Agreement and to the extent possible, this Agreement shall continue without affect to the remaining provisions. 26. Assignment/Subcontracts. Neither Party may assign this Agreement without the written consent of the other Party, which shall not unreasonably be withheld; provided, however, that Consultant may assign this Agreement in connection with a sale of all or substantially all of its assets without Client's consent, or to a parent, subsidiary, or affiliate. 27. Drafting party. Each Party has reviewed this Agreement and any question of interpretation shall not be resolved by any rule of interpretation providing for interpretation against the drafting party. This Agreement shall be construed as though drafted by both Parties. 28. Governing Law. The validity, enforceability and interpretation of this Agreement shall be determined and governed by the substantive laws of the State of Florida, without reference to its rules relating to choice.of law to the contrary. Any dispute arising out of this Agreement or the Consulting Services shall be brought in a state or federal court of competent jurisdiction located in Indian River County, State of Florida. 29. Captions. The captions and headings of this Agreement are intended for convenience and reference only, do not affect the construction or meaning of this Agreement and further do not inform a Party of the covenants, terms or conditions of this Agreement or give full notice thereof. 30. Additional Instruments. The Parties agree to provide the other with any and all documents required to carry out any and all obligations in connection with the Agreement as set forth herein. 31. No Agency. Except as specifically set forth otherwise, it is agreed and understood that neither Party hereto is, by this Agreement or anything herein contained, constituted or appointed agent or representative of the other for any purpose whatsoever, nor shall anything in this Agreement be deemed or construed as granting either Party any right or authority to assume or to create any obligation, warranty or responsibility, express or implied, for or in behalf of the other. 32. Order of Precedence. In the event of a conflict in the terms and conditions of this Agreement, the following order of precedence shall apply: 1. This Agreement 2. The Scope of Work (Appendix Aj 3. The Rate Schedule (Appendix B) 4. FEMA -Related Clauses (Appendix C) 5. Task Orders (Appendix D) (if applicable) 6. Consultant's submitted Proposal 7. Other Contract Documents. 33. Use of Logo. Client hereby authorizes Consultant to -use its name, logo and/or trademark without further notice to Client in connection with certain promotional materials that Consultant may disseminate to the public. The promotional materials may include, but are not limited to, brochures, video tape, internet website, press releases, and advertising in periodicals. Nothing herein obligates ConsultatitQ PSA w/ FEMA Clauses Page 5 of 13 use a Client's logo and/or trademark, in any promotional materials of Consultant. Consultant shall include a trademark attribution notice giving notice of the Client's ownership of its trademarks in the marketing materials in which Client's name and logo appear. 34. Termination. This Agreement may be terminated for convenience at anytime by either Party provided the requesting Party provides the other with 30 days written notice. If either Party fails to perform any of its duties or obligation or shall violate any of the prohibitions imposed upon it under this Agreement, or shall be dissolved or be adjudged bankrupt or shall have a petition in bankruptcy filed against it, or shall make a general assignment for the benefit of creditors, or if a receiver shall be appointed for a Party, the other Party may terminate this Agreement, without prejudice to any other rights or claims which it may have under this Agreement, on written notice to the other Party and fifteen (15) business days opportunity to cure such breach. In any event, Client shall pay all fees due and expenses incurred for Services rendered through the date of termination. Additionally, termination clauses applicable to Section 287.135 and 215.473, Florida Statute apply to the contract as follows. Consultant certifies that it and those related entities of Consultant 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, Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Client may terminate this Contract if Consultant 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. Client may terminate this Contract if Consultant, 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. 35. FEMA Clauses. If applicable to the Services provided by Consultant under this Agreement, Consultant shall comply with FEMA Clauses set forth in Appendix C. 36. Public Records Compliance. Client is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: (1) Keep and maintain public records required by the Client to perform the service. (2) Upon request from the Client's Custodian of Public Records, provide the Client with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the Client. (4) Upon completion of the contract, transfer, at no cost, to the Client all public records in possession of the Consultant or keep and maintain public records required by the Client to perform the service. If the Consultant transfers all public records to the Client upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all .applicable requirements for retaining public records. All records 220 PSA w/ FEMA Clauses Page 6 of 13 stored electronically must be provided to the Client, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the Client. B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. Entire Agreement. Both Parties acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and further agree that it is the entire Agreement between the Parties which supersedes all prior agreements, written or oral, relating to the subject matter hereof. No modification or waiver of any provision shall be binding unless in writing signed by the Party against whom such modification or waiver is sought to be enforced. IN WITNESS WHEREOF, the Parties hereto, by their duly authorized representatives, execute this Agreement to be effective as of the date set forth above. Indian River County, FL Witt O'Brien's, LLC By: Name: Bob Solari, Chairman Title: Date: By: Jason E. Brown, County Administrator (per Resolution 2019-058) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) PSA w/ FEMA Clauses 221 Page 7 of 13 APPENDIX A SCOPE OF WORK Consultant shall provide the following services to the extent they are eligible for DAC reimbursement: FEMA Public Assistance Advisory Services FEMA Public Assistance Grant Program FEMA Hazard Mitigation Assistance Disaster Assistance Program Funding including FHWA, NRCS, HUD CDBGDR, and Others Insurance Recovery Services Problem Resolution Closeout and Audit Support Appeals As further described in Consultant's June 11, 2019 Proposal in response to RFP 2019060 PSA w/ FEMA Clauses 222 Page 8 of 13 APPENDIX B COMPENSATION/RATES Rates provided include all cost associated with the performance of the work, such as overhead and profits. Reimbursement for travel expenses will be made at actual cost and without markup. No work or charges will be encumbered that are not eligible for reimbursement as FEMA Direct Administrative Costs. Position or Equivalent Hourly Rate (USD) Project Manager- Recovery 168 PA Specialist 155 Project Executive 260 Subject Matter Expert 155 Project Accountant 75 Senior Closeout Specialist 155 Closeout Specialist 140 Mitigation Specialist 130 NOTES ON COST PROPOSAL The hourly rates include all applicable overhead and profit. All non -labor related project costs will be billed at cost without mark-up. This includes travel expenses such as airfare, hotel, per diem, rental car and/or mileage, which will be billed in accordance with the current Federal Travel Regulation (FTR) schedule. All expenses shall be submitted with full supporting documentation in compliance with GSA guidelines for reimbursement PSA w/ FEMA Clauses 223 Page 9 of 13 APPENDIX C FEMA CLAUSES The Parties shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 2 of the Code of Federal Regulations, Part 200.("2 CFR 200"), including Appendix II to such Part ("Appendix II"). In addition, the Parties agrees as follows: 1. Client is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Consultant's .compliance with the terms of this Agreement, .except to the extent expressly provided otherwise by this Agreement. 2. Client may terminate this Agreement for cause or convenience in accordance with the procedures set forth in this Agreement. 3. Compliance with the Davis -Bacon Act and Copeland Anti -Kickback Act as applicable to the Services. a. Consultant shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement. b. Subcontracts. Consultant and any subcontractors to Consultant shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontractors. The prime contractor shall be responsible for compliance by any Consultant, Subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor, consultant and subcontractor as provided in 29 CFR §5.12. 4. Compliance with the Clean Air Act and the Federal Water Pollution Control Act. a. Clean Air Act (i) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the. Clean Air Act, 42 U.S.C. §7401 et seq. (ii) Consultant agrees to report each violation to Client (as defined in the Agreement) and understands and agrees that Client will, in turn, report each violation as required to assure notification to FEMA and the appropriate Environmental Protection Agency Regional Office. (iii) Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. b. Federal Water Pollution Control Act (i) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (ii) Consultant agrees to report each violation to Client and understands and agrees .that Client will, in turn, report each violation as required to assure notification to FEMA and appropriate Environmental Protection Agency Regional Office. (iii) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA." 5. Suspension and Debarment a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, Consultant is required to verify that none of Consultant, its principals (defined at 2:C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180��0� PSA w/ FEMA Clauses Page 10 of 13 or disqualified (defined at 2 C.F.R. §1.80:935). b. Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. c. This certification is a material representation of fact relied upon by Client. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Client, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 6. Compliance with Byrd Anti -Lobbying Amendment a. Consultant hereby certifies to the best of its knowledge that: i.No Federal appropriated funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii.lf any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Consultant shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Consultant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a memberof Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. c. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. By executing this Agreement, Consultant hereby certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Consultant understands and agrees that the provisions of 31 U.S.C. § 3801 etseq., apply to this certification and disclosure, 225 PSA w/ FEMA Clauses Page 11 of 13 if any. 7. Procurement of Recovered Materials a. In the performance of this contract, Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired i. Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or iiia At a reasonable price. b. Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpe-program. 8. Access to Records The following access to records requirements apply to this Agreement: a. Consultant agrees to provide, Client, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. b. Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. c. Consultant agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 9. Use of DHS Seal Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. 10. Compliance with Federal Law This is an acknowledgement that FEMA financial, assistance will be used to fund the Agreement only. Consultant will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 11. Non -Obligation of. Federal Government The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 12. Program Fraud and False or Fraudulent Statements or Related Acts Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 226 PSA w/ FEMA Clauses Page 12 of 13 APPENDIX D TASK ORDER TEMPLATE This Task Order No. Statement of Work for for the ("Task Order") effective as of between ("Client") and Witt O'Brien's, LLC ("Consultant"). WHEREAS, this Task Order is in support of the ("Agreement"), dated , and attached herein as an exhibit; WHEREAS, the Client selected the Consultant to provide Services, as defined in the proposal ("Proposal") dated , and attached herein as an exhibit; NOW, THEREFORE, in consideration of the terms and conditions contained in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Client and Consultant hereby agree as follows: 1. Parties mutually agree to add the following terms (if applicable): 2. Parties mutually agree to add the following specific scope: 3. Parties mutually agree to add the following performance period: 4. Parties mutually agree to add the following not to exceed amount: 5. Other Terms and Conditions: All other terms and conditions of the basic Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto, by their duly authorized representatives, execute this Task Order to be effective as of the date set forth above. Indian River County, FL Witt O'Brien's, LLC Name: Title: Date: Name: Title: Date: 227 PSA w/ FEMA Clauses Page 13 of 13 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 26, 2019 SUBJECT: 2019/2020 STATE/COUNTY CONTRACT INDIAN RIVER COUNTY HEALTH DEPARTMENT FROM: Kristin Daniels Director, Management & Budget DESCRIPTIONS AND CONDITIONS The Indian River County Health Department has submitted their annual contract for approval by the Board of County Commissioners. The contract, required under Chapter 154, Florida Statutes, contains the full annual operating budget, revenues and expenditure program plan for the Health Department for 2019/2020. This contract provides for county funding of the Health Department. The direct contribution for fiscal year 2019/2020 totals $717,155, which is an increase of $20,888 or 3.0% from the current fiscal year. In addition, the County provides maintenance and operations for Health Department facilities. This is reflected as an in-kind contribution of $691,566 for a total County contribution of $1,408,721. FUNDING Funding for the Florida Department of Health contract is provided by the General Fund. The direct contribution is funded from account number 00110669-088190, and the in-kind contribution is provided in the Facilities Management budget in the General Fund. R.: Mission: f sr Ron DeSantis To protect, promote & improve the health Governor of all people In Florida through integrated state, county &community efforts. Scott. A. Rivkees, MD HEALTHState Surgeon General Vision: To be the Healthiest State in the Nation FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY August 161h, 2019 Jason Brown, Administrator Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: 2019-2020 State/County Contract Dear Mr. Brown, Please find attached (3) originals of the 2019-20 State and County contract for the operations of the Indian River County Health Department for your review and formal approval by the Indian River County Board of Commissioners. The contract, required under F.S. 154, contains the full annual operating budget; revenues and expenditure program plan for our health department. The total amount of the contract including all revenue sources and in-kind sources is $8,399,225. The county appropriation of $717,155 along with estimated building operational expenses of $691,566 are specified fiscal responsibilities of the Indian River County Board of Commissioners. The basic expenditure plan forecasts anticipated number of clients, services, and dedicated staff to each area served by the health department. As; always, a quarterly reports will be forwarded to your attention for review and a written explanation will be provided if the variance exceeds or falls below 25% of the planned expenditure amount for the contract year. Please feel free to call me at 794-7450 if you have any questions. We will be available to the Commission when the contract is presented. Sincerely, Miranda C. Hawker County Health Department Administrator Attachments Florida Department of Health in Indian River County 1900 27th Street, Vero Beach, FL 32960 Accredited Health Department PHONE: 7721794-7400 e Public Health Accreditation B9h$ WEBSITE: httpllindianriver.floddahealth.gov FloridaHealth.gov CONTRACT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE INDIAN RIVER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2019-2020 This contract is made and entered into between the State of Florida, Department of Health ("State") and the Indian River County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2019. RECITALS A. Pursuant to Chapter 154, Florida Statutes, the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Indian River County Health Department ("CHD") is one of the created County Health Departments. D. It is necessary for the parties hereto to enter into this contract in order to ensure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the foregoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this contract shall be effective from October 1, 2019, through September 30, 2020, or until a written contract replacing this contract is entered into between the parties, whichever is later, unless this contract is otherwise terminated pursuant to the termination provisions set forth in paragraph 8. below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. 230 Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources is set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $3,066,815 (State General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $717,155 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this contract in the County Health 2 231 Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this contract during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Office of Budget and Revenue Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Office of Budget and Revenue Management. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund Indian River County Health Department Accounts Receivable, 1900 27th Street Vero Beach, FL 32960-3383 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy Secretary for County Health Systems. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall ensure that non -categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of County purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State -contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating. to its operation with the exception that the use of County purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all County purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be 232 maintained by the CHD in accordance with the terms of this contract. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with the Generally Accepted Accounting Principles (GAAP), as promulgated by the Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraphs 6.i. and 6.k., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: The revenue and expenditure requirements in the Florida Accounting Information Resource (FLAIR) System; fl. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CRDs and shall be used only for public health purposes in Indian River County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the State or County, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by State and County based on the ratio of planned expenditures in this contract and funding from all sources is credited to the program accounts by State and County. The equity share of any surplus/deficit funds accruing to the State and County is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be 233 4 reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for County Health Systems has approved the transfer. The Deputy Secretary for County Health Systems shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by County government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. L The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using County procedures pursuant to paragraph 6.b. 234 m. The CHID shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this contract. n. The CHID shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHID shall submit quarterly reports to the County that shall include at least the following: The DE3851-1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the County of service variances reflected in the year end DE3851-1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount for the contract year. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent -to the Department of Health, Office of Budget and Revenue Management. p. The dates for the submission of quarterly reports to the County shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: March 1, 2020 for the report period October 1, 2019 through December 31, 2019; ii. June 1, 2020 for the report period October 1, 2019 through March 31, 2020; iii. September 1, 2020 for the report period October 1, 2019 through June 30, 2020; and iv. December 1, 2020 for the report period October 1, 2019 through September 30, 2020. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the County shall own the facilities used by the CHD unless otherwise provided in Attachment IV. 235 b. The County shall ensure adequate fire and casualty insurance coverage for County - owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as County vehicles. The County shall ensure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This contract may be terminated by either party without cause upon no less than one -hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this contract become unavailable, either party may terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This contract may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this contract, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2020, it is agreed that the performance and payment under this contract are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this contract are as follows: For the State: For the County: Mayur Rao Kristin Daniels Name Name Administrative Services Director II Budget Director Title Title 236 1900 27th Street Vero Beach, FI., 32960-3383 Address 772-794-7464 Telephone 1801 27th Street Vero Beach, FI., 32960-3383 Address 772-567-8000 Ext. 1214 Telephone If different contract managers are designated after execution of this contract, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this contract. c. Captions. The captions and headings contained in this contract are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. In WITNESS THEREOF, the parties hereto have caused this eight page contract, with its attachments as referenced, including Attachment I (two pages), Attachment II (six pages), Attachment III (one page), Attachment IV (one page), and Attachment V (one page), to be executed by their undersigned officials as duly authorized effective the 1St day of October, 2019. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA FOR INDIAN RIVER COUNTY . DEPARTMENT OF HEALTH SIGNED BY: NAME: TITLE: DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: DATE: SIGNED BY: NAME: Scott A. Rivkees, MD TITLE: Surgeon General and Secretary DATE: SIGNED BY: NAME: Miranda C. Hawker, MPH TITLE: CHD Director/Administrator DATE: A, (�Zjn-jI0i 237 ATTACHMENT INDIAN RIVER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DNP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service 1. Sexually Transmitted Disease Program 2. Dental Health 3. Special Supplemental Nutrition Program for Women, Infants and Children (including the WIC Breastfeeding Peer Counseling Program) 4. Healthy Start/ Improved Pregnancy Outcome Requirement Requirements as specified in F.A.C. 64D-3, F.S. 381 and F.S. 384. Periodic financial and programmatic reports as specified by the program office. Service documentation and monthly financial reports as specified in DHM 150-24* and all federal, state and county requirements detailed in program manuals and published procedures. Requirements as specified in the 2007 Healthy Start Standards and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. 5. Family Planning Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215 (OMB Circular A-1 10) OMB Circular A-1 02, F.S. 381.0051, F.A.C. 64F-7, F.A.C. 64F-16, and F.A.C. 64F-19. Requirements and Guidance as specified in the Program Requirements for Title X Funded Family Planning Projects (Title X Requirements)(2014) and the Providing Quality Family Planning Services (QFP): Recommendations of CDC and the U.S. Office of Population Affairs published on the Office of Population Affairs website. Programmatic annual reports as specified by the program office as specified In the annual programmatic Scope of Work for Family Planning and Maternal Child Health Services, including the Family Planning Annual Report (FPAR), and other minimum guidelines as specified by the Policy Web Technical Assistance Guidelines. 6. Immunization Periodic reports as specified by the department pertaining to immunization levels in kindergarten and/or seventh grade pursuant to Instructions contained in the Immunization Guidelines -Florida Schools, Childcare Facilities and Family Daycare Homes (DH Form 150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports as specified by the department pertaining to the surveillance/investigation of reportable vaccine -preventable diseases, adverse events, vaccine accountability, and assessment of immunization ATTACHMENT I (Continued) 238 Attachment -1 - Page 1 of 2 8. levels as documented in Florida SHOTS and supported by CHD Guidebook policies and technical assistance guidance. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4* and DHP 50-21* HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. Requirements as specified in F.A.C. 64D-2 and 64D-3, F.S. 381 and F.S. 384. Socio -demographic and risk data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. School Health Services Requirements as specified in the Florida School Health Administrative Guidelines (May 2012). Requirements as specified in F.S. 381.0056, F.S. 381.0057, F.S. 402.3026 and F.A.C. 64F-6. 10. Tuberculosis 11 Tuberculosis Program Requirements as specified in F.A.C. 64D-3 and F.S. 392. General Communicable Disease Carry out surveillance for reportable communicable and other acute Control diseases, detect outbreaks, respond to individual cases of reportable diseases, investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 64D-3, F.S. 381, F.S. 384 and the CHD Epidemiology Guide to Surveillance and Investigations. 12. Refugee Health Program Programmatic and financial requirements as specified by the program office. *or the subsequent replacement if adopted during the contract period, 239 Attachment_I - Page 2 of 2 Y O Z, 2 C: �- UYMW '00 N mw CC N O m E o wmLL O H � � U «% = C -p U _m o co m m ECoc (0 r =$ w (0 L a `o co O N co N co M •— u7 O Cfl O N co co co co co 0 0 L' v LO Ln co 00 m rn } MO 0 0 r Cl T N LL N OO U v M UM ICOM (06 N O N c N m } O 7 4) Y O d Y U C U C U N C TO U) 1207 w GO U O CL -p O Z o v o o LL oo 12 N p_ N 0o a) N 2 O N N U N � O Y O N Y O O Y U 00 wo m0 .- CV C7 4 `o 1. GENERAL REVENUE - STATE CHD STATEWIDE ENVIRONMENTAL FEES 141,975 0 141,975 0 016040 AIDS PATIENT CARE 100,000 0 100,000 0 100,000 016040 CHD - TB COMMUNITY PROGRAM 24,735 0 24,736 0 24,735 015040 DENTAL SPECIAL INITIATIVE PROJECTS 0 0 0 0 0 016040 FAMILY PLANNING GE NERAL REVENUE 38,600 0 38,600 0 38,600 015040 PRIMARY CARE PROGRAM 183,226 0 183,226 0 183,226 015040 SCHOOL HEALTH SERVICES - GENERAL REVENTUE, 136,867 0 136,867 0 136,867 015060 CHD GENERAL REVENUE NON -CATEGORICAL 1,361,058 0 1,361,058 0 1,361,068 GENERAL REVENUE TOTAL 1,844,486 0 1,844,486 0 1,844,486 2. NON GENERAL REVENUE - STATE 626 001206 REGULATION OF BODY PIERCING SALONS 138 0 015010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM 8,108 0 8,108 0 8,108 NON GENERAL REVENUE TOTAL 8,108 0 8,108 - 0 . 8,108 3. FEDERAL FUNDS - STATE 0 95 0 95 001206 007000 WIC BREASTFEEDING PEER COUNSELING PROG 60,000 0 60,000 0 60,000 007000 COASTAL BEACH WATER QUALITY MONITORING 10,268 0 10,268 0 10,268 007000 COMPREHENSIVE COMMUNITY CARDIO - PHBG 124,302 0 124,302 0 124,302 007000 FAMILY PLANNING TITLE % - GRANT 53,921 0 53,921 0 63,921 007000 HURRICANE CRISIS COAG FOOD AND WATER 1,025 0 1,025 0 1,026 007000 IMMUNIZATION ACTION PLAN 34,951 0 34,951 0 34,951 007000 MCH SPEC PRJ SOCIAL DETERMINANTS HLTH COMM EDU 23,113 0 23,113 0 23,113 007000 BASE COMMUNITY PREPAREDNESS CAPABILITY 90,819 0 90,819 0 90,819 007000 - BASE EMERGENCY OPERATIONS COORDINATON (ESF8) 72,734 0 72,734 0 72,734 007000 WIC PROGRAM ADMINISTRATION 467,655 0 467,655 0 467,665 01.6075 SUPPLEMENTAL SCHOOL HEALTH 150,068 0 150,068 0 160,068 018005 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 39,388 0 39,388 0 39,388 018005 RYAN WHITE TITLE II GRANT/CHD CONSORTIUM 90,000 0 90,000 0 90,000 FEDERAL FUNDS TOTAL 1,208,244 0 1,208,244 0 1,208,244 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 141,975 0 141,975 0 141,975 001092 CHD STATEWIDE ENVIRONMENTAL FEES 316,679 0 316,679 0 316,679 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 24,996 0 24,996 0 24,996 001206 SANITATION CERTIFICATES (FOOD INSPECTION) 2,405 0 2,406 0 2,405 001206 SEPTIC TANK RESEARCH SURCHARGE 4,745 0 4,745 0 4,745 001206 SEPTIC TANK VARIANCE FEES 60% 201 0 201 0 201 001206 PUBLIC SWIMMING POOL PERMIT FEES-10%HQ TRANSFER 1,880 0 1,880 0 1,880 001206 DRINKING WATER PROGRAM OPERATIONS 526 0 526 0 626 001206 REGULATION OF BODY PIERCING SALONS 138 0 138 0 138 001206 TANNING FACILITIES 217 0 217 0 217 001206 ONSITE SEWAGE TRAINING CENTER. 95 0 95 0 95 001206 TATTO PROGRAM ENVIRONMENTAL HEALTH 868 0 868 0 868 001206 MOBILE HOME & RV PARK FEES 2,719 0 2,719 0 2,719 241 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 496,444 0 496,444 496,444 Altachmenl_II_Parl_II - Page 1 of 3 6. OTHER CASH CONTRIBUTIONS - STATE: 090001 DRAB' DOWN FROM PUBLIC HEALTH UNIT OTHER CASH CONTRIBUTION TOTAL 6. MEDICAID - STATE/COUNTY: 001148 CHD CLINIC FEES MEDICAID TOTAL 7. ALLOCABLE REVENUE -STATE: 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND STATE ADAP PHARMACY DRUG PROGRAM WIC PROGRAM BUREAU OF PUBLIC HEALTH LABORATORIES IMMUNIZATIONS OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT LOCAL CONTRIBUTIONS - BCC/TAX DISTRICT 008005 HUMAN AND CHILDRENS SERVICES PROGRAM 008005 CHD FEDERAL & LOCAL INDIRECT EARNINGS 008020 CHD LOCAL REVENUE & EXPENDITURES 008040 CIH) LOCAL REVENUE & EXPENDITURES DIRECT COUNTY CONTRIBUTIONS TOTAL 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001077 CHD CLINIC FEES 001094 CHD LOCAL ENVIRONMENTAL FEES 001110 \nTAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001029 CHD CLINIC FEES 001090 CHD CLINIC FEES 010300 INSPECTIONS OF SUMME, R FEEDING PROGRAM • DOE 010300 STATE UNDERGROUND PETROLEUM RESPONSE ACT 010400 CHD SALE OF SERVICES IN OR OUTSIDE OF STATE GOVT 011000 REVENUE CONTRACTIMOA WINO REPORTING REQUIREMENT 011001 CHD HEALTHY START COALITION CONTRACT 011001 HE, START NURSE FAM PARTNERSHIP EXPAND CHD 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0 85,648 0 85,548 0 85,648 85,548 0 85,548 0 85,548 0 33,100 33,100 0 33,100 0 33,100 33,100 0 33,100 3,685 0 3,585 0 3,585 20,000 0 20,000 0 20,000 23,685 0 23,585 0 23,586 0 0 0 229,196 229,196 0 0 0 6,176 6,176 0 0 0 1,734,366 1,734,366 0 0 0 14,825 14,826 0 0 0 463,672 463,672 0 0 0 2,447,134 2,447,134 0 71,987 71,987 0 71,987 0 8,420 8,420 0 8,420 0 357,376 367,376 0 357,376 0 717,155 717,165 0 717,155 0 1,154,938 1,154,938 0 1,164,938 0 20,752 20,752 0 20,762 0 235,288 235,288 0 236,288 0 201,240 201,240 0 201,240 0 457,280 457,280 0 457,280 0 3,200 3,200 0 3,200 0 5,400 5,400 0 5,400 0 4,863 4,863 0 4,863 0 980 980 0 980 0 600 600 0 500 0 112,540 112,640 0 112,540 0 2,410 2,410 0 2,410 0 80,000 80,000 0 80,000 0 -284,686 •284,686 242 •284,686 Atlachmenl II_PaA_II - Page 2 of 3 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 12. ALLOCABLE REVENUE • COUNTY 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES COUNTY ALLOCABLE REVENUE TOTAL 13. BUILDINGS • COUNTY ANNUAL RENTAL EQUIVALENT VALUE OTHER (Specify) UTILITIES BUILDING MAINTENANCE GROUNDS MAINTENANCE INSURANCE OTHER (Specify) OTHER (Specify) BUILDINGS TOTAL 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND COUNTY EQUIPMENT / VEHICLE PURCHASES VEHICLE INSURANCE VEHICLE MAINTENANCE OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTIONS TOTAL GRAND TOTAL CHD PROGRAM 0 -74,793 -74,793 0 "ll" H 0 3,585 3,586 0 3,685 0 20,000 20,000 0 20,000 0 23,585 23,585 0 23,585 0 0 0 455,938 456,938 0 0 0 0 0 0 0 0 153,560 153,560 0 0 0 82,068 82,068 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 691,566 691,566 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,666,415 1,594,110 6,260,525 3,138,700 8,399,225 243 Attachment-11—Part-11 - Page 3 of 3 A. COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) 1.58 1,244 1,713 44,877 62,343 62,343 44,876 54,951 139,488 194,439 SEXUALLY TRANS. DIS. (102) 1.77 532 683 38,955 45,436 46,436 38,956 135,808 32,975 168,783 HIV/AIDS PREVENTION (03A1) 1.43 0 6,436 22,394 26,120 26,120 22,395 97,002 27 97,029 HIV/AIDS SURVEILLANCE (03A2) 0.00 0 0 3 4 4 3 14 0 14 HIV/AIDS PATIENT CARE (03A3) 4.92 336 918 113,404 132,271 132,271 113,404 478,987 12,363 491,350 ADAP (03A4) 0.74 0 0 12,874 15,017 15,017 12,874 65,768 14 55,782 TUBERCULOSIS (104) 1.15 50 114 19,676 22,949 22,949 19,676 77,748 7,501 85,249 COMh1. DIS. SURV. (106) 2.99 0 234 54,970 64,116 64,116 64,971 238,173 0 238,173 HEPATITIS (109) 0.00 0 0 0 0 0 0 0 0 0 PREPAREDNESS AND RESPONSE (116) 1.30 0 0 27,834 32,464 32,464 27,834 120,696 0 120,696 REFUGEE HEALTH (118) 0.00 0 0 0 0 0 0 0 0 0 VITAL RECORDS (180) 1.22 7,721 23,974 17,436 20,335 20,335 17,436 0 75,640 75,540 COMMUNICABLE DISEASE SUBTOTAL 17.10 9,882 34,072 362,421 411,055 411,056 362,424 1,259,047 267,908 1,526,955 B. PRIMARY CARE: CHRONIC DISEASE PREVENTION PRO (210) 1.81 14 312 36,870 41,838 41,838 35,871 148,836 6,681 166,417 WIC (21Wl) 8.88 4,143 25,612 130,804 163,065 163,065 139,804 605,738 0 605,738 TOBACCO USE INTERVENTION (212) 0.00 0 0 0 0 0 0 0 0 0 WIC BREASTrEEDING PEER COUNSELING (21W2) 1.06 0 1,136 15,620 18,219 18,219 16,621 67,679 0 67,679 FAMILY PLANNING (223) 4.80 935 1,362 89,181 104,019 104,019 89,180 341,898 44,601 386,399 IMPROVED PREGNANCY OUTCOME (226) 0.00 0 0 0 0 0 0 0 0 0 HEALTI-lY START PRENATAL (227) 0.67 3 79 12,482 14,568 14,658 12,482 0 64,080 64,080 C0MPREHENSIVE CHILD HEALTH (229) 0.38 77 164 8,517 9,934 9,934 8,617 0 36,902 36,902 HEALTHY START CHILD (231) 0.60 0 0 11,377 13,270 13,270 11,376 0 49,293 49,293 SCHOOL HEALTH (234) 3.47 0 38,619 79,809 93,087 93,087 79,808 344,791 1,000 345,791 COMPREHENSIVE ADULT HEALTH (237) 9.89 764 1,823 196,294 228,952 228,952 196,294 192,926 657,667 860,492 COMMUNITY HEALTH DEVELOPMENT (238) 0.64 0 1,006 12,061 14,068 14,068 12,060 52,267 0 62,267 DENTAL HEALTH (240) 0.00 0 0 0 0 0 0 0 0 0 PRIMARY CARE SUBTOTAL 32.20 5,936 70,113 601,016 701,010 701,010 601,013 1,754,124 849,924 2,604,048 C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programs COSTAL BEACH MONITORING (347) 0.09 58 65 3,442 4,015 4,016 3,442 14,865 49 14,914 LIMITED USE PUBLIC WATER SYSTEMS (357) 0.37 26 $98 7,365 8,691 8,591 7,366 15,604 16,308 31,912 PUBLIC WATER SYSTEM (358) 0.10. 3 214 1,813 2,116 2,116 1,813 27 7,829 7,856 PRIVATE. WATER SYSTEM (359) 1.31 8 1,247 25,230 29,428 29,428 26,230 479 108,837 109,316 ONSITE SEWAGE TREATMENT & DISPOSAL (361) 5.62 1,594 6,903 96,638 112,716 112,716 96,639 322,614 96,195 418,709 Group Total .7.49 1,689 7,827 134,488 156,865 166,865 134,489 353,489 229,218 582,707 Facility Programa TATTOO FACILITY SERVICES (344) 0.12 95 51 1,969 2,286 2,286 1,959 8,322 168 8,490 FOOD HYGIENE (348) 0.84 125 633 16,325 17,876 17,876 16,324 41,370 24529 66,399 Allachment II_Parl_III -Page 1 of 2 BODY PIERCING FACILITIES SERVICES (349) GROUP CARE FACILITY (361) MIGRANT LABOR CAMP (352) HOUSING & PUB. BLDG. (353) MOBILE HOME AND PARK (364) POOLSBATHING PLACES (360) BIOMEDICAL WASTE SERVICES (364) TANNING ]FACILITY SERVICES (369) Group Total i Groundwater Contamination STORAGE TANI{ COMPLIANCE SERVICES (355) SUPER ACT SERVICES (356) Group Total - Community Hygiene COMMUNITY ENVIR. HEALTH (345) INJURY PREVENTION (346) LEAD MONITORING SERVICES (350) PUBLIC SEWAGE (362) SOLID WASTE DISPOSAL SERVICE (363) SANITARY NUISANCE (365) RABIES SURVEILLANCE (366) ARBORVIRUS SURVEIL. (367) RODENT/ARTHROPOD CONTROL (368) RATER POLLUTION (370) INDOOR AIR (371) RADIOLOGICAL HEALTH (372) TORIC SUBSTANCES (373) Group Total ENVIRONMENTAL HEALTH SUBTOTAL D. NON -OPERATIONAL COSTS: NONOPERATIONAL COSTS (599) ENVIRONMENTAL HEALTH SURCHARGE (399) MEDICAID BUYBACK (611) NON -OPERATIONAL COSTS SUBTOTAL TOTAL CONTRACT 0.02 6 8 360 420 420 361 1,550 11 1,561 0.34 66 109 6,304 7,352 7,352 6,304 19,436 7,876 27,312 0.07 4 29 1,332 1,663 1,653 1,332 6,223 647 6,770 0.15 0 25 3,079 3,591 3,691 3,080 133 13,208 13,341 0.19 67 124 3,389 3,953 3,953 3,388 11,759 2,924 14,683 1.06 380 1,257 18,665 21,771 21,771 18,666 72,800 8,073 80,873 0.78 628 742 13,063 16,236 15,236 13,064 66,021 578 66,599 0.01 4 7 299 349 349 300 1,292 5 1,297 3.58 1,264 2,885 63,776 74,386 74,386 63,778 217,906 58,419 276,325 0.00 0 0 0 0 0 0 0 0 0 0.06 8 21 1,068 1,245 1,245 1,068 16 4,610 4,626 0.06 8 21 1,068 1,245 1,245 1,068 16 4,610 4,626 0.33 0 774 6,060 7,069 7,069 6,060 8,928 17,330 26,268 0.00 0 0 0 0 0 0 0 0 0 0.01 0 0 117 136 136 117 602 4 606 0.52 1 380 9,106 10,621 10,621 9,106 146 39,309 39,454 0.02 0 14 397 463 463 396 7 1,712 1,719 0.15 28 8 3,317 3,869 3,869 3,318 5,030 9,343 14,373 0.29 43 117 6,126 7,146 7,145 6,126 9,288 17,254 20,542 0.05 0 5 811 946 946 810 1,229 2,284 3,613 0.00 0 0 111 130 130 111 1 481 482 0.14 0 70 2,811 3,278 3,278 2,811 12,105 73 12,178 0.15 0 36 3,099 3,614 3,614 3,099 43 13,383 13,426 0.01 0 0 161 177 177 151 2 654 656 0.18 14 47 3,673 4,167 4,167 3,673 6,263 10,217 16,480 1.85 86 1,451 35,679 41,616 41,615 36,678 42,543 112,044 164,687 12.98 3,047 12,184 235,010 274,111 274,111 235,013 613,954 404,291 1,018,246 1.00 0 0 16,615 19,379 19,379 16,614 0 71,987 71,987 0.00 0 0 8,953 10,442 10,442 8,953 38,790 0 38,790 0.00 0 0 115 135 135 115 600 0 600 1.00 0 0 25,683 29,956 29,956 25,682 39,290 71,987 111,277 63.28 18,865 116,369 1,214,129 1,416,132 1,416,132 1,214,132 3,666,416 1,594,110 6,260,525 245 Atlachment II Par1_III - Page 2 of 2 ATTACHMENT III INDIAN RIVER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance, The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating 'against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. in the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. 246 Attachment—III - Page 1 of 1 w \ � . 2 _ a = o co § § @ E LU ( U) 0) L ® m `E L r �f 2 2 ), . Ego c� % )ƒ E E a / \ { C § \ / . Z,/ � ƒ /)) .) « . (m 4) E 2 ƒ �k § m4' 3 k k )CL _ ¢ z \ �\ I §Z 2 K r k "F § 7 J 2 \ c )2 LL «° $ / ca . k � kco 2 . § /§ /f �£ �. ■ a7 0 \ /) . \ � CONTRACT YEAR 2018-2019* 2019-2020** 2020-2021*** 2021-2022*** PROJECT TOTAL PROJECT NUMBER: PROJECT NAME: LOCATION/ADDRESS: PROJECT TYPE: SQUARE FOOTAGE: PROJECT SUMMARY: ATTACHMENT V INDIAN RIVER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN NOT APPLICABLE CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS STATE COUNTY 0 $ 0 $ 0 $ 0 $ 0 $ SPECIAL PROJECTS CONSTRUCTION/RENOVATION PLAN NEW BUILDING RENOVATION NEW ADDITION Describe scope of work in reasonable detail. START DATE (lnitlal expenditure of funds) COMPLETION DATE: DESIGN FEES: $ CONSTRUCTION COSTS: $ FURNITURE/EQUIPMENT: $ TOTAL PROJECT COST: $ COST PER SQ FOOT: $ 0 0 ROOFING PLANNING STUDY OTHER TOTAL $ 0 $ 0 $ 0 T _ Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. * Cash balance as of 9/30/19 ** Cash to be transferred to FCO account. *** Cash anticipated for future contract years. . 248 Attachment_V - Page 1 of 1 INDIAN RIVER COUNTY, FLORIDA 8W MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andy P. Sobczak, Infrastructure Project Manager SUBJECT: Sebastian Corners Roof Replacement Project, IRC -1765 Final Payment, Release of Retainage and Change Order No. 1 DATE: July 22, 2019 DESCRIPTION AND CONDITIONS On August 14, 2018, the Board of County Commissioners awarded Bid No. 2018062 to The Roof Authority, Inc. in the amount of $382,000.00 for the replacement of the aging roof system at the Sebastian Corners. Change Order No.1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $32,702.71 for a final cost of $349,297.29 and makes final contract time adjustments. The Roof Authority, Inc. has successfully completed the project and has been paid $316,806.58 with $16,674.03 held in retainage to date. The Roof Authority, Inc. has submitted Contractor's Application for Payment No. 5 for final payment in the amount of $15,816.68 and release of retainage in the amount of $16,674.03 for a total of $32,490.71. FUNDING Funding in the amount of $32,490.71 is budgeted and available from the following accounts: Optional Sales Tax Account No. 31522019-066510-17018 Facilities Mgmt/North Co Offices @ $15,816.68 Sebastian Corners Optional Sales Tax/Retainage-The Roof Account No. 315-206001-17018 Authority/North Co Offices @ Sebastian $16,674.03 Corners 249 RECOMMENDATION Staff recommends approval of Change Order No.1 and payment of Application for Payment No. 5 to The Roof Authority, Inc. in the amount of $32,490.71 for final payment and release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 5 2. Change Order No. 1 APPROVED AGENDA ITEM FOR SEPTEMBER 10, 2019 250 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: September 10, 2019 EFFECTIVE DATE: September 10, 2019 OWNER: Indian River County CONTRACTOR The Roofing Authoritv Project: SEBASTIAN CORNERS ROOF REPLACEMENT OWNER's Project No. IRC -1765 OWNER'S Bid No. 2018062 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line Items in order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $382,000.00 Net decrease of this Change Order: $32.702.71 Contract Price with all approved Change Orders: $349,297.29 Net increase (decrease) this ACCEPTED: By: The Roof Authority, Inc. CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 45 Final Completion: 60 Net increase (decrease) this Change Order: (days or dates) Substantial Completion: 148 Final Completion: 148 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 193 Final Completion: 1 208 RECOMMENDED: By: Andy P. Sobczak Infrastructure Project Manage ENGINEER (Signature) Date: APPROVED: By: Richard B. Szpyrka Public Works Director OWNER (Signature) Date: 251 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: SEBASTIAN CORNERS ROOF REPLACEMENT PROJECT NO. IRC -1765 BID NO. 2018062 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease WCD 1 WORK ASSOCIATED WITH MINI AIR CONDITIONING SYSTEM LS 1 1,325.00 1,325.00 WCD 2 PERMIT FEE AND WHITE ANCHOR SCREWS LS 1 3,805.61 3,805.61 WCD 3 CURTAIN PANELS, DOWNSPOUT, STUCCO WORK LS 1 12,166.68 12,166.68 FA FORCE ACCOUNT LS 1 50,000.00 50,000.00 SUBTOTALS 17,297.29 50,000.00 SEBASTIAN CORNERS ROOF REPLACEMENT TOTAL $ (32,702.71 252 INDIAN RIVER COUNTY, FLORIDA El MEMORANDUM RX 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: William Johnson, P.E., Roadway Production Engineer SUBJECT: Award of Bid No. 2019010 49th Street (Lindsey Road) Milling and Resurfacing from 58th Avenue (CR -613) to 311t Avenue Project, IRC -1414 DATE: August 09, 2019 DESCRIPTION AND CONDITIONS On April 23rd, 2019 the Board of County Commissioners approved a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the maximum amount of $832,547.00 for Construction and CEI services for the resurfacing of 491h Street from 58th Avenue to 311t Avenue. The project also consists of adding 5 -ft. paved shoulders to accommodate bicycle lanes, milling and resurfacing the roadway, providing crosswalks, upgrading and replacing signs as well as pavement markings. A bid opening for the 49th Street Milling and Resurfacing was held on July 311t, 2019. Three (3) 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 Guettler Brothers Construction, LLC $1,051,852.60 Fort Pierce, FL Timothy Rose Contracting, Inc. Vero Beach, FL $1,104,137.58 Ranger Construction Industries, Inc. Winter Garden, FL $1,114,062.22 Guettler Brothers Construction, LLC is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $1,051,852.60, $244,280.31 above the Engineer's Cost Estimate. Guettler Brothers Construction, LLC has completed various projects within the County in a satisfactory manner. 253 FUNDING Per the SCOP grant agreement, the County must fund the project and then request reimbursement of the grant share from FDOT to a maximum amount of $832,547.00 or 75% of the total cost for the project. Funding for the project in the amount of $1,051,852.60 is budgeted in the approved 18/19 CIE for FY 19/20 and FY 20/21 Account No. 10921441-053360-17027/Secondary Roads/49th Street Resurfacing, 58th Avenue to 31St Avenue. RECOMMENDATION Staff recommends the project be awarded to Guettler Brothers Construction, LLC in the amount of $1,051,852.60 for the construction of 49th Street Milling &Resurfacing. 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 SEPTEMBER 10, 2019 254 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1 - WORK.................................................................................................................................2 ARTICLE 2 - THE PROJECT .............................................:. ARTICLE 3 — ENGINEER................................................................. ARTICLE 4 - CONTRACT TIMES................................. ARTICLE 5 - CONTRACT PRICE .......................11................................ ARTICLE 6 - PAYMENT ARTICLE 7 - INDEMNIFICATION....... ARTICLE 8 - CONNTRRACTOR S REPRI ARTICLE 9 - CONTRACTDOCUMEN' ARTICLE'10 - MISCELLANEOUS...... ............................ 2 ........... 2 ....................... 3 .................. ....................................3 �.............................................................................. 4 E`TATIONS...................................................................... 5 .........1............................................................................... 6 ............................................................................................. 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI 255 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specifiE Documents. The Work is generally described as follows: This project will be performed to resurface 491 Sir The proposed improvements include milling of superpave asphaltic concrete, curb and gutteri installation of thermoplastic pavement markings. County Outreach Program (SCOP) funded project, F ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work L part is generally desrnnbed as foil Project Name:-4�th l 3'I sT"AVE Prot t Number: IRC -14: Bid `Numbeir. -2019010\ 3.01 Tlle-lndian-Rig and will act as the rights and with the comd, indicated in the Contract 58th Avenue to 31St Avenue. pavement,\\,installation of it upgrades, sodding and bject isjan F.D.O.T. Small ;850,-1,-54-01. ments may be the whole or only a 58TH AVENUE TO 31sT , FLORIDA 32967 my Public Works Department is hereinafter called the ENGINEER R's representative, assume all duties and responsibilities, and have y assigned to ENGINEER in the Contract Documents in connection 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 180TH calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with 256 paragraph 14.07 of the General Conditions on or before the 210TH 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, OWN ER/and'CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,584.00 for each calendar day that expires after the time specified'ih paragraph 4.02 for Substantial Completion until the Work is substantially complete After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by)OWNER, CONTRACTOR shall pay OWNER $1,584.0-0 for each calendar day -,that expires after the time specified in paragraph 4.02 for completion"and readiness for final payment until the Work is completed and ready for final/ayment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTR Contract Documents, an a determined aursuant-to_oara A. For all Work, at the B. THE CONTRACT SUM s0bi6ct to N n Am M 6.01 Submittal and Processing of Payments fletion of the Work in accordance with the funNds\equal to the sum of the amounts summarized �in paragraph 5.01.13, below: TOR's Bid, attached hereto as an exhibit. deductions provided in the Contract: A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General. Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) 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 257 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 subm,i,t ed on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress�pay`ments will be on the basis of progress of the work measured by the schedule'Rof'valuesestablished, or in the case of unit price work based on the number ofunits completed. After fifty percent . (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may\�ubmit a pay req est 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 shallromptly make,payment to the CONTRACTOR unless such amounts are the/sub-feet-,of �a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05; or�oth.errwise the subject of a claim or demand by�the Co�unty�as OWNER or�the�CONTRACTOR. The CONTRACTOR acknowledges thatwhere/such retainage is attributable to the labor, services, or materiafs�s�uppliehy 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), CONTRACTORfurtheracknowledges and�a'grees that: 1) the County as OWNER shall"recei'veimmediate written notice of all decisions made by CONTRACTOR.t�withhold.retainage on%any subcontractor at greater than five pecent (5%) after fifty,,percent (50%0) completion; and 2) CONTRACTOR will not seek r`eiease from the County as OWNER of the withheld retainage until the final pay request` 6.04 /Paragraphs 6.02 �and 6NMo 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 federdl g1rantor laws andNregu'lations or requirements that are contrary to any provision of the Local Gove'rnme`nt Pfompt Payment Act. In such event, payment and retainage provisions shall be governed -by -the applicable grant requirements and guidelines. 1 V 6.05 Acceptance of Final Payment as Release. A. The acce` ptahce 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. 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. 258 7.02 "To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify and hold harmless the Recipient and the State of Florida, Department of Transportation, including the Department's 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 or consultant and persons employed or utilized by the contractor or consultant in the performance of this Agreement." 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 ContractzDocuments and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and beco�familiar with and`is satin edeas to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. /11' ____1 \ '�;\ C. CONTRACTOR is familiar with and is,satisfied as to all fe feral, state, and local Laws and Regulations that may affect cost; progress and performance ofthe Work. D. CONTRACTOR has carefully studied all: (1)' reports of explorations and tests of subsurface conditions at or contiguous to*the Site and all drawings of physical conditions in or relating to existing surface or subsurface\structures\at or contiguous to the Site (except Underground Facilities)which have,�been\identiified�in%the Supplementary Conditions as provided in paragraph 4of-the General Conditions and (2) reports and drawings of a Hazardous Environmenta�Condition, if any, at the Site which have been identified in the Supplementary Conditions,as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all addition I,o� supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguousto the Site which_ may affect cost, progress, or performance of the Work or which relate to any, aspect of the means, methods, techniques, sequences, and procedures of -construction to be employed by CONTRACTOR, including applying the specific -means; methlods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTORdoes not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 259 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: This Agreement (pages 00520-1 to 00520-9, inclus 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclu 4. Sample Certificate of Liability In 5. Contractor's Application for 6. Certificate of Substantial C Contractor's Final Certifi 00632-1 to 00632-2, inclusive); Elevations and Locations of the to 00800-11, inclusive); 1 (General Requirements) and Division 2 (Technical of a cover sheet and sheets numbered 1 through 14, inclusive, )ring the following general title: 49TH STREET MILLING AND RESURFACING; 13. Addenda -(if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Division Special Conditions for Right-of-way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 16. Bid Bond (page 00430-1 inclusive), 17.Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), 260 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 or 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 U A. No assignment by binding on another bound; and specific that are due may nc of this restrict on�m; legal represent, representatives Contract DOGun the Effective Date of the indicated in the General Conditions. '�any rights"under or interests in the Contract will be t=out\the written consent of the party sought to be imitation, moneys that may become due and moneys hout \ h consent (except to the extent that the effect law), and unless specifically stated to the contrary in hent, no assignment will release or discharge the 11 itv 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 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of.the stricken provision. 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 261 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 Recofd's, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt -or confidential and exempt from public records disclosure requirements are not disclosed except as authorized bylaw for the duration of the contract term and following completion of the contract`if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and m intain public records required by the County to perform the service. If the Contractor transfersAll/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 ifrom\public�records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet(ll \,aa' is ble requirements for retaining public records. All records stored electronically must betprovided to the County, upon request from the Custodian of Public Records, in a format�that isWcomp.a�l'e with the information technology systems of the County. � � B. IF THE` CONTRACTOR, HAS QUESTIONS REGARDING THE APP'LICATIONCF CHA-PTER)119, FLORIDA STATUTES, TO THE CONTRACTOR'S,D'UTY`TPROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RElCO ASDR T (772) 226-14.24_ Indian �River' County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 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). 262 OWNER: INDIAN RIVER COUNTY Bv: Bob Solari, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Attest: (SEAL Desigi Name Title: 1801 Vero E (772) Facsir CONTRACTOR: M Attest (Contractor) (CORPORATE SEAL) for givirig notices: N nse No. '-(Where applicable) for service of process: Representative: ,Name: _ Title: _ Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 263 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Sally Beauty Supply LLC - Amendment to Lease 1927 US Highway 1, Sebastian, FL 32958 DATE: August 12, 2019 DESCRIPTION AND CONDITIONS The County purchased Sebastian Corners Retail Center, LLC located at 1919-1931 US Highway 1, Sebastian, Florida on September 5, 2017. The purchase was forthe relocation of the North County Offices of the Tax Collector, Property Appraiser, Clerk of the Court, Utilities Department and Veteran Services. Sally Beauty Supply LLC is a tenant at the retail center, and they rent a 1600 square foot unit. The current lease term is 9/12/14 — 9/30/19 with base monthly rent of $2,000.00 ($15.00 per square foot or $24,000.00 annually). Staff has been negotiating with Cushman & Wakefield who handles Sally Beauty lease renewals for the last two months. We have agreed to renew the lease for a (2) two year term. The renewal term will be 10/1/2019 - 9/30/21. The base monthly rent will be $1,666.67 ($12.50 per square foot or $20,000.00 annually). A reduction in annual revenue of $4,000.00. Mattress Firm is also a tenant at the retail center, and they rent a 4800 square foot unit. Their current lease term runs through 4/30/2022, and their base monthly rent is $4,712.00 ($11.78 per square foot or $56,544.00 annually). The Board of County Commissioners approved their renewal on November 6, 2018. FUNDING No funding is necessary for this action. RECOMMENDATION Staff recommends the Board approve the lease renewal rate as proposed for Sally Beauty Supply LLC and authorize the Chairman to execute the Amendment to Lease. ATTACHMENTS Amendment to Lease APPROVED AGENDA ITEM FOR: September 10, 2019 264 AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE (this "Amendment") is made to be effective , 2019 (the "Effective Date"), by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, ("Landlord'), having a notice address 1801 27th Street, Vero Beach, FL 32960 Attn: Public Works Director;_and BEAUTY SYSTEMS GROUP LLC, a Virginia limited liability company ("Tenant"), having a notice address at 3001 Colorado Blvd., Denton, Texas 76210, Attn: Real Estate, Store No. 10398. WITNESSETH: WHEREAS, Landlord's predecessor and Tenant entered into that certain Lease, dated April 1, 2014 with all subsequent amendments and extensions thereto, collectively hereinafter referred to as the "Lease"; and WHEREAS, Landlord purchased Sebastian Corners ("Shopping Center") and was assigned the Lease whereby Landlord and Tenant are the current parties to the Lease for that certain retail premises consisting of 1,600 leasable square feet more particularly described in the Lease ("Premises") such Premises being part of Shopping Center located on real property more particularly described in the Lease, in the City of Sebastian and State of Florida; and WHEREAS, the term of the Lease shall expire on September 30, 2019; and WHEREAS, Landlord and Tenant now desire to extend the term of the Lease and document other mutually agreed upon modifications, all as more fully set forth below; NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: LEASE MODIFICATIONS A. Lease Term. The term of the Lease is hereby extended for a period of Two (2) years such that the term shall now expire on September 30, 2021 (the period from October 1, 2019, through September 30, 2021, herein the "Extension Period"). Notwithstanding anything to the contrary contained in the Lease, the Minimum Annual Rent during the Extension Period shall be $1,666.67 per month. B. No Option. The parties hereto acknowledge and agree that Tenant shall have no further right or option to renew or otherwise extend the Lease upon the expiration of the Extension Period. At the end.of the Extension Period, the Lease shall terminate and Tenant shall return possession of the Premises to Landlord in accordance with the terms of the Lease. C. Insurance. Notwithstanding any other provisions contained in the Lease, the Landlord hereby approves of the form and content of the insurance certificates attached to this Amendment as Exhibit A (the "Approved Insurance Certificates") and further agrees that, provided the Tenant maintains at least the insurance coverages set out in the Approved Insurance Certificates, excluding the Umbrella Liability, the Tenant will be deemed to be in compliance with its insurance obligations under the terms of the Lease. -1- 265 MISCELLANEOUS Notwithstanding anything to the contrary contained in the Lease, Landlord hereby waives any lien, statutory or otherwise, that Landlord may have on Tenant's fixtures and personal property. 2. All capitalized terms not defined herein shall have the same meaning as set forth in the Lease. 3. All the other terms and conditions of the Lease not specifically modified by this Amendment shall remain in full force and effect. 4. Landlord warrants and represents that it is the owner of the Shopping Center and the Premises and has the right, power and authority to execute this Amendment. 5. This Amendment shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. The captions, section numbers and paragraph numbers appearing in this Amendment are inserted only as a matter of convenience and in no way define, amplify, limit, construe, or describe the scope or intent of any section of this Amendment. 7. This Amendment and the Lease contain the entire agreement between Landlord and Tenant, and supersede any prior agreements with respect thereto. Except for the warranties, representations, contingencies, conditions and/or agreements set forth in this Amendment and the Lease, no warranties, representations, contingencies, conditions, and/or agreements have been made by Landlord or Tenant, one to the other or between them. B. This Amendment may be executed in multiple counterparts each of which when taken together shall constitute a binding agreement. This Amendment may be executed and delivered by electronic copy or via facsimile, which such electronic copy or facsimile signatures and delivery shall be valid and binding the same as if original documents were delivered. LANDLORD AND TENANT DO HEREBY RATIFY AND AFFIRM THE SAID TERMS AND COVENANTS OF SAID LEASE AS AMENDED HEREIN. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THE LEASE AND THE TERMS OF THIS AMENDMENT, THE TERMS, PROVISIONS AND CONDITIONS OF THIS AMENDMENT SHALL PREVAIL AND CONTROL. [REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURES ON THE NEXT PAGE] -2- 266 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective on the Effective Date first set forth above. LANDLORD: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Approved as to form and legal sufficiency BY: Bob Solari, Chairman BCC Approved: William K. DeBraal Deputy County Attorney Attest: Jeffrey R. Smith, Clerk of Court and Approved: Comptroller By By: Deputy Clerk TENANT: SALLY BEAUTY SUPPLY LLC, a Virginia limited Iia li company By: Name: John Goss Title: Group Vice President of Store Operations -3- Jason E. Brown County Administrator 267 acoRn CERTIFICATE OF LIABILITY INSURANCEOATEII� 1111f2o19 WWM 12/28!2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHIS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AOLIM BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS} AUTHORREO REPRE8EIITATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. WORTANT: H the e*M@ab bokW b an ADDITIONAL tMSURED, the P*Btr(W)nm4haw ADO"IONAL INSURED proviaiorp ar bo endorsed. N 3U8ROGATION IS WAIVED, subject to Nle ftnrs and 00101401-d the Polley. eerbht polkba may retch* an WKIMO Wt A st do~ on d" tw k ste does net confer dlplWb to dw certdkade holder in IMV of stWwh endoraen*Mtj. PRODUCER LOMON COMPANIES TYPEOF INSURANCE 2100 ROSS AVENUE, SUITE 1400 W1POLICY DALLAS TX 75201 mot Lp�S 11/162019 1000000 214-9694700 X comIERQAI.Oo=" laBO.iTY N INSURERA: SKAVN316MIC&%0ItyC0tponUion oiSUREfi �y Beauty 1 �I19S. Inc,IISSAy Bewly Supply. 1454045 I.I.C. � deeS Rm f Pueflo 3001 Colorado Blvd IN$IIRF/R 9: Commerce and Industry Insumce Company 19410 C: ® txx� cental TX 76210 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WSURED NAMED ABM— ILA OVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WFNCH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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AB rights reserved •.w .wvr�✓ ,gi110 WN jww awn imunwree msrRs or At'ww 268 r W Attachment Code: D555203 Certificate ID : 15665904 POLICY NUMBER: GL 4045090 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE. to Of Penson Or Organization: son(s) or Organization(s) as required by written contract when h written contract is executed prior to an occurrence, offense or s to which this endorsement applies. individually scheduled Waivers shall not be construed to override negate this blanket Waiver. in The oAowting is added to Paragraph S. Tra er 51 Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make fbr injury or damage arising out of your ongoing operations or *your work" done under a contract with that person or organization and included in the 'products-cmVIsted operations hazard". This waiver applies only to the person or organization shorn in the Schedule above. CG 24 04 05 09 ® Insurance Services Office, Inc., 2008 Page 1 of 1 269 Attachment Code : D555207 Certificate 1D : 15665904 POLICY NYMBER: 0L 4045090 COMMERCIAL GENERAL LIABILITY CG 20 110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES . This endorsement modifies insurance provided under the fdknM9: COMMERCIAL GENERAL LIABILITY COVERAGE PART All locations owned by, leased to or occupied by the insured. As required by written contract or agreement when such written contract or agreement is executed prior to an occurrence, offense or loss to which this endorsement applies, but only for the limits agreed to in such contract or the Limits of Liability provided by this policy, whichever is less. Any individually scheduled additional insureds shall not be construed to override nor negate this blanket additional insured. required to W shown above, will be shown in A. Section 11— Who It An insured is amended to Include as an additional insured the person(s) or orgartizaticm(s) shown in the Schedule, but only with respect to liability arising out of the ownemh1p, maintenance or use of that part of the premises leased to you and shown in : the Schedule and subject to the following additional exclusions: This Wince does not apply to: 1. Any'occurrence• which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demotion operations performed by or on behalf of the persona) or organizations) shown to the Schedule. However: 1. The Insurance afforded to such additional insured only applies to the extent permitted bylaw; and CG 20 1104 13 2, If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for Such additional insured. B. With respect to the insurance afforded to these additional Insureds, the fbpowing is added to Section Ell — Limits Of htsuranee: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by. the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. +C► Insurance Services Office, Inc., 2012 Page 1 of 1 270 IT F6MGES THE POLICY. PLEASE READ IT ADDITIONAL INSURED BY CONTRACT OR AGREEMENT PRIMARY BASIS This endorsement modifies insurance provided under the following Coverage Form: COMMERCIAL GENERAL LIABILITY PRODUCTSICOMPLETED OPERATIONS LIABILITY LIQUOR LIABILITY POLLUTION LIABILITY This endorsement changes the policy effective on the inception date of the policy unless another endorsement effective date is indicated below. SCHEDULE Name of Additional Insured Persons) or Organization(s): As required by written contract or agreement when such written contract or agreement is executed prior to an occurrence, offense or loss to which this endorsement applies, but only for the limits agreed to in such contract .or the Limits of Liability provided by this policy, whichever is less. Any individually scheduled additional insureds shall not be construed to override nor negate this blanket additional insured. Designated PrcieM Location, or Work of Covered Operations: As per written contract or agreement with the above described p rson(si or organization($) CHANGES SECTION 11- WHO IS AN INSURED is mended to include: 4. The person(s) or organization(s) shown in the Schedule above with whom you have agreed in a written contract to provide insurance such as is afforded under this Coverage Form, is included as an Additional Insured subject to the below: a. Insurance for such Additional Insured(s) scheduled above shall be afforded only to the extent that such Additional Insured is liable for "bodily injury', 'Property damage" or `personal and advertising injury" caused by your acts or omissions while actively engaged in the performance of your ongoing operations involving the project(s), iocations(s), or work designated in the Schedule and as specified in the. contract between you and the above scheduled Additional Insured(s). b. The insurance afforded under this Coverage Form to such Additional Insured(s) applies only: (1) If the "occurrence" or offense takes place subsequent to the execution and effective date of such written contract. and, (2) While such written contract is in force, or until the end of the policy period, which ever occurs first. c. How Limits Apply to Additional Insured(s) The most we will pay on behalf of the Additional Insured(s) scheduled above is the lesser of. (1) The limits of insurance specified in the written contract or written agreement; or, (2) The Limits of insurance provided by the Coverage Form. SNGL 0231209 Safety National Casualty Corporation Page 1 of 2 271 Anachment The amount we will pay on behalf of such Additional insured(s) shalt be a part of, and not in addition to, C�R@tft (W $ "4th8' Coverage Form Declarations and described in this section. Such amount will thus not increase the Limits of Insurance shown for the Coverage Form. d. Obligations at the Additional hrsured's Own Cost No Additional Insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first-aid, without our consent. SECTION IV — CONDITIONS is amended by deleting item a. Primary insurance under 4. Other Insurance and replacing such item by the following, only with respect to Insurance provided to the Additional lnsured(s} shown in the above Schedule: a. Primary Insurance.andfor Primary and Non -Contributory Insurance This insurance is primary if you have agreed In a written contract that.this Insurance is to be primary. If you have agreed In a written: contract that this insurance is primary and non-contributory with the Additional Insured(s) own insurance, this insurance is primary, and we win not seek contribution from that other insurance. The Additional insured(s) scheduled above shall be subject to all other conditions set forth in the Coverage Form, This endorsement does not alter coverage provided in the Coverage Form. This endorsement oranges the policy to which it is altached and is effective on the date issued unless otherwise stated. (This Information below Is required only when thin endorsement is Issued subsequent to EndorsementEffective 11/16/2018 Policy No. GL 4045090 Named Insured SALLY BEAUTY HOLDINGS, INC. Insurance Company Safety National Casualty Corporation Page 2 of 2 Countersigned By Safety National Casualty Corporation Endorsement No. Premium $ Included SNGL 0231209 272 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: Kendra Cope, M.S. Coastal Resources Coordinator SUBJECT: Work Order No. 2018029-5 APTIM: LGFR and Immediate Post - Construction Environmental Monitoring DATE: August 13, 2019 DESCRIPTION AND CONDITIONS On April 3, 2018, the Board approved a contract with APTIM Environmental & Infrastructure, LLC. (Aptim) for professional coastal engineering and biological support services related to the management and restoration of the Sector 5 (City of Vero Beach) beach project area. The Sector 5 project area is a 3 -mile section of shoreline that extends just north of Tracking Station Beach Park south to the Gables Ocea.nfront Condominiums and sustained damages from Hurricane Matthew (2016) and Hurricane Irma (2017). A large-scale beach and dune nourishment project to maintain protection to upland properties and infrastructure is anticipated to begin in Fall 2019 and continue through April 2020. First, the proposed Work Order No. 2018029-5, in the amount of $185,731.66, provides professional services for permit required immediate post construction environmental monitoring including: • Immediate Post Construction Monitoring of Sea Turtle and Shorebird Nesting o Immediate Post Construction Biological Monitoring of Nearshore Hardbottom Second, every year the Department of Environmental Protection recommends local sponsors submit a request for reimbursement for beach restoration projects through the State's. Beach Management Program via annual Local Government Funding Request (LGFR). The proposed Work Order No, 2018029-5 provides professional services to: . c Prepare an LGFR for the Sector 5 Beach and Dune Restoration Project Staff worked with APTIM to reduce Work Order No. 2018029-5 costs where feasible. All subsequent annual post construction environmental monitoring of the Sector 5 Project area, and annual LGFR submittals will be addressed through future work orders. Page 2 273 BCC Agenda Item — September 10, 2019 Sector 5 LGFR and Immediate Post Con August 13, 2019 ]PHNniNC; Local funding for beach restoration is provided by a portion of Local Option Tourist Tax. Funding for WO#2018029-5 in the total of $185,731.66 is proposed in the 2019/2020 FY budget request. Once approved, funding will be available in the Beach Restoration Fund, Hurricane Matthew Account -Sector 5, No. 12814472-066510-17001. State and Federal Cost -Share: The County currently has two Project Worksheets (PW) issued by FEMA for Sector 5 Beach and Dune Restoration. Both the Hurricane Matthew PW #808 and the Hurricane Irma PW #3025 have been obligated by the State. This FEMA funding, in the amount of approximately $931,448, will aid the County in repairing associated storm losses within the project area. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 2018029-5; in the amount of $185,731.66, to the contract with APTIM Environmental & Infrastructure, LLC. and authorize the Chairman to sign on behalf of the County. ATTACHMENT APTIM Work Order No. 2018029-5 APPROVED AGENDA ITEM FOR: SEPTEMBER 10, 2019 274 WORK ORDER NUMBER 2018029-5 SECTOR 5 (CITY OF VERO BEACH) BEACH AND DUNE RESTORATION PROJECT 2020 IMMEDIATE POST CONSTRUCTION BIOLOGICAL MONITORING AND FY 20/21 LGFR APPLICATION This Work Order Number 2018029-5 is entered into as of this day of 2019 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 5 .(Vero Beach) Beach and Dune Renourishment Project entered into as April 3, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT Aptim Environmental & Infrastructure, LLC. Thomas P. Pierro, P.E., D.CE Title: Director of Operations Date: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 275 Al�, APTIM August 8, 2019 Ms. Kendra Cope Coastal Resources Coordinator Indian River County Public Works 180127th Street Vero Beach, FL 32960 Aptim Environmental & Infrastructure, LLC 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com Subject: Indian River County, FL Sector 5 — 2018029 — Work Order #5 LGFR and Immediate Post -Construction Environmental Monitoring Dear Kendra: This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM); to provide professional services to Indian River County (the County) in support of the Sector 5 Beach and Dune Restoration Project. The scope of work described herein is to support the County with the following items: 1. Submittal of the Sector 5 2020-21 Local Government Funding Request (LGFR) 2. To conduct the Immediate Post -Construction Nearshore Hardbottom Biological Monitoring 3. To conduct the Immediate Post -Construction Sea Turtle Monitoring The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee was developed following the provisions of the Professional :Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide engineering and biological support services in support of the Sector 5 Beach and Dune Restoration Project (RFQ#2018029). Task 1: Sector 5 2020-21 LGFR In order to distribute state funds for shore protection and inlet management projects, the Florida Department of Environmental Protection (FDEP) requests that local sponsors submit an annual LGFR for their projects. The FDEP modified the LGFR application based on the updated 6213-36 Rule which was effective August 5, 2013 and fully implemented in 2014. Task 1: Scope of Work This scope of work details the tasks required to assist the County with preparing and submitting the 2020-2021 LGFR to the FDEP and responding to both the FDEP's Application Review and Project Assessment for Indian River County's Sector 5 Beach and Dune Restoration Project. The FDEP's ranking methodology document will serve as a guide for the responses we formulate on behalf of the County. 276 oAPTIM Task 1: Deliverable August 8, 2019 Page 2 of 5 APTIM will provide the draft LGFR application to the County for review and comment prior to submittal to the FDEP. If FDEP requests additional information, APTIM will respond and provide additional information in conjunction with and on behalf of the County as needed. Once initial project rankings and initial project assessments are provided by FDEP, we will review the initial project assessment on behalf of the County and, if warranted, provide the County with a draft letter to the FDEP identifying the areas within the applications that may provide additional points to the County. Task 1: Schedule APTIM will submit the LGFR application by the deadline. Task 1: Cost The lump sum cost for this task is $8,702.00. Task 2: Immediate Post -Construction Nearshore Hardbottom Biological Monitoring The Biological Monitoring Plan developed for the Sector 5 project during permitting requires post -construction biological monitoring of the hardbottom resources adjacent to the project area to monitorfor potential secondary impacts. The scope for this task is based on the FDEP-approved Biological Monitoring Plan (0363427 -001 -JC). The post -construction nearshore hardbottom monitoring shall include: 1) Hardbottom edge mapping 2) Monitoring permanent transects Task 2: Scope of Work 1) Hardbottom Edge Mapping: APTIM shall map the position of the nearshore hardbottom edge for the entire Sector 5 project area, including 1000 feet north (updrift) and 2000 feet south (downdrift) of the project area (R-69 to R-88) for a length of approximately 3.6 miles. A buoy with a Differential Global Positioning System (DGPS) antenna linked to a topside laptop computer running HYPACK navigational software will be towed by divers to record the position of the nearshore hardbottom edge. The divers will follow the inshore contour of the most prominent hardbottom-sand border. The purpose of the survey is to provide a comparison for pre- and all subsequent post -construction edge delineations. 2) Monitoring Permanent Transects: Twenty (20) transects were established along the length of project influence, which includes 1000 feet north (updrift) and 2000 feet south (downdrift). This includes nine (9) biological monitoring transects and eleven (11) sediment only transects. All transects were established perpendicular to the shoreline and extend from the nearshore hardbottom edge to a maximum distance of 50 meters seaward. APTIM will conduct the immediate post -construction biological survey of the haidbottom using quadrat assessments, sediment measurements andvideo/photo documentation as detailed in the Biological Monitoring Plan. Up to nine (9) 0.5-m' quadrats will be sampled along each transect to quantify the benthic community. Sediment data will be collected using line -intercept and 1-m interval sediment depth measurements, and video documentation will also be collected for the length of each transect. It is anticipated that the effort to 277 AAPTIM August 8, 2019 Q Page 3 of 5 delineate the hardbottom edge and monitor the transects will take up to eight (8) field days. The data will be compiled and incorporated into a GIS database and in situ data will be entered into an Access database. Time to complete data entry, reduction, analyses, and report production is included in the cost estimate to address the data management and reporting requirements for those 8 days of field operations. Task 2: Deliverable Raw data will be provided to FDEP and the County within 45 days of completion of the survey. This includes a PDF of the scanned datasheets, excel spreadsheets with quadrat data, interval sediment depth measurements and line-interceptdata, shapefiles of the hardbottom edge survey, video and photo documentation. Additionally, APTIM will provide a map of the project area and adjacent hardbottom resources with the hardbottom edge delineation and monitoring transects overlaid onto recent, clear aerial photographs (in digital format). An immediate post-construction biological monitoring report will be generated for submittal to the County and regulatory agencies. Task 2: Schedule The immediate post-construction monitoring event will take place during summer 2020. Raw data from field operations will be submitted to the County and FDEP within 45 days and the. monitoring report will be submitted within 90 days of completion of the survey. Task 2: Cost The lump sum cost for this task is $77,875.30. Task 3: Immediate Post -Construction Sea Turtle and Shorebird Monitoring The Sector 5 immediate post -construction sea turtle and shorebird monitoring will be managed and coordinated by APTIM, and conducted by APTIM's approved subconsultant, Ecological Associates, Inc. (EAI). Task 3: Scope of Work APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. The 2020 sea turtle monitoring effort along the approximate 3.5 mile shoreline within the Sector 5 Project Area addresses permit -required post -construction sea turtle and shorebird monitoring. The monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations for the project. EAI has provided the enclosed proposal and cost breakdown for sea turtle monitoring tasks, which are summarized as follows: A. Mobilization and Management B. Sea Turtle Monitoring and Data Management C. Nest Marking and Monitoring D. Nesting Shorebird Monitoring E. Post -Construction Escarpment Surveys F. Lighting Surveys G. Reporting 278 A/� n �" n� August 8, 2019 , > r 1 I i� l' Page 4 of 5 Task 3: Deliverable EAI will submit a nesting season summary report within 90 days of completion of all monitoring activities. Additionally, an Excel spreadsheet summarizing all nesting activity and reproductive success will be prepared and submitted electronically to JCP Compliance and FWC. ,Task 3: Schedule_ The sea turtle and shorebird monitoring will commence in February 2020. Task 3: -Cost The lump sum cost for this task is $99,154.36.,. Summary The total lump sum cost to perform the proposed work described herein for Sector 5 — 2018029 — Work Order #5 is $185,731.66. Please refer to Exhibit 2, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work. order from Indian River County. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Vt Authorized Corporate Signature Stacy Buck Thomas P. Pierro, P.E., D.CE Lead Marine Biologist Printed Name Aptim Environmental & Infrastructure, LLC „_Director of Operations — _ Title cc: Thomas Pierro, P.E., D.CE, APTIM Jordon Cheifet, PE, CFM, APTIM 279 o A P T I M August 8, 2019 Page 5 of 5 EXHIBIT 2 Indian River County, Florida Sector 5 - 2018029 - Work Order #5 LGFR Application, Immediate Post -Construction Nearshore Hardbottom Biological Monitoring and Sea Turtle & Shorebird Monitoring Summary of Cost by Task Task Number Task Name Labor Equipment Materials Travel Subcontractors Total Task 1 LGFR Application $ 8,702.00 $ - $ - $ - $ - $ 8,702.00 Task 2 Immediate Post -Construction Nearshore $56,822.00 $14,246.30 $2,175.00 $ 4,632.00 $ - $ 77,875.30 $ Hardbottom Biological Monitoring $ 2,640.00 Coastal Engineer 1 $ 105.00 16 $ 1,680.00 Task 3 Immediate Post -Construction Sea Turtle & $ 2,025.00 16 $ 1,680.00 $ 97,129.36 $ 99,154.36 24 Shorebird Nbnitorin 96 $ 12,960.00 15 $ 2,025.00 135 $18,225.00 Marine Biologist II Totals= $67,549.00 $14,246.30 1 $2,175.00 $ 4,632.00 $ 97,129.36 1 $185,731.66 Indian River County, Florida Sector 5 - 2018029 - Work Order #5 LGFR Application, Invnediate Post -Construction Nearshore Hardbottom Biological Monitoring and Sea Turtle & Shorebird Monitoring Summary of Labor Hours and Cost Labor Title Labor Bill Rate LGFR Application Task 1 Labor Hours I Cost Hardbottom Biological Monitoring Task 2 Labor Hours Cost Post -Construction Sea Turtle & Shorebird Monitoring Task 3 Labor Hours Cost Labor Hours Totals Cost Principal Engineer/Sr Pro' Mn r $ 250.00 4 $ 1,000.00 $ $ 4 $ 1,000.00 Sr Coastal Engineer/Pro' Mngr $ 165.00 16 $ 2,640.00 $ $ 16 $ 2,640.00 Coastal Engineer 1 $ 105.00 16 $ 1,680.00 $ $ 16 $ 1,680.00 Senior Marine Biologist $ 135.00 24 $ 3,240.00 96 $ 12,960.00 15 $ 2,025.00 135 $18,225.00 Marine Biologist II $ 95.00 $ 364 $ 34,580.00 $ 364 $ 34,580.00 Senior CAD Operator $ 140.00 $ 1 $ 140.00 $ 1 $ 140.00 GIS Operator $ 105.00 $ 8 $ 840.00 $ 8 $ 840.00 Boat Captain $ 80.00 $ 100 $ 8,000.00 $ 100 $ 8,000.00 Bookkeeper $ 80.00 $ 2 $ 160.00 $ 2 $ 160.00 Clerical $ 71.00 2 $ 142.00 2 $ 142.00 $ 4 $ 284.00 Subcontractors - - $ - - $ $ 97,129.36 $97,129.36 Equipment - $ $ 14,246.30 $ $14,246.30 Materials - $ $ 2,175.00 - $ $ 2,175.00 Other ODCs - $ - $ 4,632.00 $ $ 4,632.00 Nlobilization/Travel - $ $ $ $ TOTAL 62 $ 8,702.00 573 1 $ 77,875.30 15 $ 99,154.36 650 $ 185,731.66 280 INDIAN RIVER COUNTY, FLORIDA • BOARD MEMORANDUM ahft TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: Kendra Cope, M.S. Coastal Resources Coordinator SUBJECT: Release of Retainage - Work Order No. 11 Morgan & Eklund, Inc. 2019 Beach Profile Monitoring Surveys (SUMMER) DATE: August 21, 2019 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board approved a contract with Morgan and Eklund, Inca (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the Contract on October 18, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. On June 4, 2019, the Board approved Work Order No. 11, in the amount of $57,750.00 for services related to summer -time countywide hydrographic surveying (beach profile) services for the Sector 3, Sector 5, Sector 7 Beach and Dune Restoration Project areas and additional surveying needed to finish a 2019 countywide (22.4 miles) monitoring effort. All onshore and offshore beach profile surveys are conducted along the Florida Department of Environmental Protection (FDEP) Range Monuments at approximately 1,000 foot intervals (alongshore) and extend from the vegetated dune seaward to a location approximately 40 feet offshore (cross - shore). Survey data from summer profile surveys are provided to FDEP. To date all work is 100% complete. The total amount of retainage withheld under Work Order No. 11, is $5,775.00. FUNDING Local funding of Beach Restoration includes a portion sof Local Option Tourist Tax. Release of retainage in the amount of $5,775.00 will be provided from accounts corresponding to each task outlined in Work Order No. 11 below. Task 1: Summer 2019 Sector 3 Semi -Annual Monitoring Survey (R -15-R-60) Release of Retainage will be provided from Beach Restoration/Retainage-Morgan & Eklund, Account No. 128-206002-05054. Task 1 retainage totals a lump sum amount of $2,530.00. Task 2: Summer 2019 Sector 5 Semi -Annual Monitoring (R -70-R-86) 281 Release of Retainage will be provided from Beach Restoration/Retainage-Morgan & Eklund, Account No. 128-206000-17001. Task 2 retainage totals a lump sum amount of $935.00. Task 3: Summer 2019 Sector 7 Semi -Annual Monitoring (R -97-R-108) Release of Retainage will be provided from Beach Restoration/Retainage-Morgan & Eklund, Account No. 128-206002-05079. Task 3 retainage totals a lump sum amount of $660.00. Task 4: Summer 2019 Countywide Beach Monitoring (R-61— R-96, R-87 — R96 and R -109-R-119) Release of Retainage will be provided from Beach Restoration/Retainage-Morgan & Eklund, Account No. 128-206000. Task 4 retainage totals a lump sum amount of $1,650.00. RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage under Work Order No.11 in the amount of $5,775.00. APPROVED AGENDA ITEM FOR: SEPTEMBER 10, 2019 282 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Declaration of 1935 43'dAvenue, Vero Beach, FL 32960 as Surplus and Authorization for Disposal DATE: August 20, 2019 DESCRIPTION AND CONDITIONS The County purchased the former Mermaid Carwash located at 1935 43`d Avenue, Vero Beach, FL 32960 from the owners Timothy E. Tynes and Joshana Tynes back in December 2008 forthe use of right-of-way for the widening of.43rd Avenue and SR 60. The building was demolished in February 2018, and the property was cleared. The necessary right-of-way has been separated from the parcel and Staff is requesting the remainder of the parcel be declared surplus. Once the property is declared surplus the Purchasing Department will initiate the sale of the surplus property. The bid sale will coincide with the advertisement by FDOT to sell 1965 43`d Avenue, Vero Beach, FL 32960 (former Szechuan Palace Restaurant). FUNDING Advertising expenses associated with a sealed bid sale, estimated at $150.00, and recording fees, estimated at $18.50 for a two page deed, will be charged to Traffic Impact Fees/District 2/43rd Ave -18th Street to 26th Street. Acct# 10215241-066510-06041.. RECOMMENDATION Staff recommends the Board of County Commissioners designate parcel #33-39-04-00010-0000-0003.0 as surplus to the County's needs, and direct its disposal by sealed bid sale. The high bid will be presented to the Board for award and ratification. ATTACHMENT Resolution No. 2019 - APPROVED AGENDA ITEM FOR: September 10, 2019 283 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING THE PROPERTY AT 1935 43,d AVENUE, VERO BEACH, FL 32960 TO BE SURPLUS LAND AND FINDING THAT THE SALE OF THE PROPERTY IS IN THE BEST INTERESTS OF THE CITIZENS OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, the County owns a parcel of property located at 1935 43rd Avenue, Vero Beach, FL 32960 in Indian River County; and WHEREAS, the property is a vacant parcel; and WHEREAS, the property contains no improvements; and WHEREAS, the County has no use for the parcel in its future plans; and WHEREAS, the County no longer desires to maintain the property; and WHEREAS, the property came into County ownership via purchase and closing in 2008. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. It is in the best interest of the health, safety and welfare of citizens of Indian River County to declare this property as surplus land and to sell this property by sealed bid with advanced notice to the public. 2. Staff is hereby directed to take the steps necessary to prepare the property and the lease hold interest to be sold by sealed bid open to the public. 3. This Resolution is being made pursuant to Florida Statute 125.38. This resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of September, 2019. Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of the Court and Comptroller Deputy Clerk 285 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 299 -If TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Property Exchange for Right -of -Way Acquisition 47543 rd Avenue SW, Vero Beach, FL 32968 Brian R. Watson and Gayle P. Watson, husband and wife DATE: August 20, 2019 DESCRIPTION AND CONDITIONS The County has future plans to widen and improve 43rd Avenue between Oslo Road and 4th Street. This will require utilizing part of the property located at 475 43rd Avenue SW, Vero Beach, FL 32968. The 0.75 acre property is owned by Brian R. Watson and Gayle P. Watson and is zoned RS -3. The County owns an 8.13 acre (354,142 square feet) parcel of land adjacent to and west of Mr. and Mrs. Watson's property. The Watsons approached the County to exchange 0.13 acres of property adjacent to 43rd Avenue for 0.15 acre County parcel and the 20'wide easement in the rear of the Watson's property, which is part of the 8.13 acre parcel of land owned by the county. The two week Public Notice of Sale, required by the Exchange Agreement, has been met, by advertising in the Indian River Press Journal on Sunday, August 25, 2019 and Sunday, September 1, 2019. There is an advertising fee of $340.20. There are no appraisal fees or attorney's fees for the exchange of the subject properties. FUNDING Funding for the advertising fee of $340.20 is budgeted and available in Account No. 10924741-034910, Secondary Roads/Real Estate/Legal Advertisement. RECOMMENDATION Staff recommends the Board approve the exchange and authorize the Chairman to execute the Real Estate Exchange agreement on behalf of the Board. ATTACHMENT Real Estate Exchange Agreement APPROVED AGENDA ITEM FOR: September 10, 2019 286 REAL ESTATE EXCHANGE AGREEMENT Between INDIAN RIVER COUNTY AND BRIAN R. AND GAYLE P. WATSON This Real Estate Exchange Agreement (Agreement) entered into this day of , 2019 between Indian River County, a political subdivision of the State of Florida ("the County")1801 27th Street, Vero Beach, Florida 32960; and Brian R. and Gayle P. Watson, husband and wife, 475 43rd Avenue SW, Vero Beach, Florida 32968 ("Watson"). WHEREAS, the County has future plans to widen and improve 43rd Avenue between Oslo Road and 4th Street that will require the utilization of part of the Watson property located on 43rd Avenue, Vero Beach, Florida; and WHEREAS, the County owns a parcel of land adjacent to the west of the Watson property (former Stump Dump) that runs parallel to 43rd Avenue; and WHEREAS, in order to mitigate the impact of the loss of property due to the future road expansion, the County has offered to exchange a portion of the Stump Dump property together with an easement for ingress/egress thereto in exchange for the needed Watson property; and WHEREAS, the County and the Watsons hereby agree to an exchange of portions of their respective properties; and WHEREAS, each party is indivisibly seized of their respective parcel of property and shall convey marketable title to their respective parcel by County or Warranty deed free of claims, liens, easements, and encumbrances, but subject to property taxes for the year of closing; and WHEREAS, this Exchange Agreement is subject to final approval by the Indian River County Board of County Commissioners (BCC) through the adoption of a Resolution. Such an exchange is allowed under Section 125.37, Florida Statutes. Notice is required to be published once a week for two weeks before consideration by the BCC.. NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants hereinafter, the Watsons and the County agree as follows: 1. The above recitals are true and correct and incorporated by reference into this agreement. 2. The County hereby agrees to convey by County Deed to the Watsons a 0.15 acre (6,475 sq. ft.) parcel of property depicted on the sketch and legal description attached and incorporated by reference to this Agreement as Exhibit A. 287 3. The County also agrees to convey an exclusive 20' wide easement for ingress and egress off of 5th Street SW to the 0.15 acre property as depicted on the sketch and legal description attached and incorporated by reference to this Agreement as Exhibit B. 4. The Watson hereby agree to convey to the County by Warranty Deed a 0.13 acre (5,710 sq. ft.) parcel of property depicted on the sketch and legal description attached and incorporated by reference to this Agreement as Exhibit C. 5. Each party shall convey marketable title to their respective parcels by County or warranty deed free of claims, liens, easements, encumbrances and property taxes prorated for the year of closing. 6. If 'the Watsons are required to obtain a partial release of mortgage on the property they convey to the County, the County will agree that the partial release may be held in escrow until the closing of this exchange. 7. The Watsons agree to provide evidence of property insurance covering the easement in the amount of $500,000.00 for Personal Liability together with naming the county as an additional interest and providing a certificate of said insurance to the County. 8. The Watson shall remove any of their personal property from the property conveyed to the County prior to the date of Closing. 9. Each Party shall be responsible for preparation of its own Closing documents and each party shall hold any deed in escrow until the Closing Date. 10. The County shall pay the following expenses at Closing: The cost of recording the warranty deed from the Watsons. 11. The Watsons shall pay the following expenses at or prior to Closing: a. Any and all taxes prorated to the Closing date. b. All costs necessary to cure title defect(s) or encumbrances, other than the permitted exceptions, and c. All costs to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property conveyed to the County. d. All costs to record the Colony Deed and Ingress/Egress Easement. 12. In the event a dispute arises over this agreement, the Watsons and the County shall each pay their own attorneys' fees and costs. 13. This Agreement with its attachments constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral. IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set forth above. BRIAN R. AND GAYLE P. WATSON H AND AND WIFE /Brian R. Watson Gayle P. #Vatson Witness: �� Sign: Print name: &-,r- Witness: Sign:v Print e: Cr, STATE OF FLORIDA COUNTY OF INDIAN RIVER Date Signed: 7 L4 Date Signed: 7/57 j I G The foregoing instrument was acknowledged before ane this -5�--day of -SJ1 , 2019, by Brian R. and Gayle P. Watson and who are personally known to me or pr duced �� �•1� L+�e�s� as identification. SEAL: JOSEPHINE 0. AFFIICK Notary Public - State of Florida Commission # GG 042322 My Comm. Expires Oct 26, 2020 Bonded through Nalional Notary Assn. NOTARY PUBLIC i printed name: Commission No.: Commission Expiration: 289 IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set forth above. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman Date Signed: ATTEST: JEFFREY R. SMITH CLERK TO THE BOARD AND COMPTROLLER By: Deputy Clerk APPROVED: By: Jason E. Brown County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William K. DeBraal Deputy County Attorney 290 Sketch and Legal Description fvr:INDIAN RIVER COUNW [at De� scrietidn Being a Parcel of land lying in Tract 8, $action 21, Township 33 South, Range 39 East, According to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 26, ran Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida; Said Parce(being the East 60.0 feet of the North 107.91 feet of the South 368.11 feet of the following described Lands to wii: West 10 acres of the bast 20.54 acres of Tract 8, Section 21, Township 33 South, Range 39 East, according to the Last General Plat of Indian River Farms Company, filed in the Ofte of the Clerk of the Circuit, St. Lucie County, Florida, now lying and being In Indian River County, Florida. LE88 AND EXCEPT The East 60 feet of the North 170,20 feet of the South 260.20 feet of the West 10 acres of the East 20.54 acres of Tract 8, Section 21, Township 33 South, Range 39 East, according to the Last General Plat of Lands of the Indian River Farms Company recorded in Plat Book 2, Page 25 of the Public Records of DSt. Lucie County, Florida. Alw" ALSO LESS AND EXCEPT The North 60 feet of the South 90 fleet thereof for additional 5th Street S.W. Right of Way. The East line of the herein described Farces Is Intended to be coincident With those lands as described Official Record Book 1787, Page 1248, 9uEi ayoiOs Notes 1). This Sketch and Legal Description was prepared v4th the benefit of a Boundary Survey prepared by Indlen River County Public Works Department, Job No. 1846, Dated September 18, 201& Together with the Last General Plat of the Lends of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of Sit Lucie (now Indian River County), Florida. 2).Thts legal description shall not be valid unterm (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description.. (b) Reproductions of the description and sketch are not valid unless signed and seated vAth an embossed surveyor's seat. Legend and Abbreviations D.B. = DEED e00K I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A -DELTA ANGLIA SQ. FT. - SQUARE FEET R = RANGE R/W - RIGHT-OF-WAY T - TOWNSHIP T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND TRS =TRUSTEES This is not a Certif7catlon (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID 80-TCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER SJ -17.082 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. DATE OF SIGNATURE Af I NC:Y. IND/AN RIJIM COZINry, R MAZ,1,10 WORMS AN"I'TAMOINERINO AlY. DAVID M_ SILON PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE= NO. 6139 1or, (6"f11 Sfieel': W') ,�ketch and Legal Description for. INDIAN RIVER COUNTY ~� NORTIf LINE 'TRACT 8� 1.R.PAC.D. SOUTH REl. EF CANAL. i EAST UNE OF THE WEST 10 ACRES OF THE EAST 20.84 ACRES OF TRACT $---►- WEST 10 ACRES .-------------------_------_____...._..»..__...,..--------------------------------- WEST UNE OF THE EAST i 1 10.54 ACRES OF TRACT 8 EAST UNE OF P.9, 81, PC. 5 r�r i 1 t t �j i t7 j t tom- l I ty i 'bYi zi t r , 1 i { ! t 1 Oa!Mha ROT -OF WAY LINE. ! i b ! 1 t 5th SMi_CT 64W. SWTH UNE NORTHEAST ONE WARIER 71-33-- 9NAVA D SOUTH UNE TRACT 8 This is not a AGLNGY: INIOW RIVER 001MYs AL FLlBL/C W(J1PAM PM.1, "llVINWANO A ' Lt //e , N%4 2 OF 2 SX-atch m7d LegalDescrlpAw for, - INDIAN RIVER COUNTY (5Th Street 5. W,) NOT TO SCALE-�_ ___ _ _- - ®® i .R.. 1707, fl) 1248 F i i 33-3 BRIAN AND GAYLE WATSON 1 1 75 FTS OTE ADDRESS; 4755 43RD AVE, O.R.B. 1787, PO 11240 i (0.75 ACRE5, MORE OR LESS) UNMPROVW 33-39-21-00001-0080-000020 i INDIAN RIVER COUNTY t r SITE ADDRESS: Slh STREET S.W. r �- 1 li 1 1 1 , 5 r�r i 1 t t �j i t7 j t tom- l I ty i 'bYi zi t r , 1 i { ! t 1 Oa!Mha ROT -OF WAY LINE. ! i b ! 1 t 5th SMi_CT 64W. SWTH UNE NORTHEAST ONE WARIER 71-33-- 9NAVA D SOUTH UNE TRACT 8 This is not a AGLNGY: INIOW RIVER 001MYs AL FLlBL/C W(J1PAM PM.1, "llVINWANO A ' Lt //e , N%4 2 OF 2 SX-atch m7d LegalDescrlpAw for, - INDIAN RIVER COUNTY (5Th Street 5. W,) Sketch and Legal Description forANDIAN RIVER COUNTY Legal Descripfion (Ingress -Egress Easement) Being a. Parcel of land lying in Tract 8, Section 21, Township 33 South, Range 39 East, According to the. Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, naw lying and being In Indian River County, Florida; Said Parcel being the West 20.0 feet of•the East 60.0 foet of -the North 278.11 feet of the South 368,11 feet of the following described Land's to wit: West 10 acres of the East 20.54 acres.of Tract'8, Section 21, Township 33 South, Range 39 East, according to the Last General Plat of Indian River Farms Company, filed in the Office of the Clerk of the -Circuit, St. Lucie County, Florida, now lying and being in Iridian River County, Florida, r, The East line of the herein described Parcel is intended to be coincident with those lands as described Official Record Book 1787, Page 1248. Surveyor's Notes 1). This Sketch and Legal Description was prepared -with the benefit of 8 Boundary Survey prepared by Indian River County Public Works Department, Job Nm 1846, Dated October 30, 2018. Togetherwith the Last GeneMl Plat of the Lands of the Indian River Farms Company Subdivision, Recorded In Plat Book 2, Page 26, Publio Records of St. Lucie (now Indian River County), Florida. 2).ThI4 legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. 0) Reproductions of the description and sketch are not valid unless signed and seated with an embossed surveyor's seal. Legend and Abbraytiptions D.B. = DI=ED BOOK I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. TT, a SQUARE FEET R = RANGE RAN = RIGHT-OF-WAY T =TOWNSHIP T.11F. =TRUSTEES OF THE INTERNAL IMPROVEMENTFUND TRS =TRUSTEES This is not a Certification (NOT VALID WITHOUT -THE SIGNATUREAND'ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE ANL) BELIEF. I FURTHER CERTIFY THAT THiS SKETCH AND DESCRIPTION MRE'15 THE $1'ANDARbs OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PRO t=9NAL,B0ARD OF SURVEYORS AND MAPPERS• IN CHAPTER SJ -17.052 FUORIDA.ADMINISTRA i IVF - CODE; PURSUANT TO SECTION 472.02T FLORIDA STATES S.�• . /1- lb- ZOIs DATE OF SIGNATURE f -pA ID M. SI ON PROFESSIONAL Sl1r. wE 6 AND MAPPER FLORIDA CERTIFICATE. NO. 6139 AGLNGY: IND/AN RIVER COUNTY, FL ... PUBLIC WORKS DEPT./£NG/N££R/NG D/V Sketch acid L ega/'Descriptiow DATE:l i LB DRAWN BY.- '¢.. % R. /NGLETT fO f SCALE: IIIA APPROVED BY: D. 5,/Z OW /NDIANR/VER COUNTY SHEET. ' OF 2 OB NO; (5t17 Street S. W.) 293 Sketch and Legal description for: INDIAN RIVER COUNTY NORTH LINE V1R CT e I.R.F.W.GD. SOM RELIEF CANAL f ' I EAST LINE OF THE WEST 10 ACRES OF THE EAST 20.54 ACRES OF TRACT 8--• WEST 10 ACRES ro EAST LINE OF D.9. 61, PG. 119—• - NOT TO $CALE __ T----- PROPOSED -_-} PROPOSED WEST PROPERTY -1 LINE FOR ADDRESS: 478 43rd AVENUE ! LINE OF THE EAST ACRES OF TRACT 8 WEST LINK OF -----O.R.9. 1787, PG. 1248 IMPROYED 3.7-39-21-00001-0080-00004.2 BRIAN AND OAYtE WATSON SITE ADORESS: 475 43RD AVE. O.FM 1787. PG. 1248 (0.75 ACRES, MORE OR LESS) 294 UN1MpFtf1Y0 33-39 21-00001-0080-ODOOZ.O INDIAN RIVER COUNTY i to SITE ADDRESS: 511 STREET S.W. 0.8. 81, PG. 119 � o 1 Ftii EAST eo' i IMPROVED y� � 1 $3-3 .-21-00001-Og80-DOD05.1 04RAtD OECHTOLD { i SITE ADDRESS 4350 5th ST. S.W. T 20`O.R.D. 1383, PG. 2841 1 & O.R.B. 979, PC. 45 1 f 1 1 ��• 1 i 0' INGRESS/EGRESS EASEMENT 1 8661 SOS F, 0.13 ACRD i 1 1 1 1 1 1 1 EXISTING RICHT-OF WAY UNE 1 i 1 � 1 1 o � t 1 off• k. 9 j p 1 41� 1 6th MEET S, W. SOUTH U E NOR EAST ONE QUARTER 21-33-39 D SOUTH LINE TRACT 8 This is not a Boundary Survey AGENCY: INDIAN* R/VER COUNTY, FL ' PUBLIC WOWS- PEPTIENGINEERING ©It! 0g,91 Desoll-10 ov DAVE: 11/16/18 DRAWN BY: R, /NGL£TT fOI;� SCALE: N/A APPROVED BY: INDIANRIVER COUNTY 17,SIL ON SHEET -.OB 2 of z NO: (5th Street S, W-) 1846 294 Sketch and Legal Description for:]NDIAN RIMER COUNTY Legal Description (Right-of-way Acquisition) Being a Parcel of land lying in Tract 8, Section 21, Township 33 South, Range 39 East, According to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Mage 25, Public Records of St, Ducie County, Florida, now lying and being in Indian River County, Florida; Said Parcel being the East 56.0 feet of the following described Lands to wit: PARCEL 1: The South One Half of the South One Half of the north 407.81 feet of the South 5.54 acres of the East 10.54 acres of Tract 8, $ection 21, Township $3 South, Range $0 East according to the Last General plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida; now lying and being In Indian River County, Florida; LESS AND EXCEPT That portion lying within 43rd Avenue (Clemens Avenue) and less the North 25 feet thereof. PARCEL 2; The North 25 feet of the following described property: The South 5.54 acres of the east 10.54 acres of Tract $, Section 21, Township 33 South, Range 39 East, less Canal and less the North 407.81 feet, according to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida; now lying and being In Indian River County, Florida, Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a i�oundwy Survey prepared by Indian Inver County Pubiio Works Department, Job No. 1848, Dated September 16, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded In plat Book 2, Page 26. Public Records of St, Lucie (now Indian River County), Florida. `, 2).Thls legal description shall not be valid untess: �I �r (a) Provided In its entirety consisting of 2 sheets. with sheet 2 showing the sketch of the description. (b) Reproductions of The description and sketch are not valid unless signed and sealed with --� an embossed surveyor's seat. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC c LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) - PLAT P.B. = PLAT BOOK PGE = PACE PBS = PLAT BOOK ST. LUCIE A =DELTAANCLE SQ. FT. = SQUARE FEET R = RANGE R.NJ = RiGHT-OF-WAY T -TOWNSHIP T,I,I,F. =TRUSTEES OF THE INTERNAL IMPROVEMENT FUND TRS =TRUSTEES CoMicatton oR t Q) (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR. SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS iN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. DATE OF SIGNATURE This is not a Boundary Survey Ari CY.. /NVIAN RIVER00V#7Yf AL PIARL10 MIMS PE"r�'' IENOIN"ENINO MY. 4 I OF 2 DAVID M. SILON PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO, 6139 '%vtc clrlv'Ltcgall7e.criptivn INDIAN 'I'VE R C0 Nrl (4754,YWAvenue) Sketch and Legal Description for: INDIAN RIVER COUNT SITE SOUTH UNE OF THEACRES OF THE EAST 10.64 ACRES TRACT 8 _N011111_5.00 NORTH UN$ DF T11 SOUTH 8,54 ACRES OF THF EASTFAST 10,54 ACRES TRACT 8 T 25' -WEST UNE OF D iE FAST t 10.54 ACRES OF TRACT 8 t t t NORTH LINE OF TME SOUTH ONE HALF OF -1115 SOUTH q E HALF LESS t i NORTH 25' L ' tORB. 1787 # PG. 1248 T i n � 1lAPRO�A f g } 33-39-21-00001-0080-00004.2 BRIAN AND GAYLE WATSON i' SPIE ADDRESS 478 43RD AVE i O.R.S. 1787, P0. 124$ ! Z t (0,75 ACRES, Mom OR CESS) a t t ! T ( SOUTH UNE OF THE NORTH 407.81' i T OF THE SOUTH 6.64 ACRES OF THE EAST 10.54 ACRES i t NOR RTH 25' i t O. B. 1 787 # P0. 1248 a 4350 Bth ST. SSW. 1363. PG. 2941 VACANT 33-39-21-00001-0080-00005.0 GERALD HECHTOLD SITE ADDRESS 485 43RD AVE. 0-R.B. 2144. P0. 1583 NOT TO SCALE T t t t t t SOUTH UNE NORTHEt1ST_ONE QUARTER 21-33 3& AND SOUTH UNI 5th STREETS.W. This is not a Boundary Survey AGENCY: ISDIAN RIVER COMMY. FL u zs I ru zu ro I�4 IN 25' 25 81' ---------------- 25' 25` NOT TO SCALE T t t t t t SOUTH UNE NORTHEt1ST_ONE QUARTER 21-33 3& AND SOUTH UNI 5th STREETS.W. This is not a Boundary Survey AGENCY: ISDIAN RIVER COMMY. FL u zs I ru zu ro I�4 IN 25' 25 8 %— Pl RAC WORIM /JLPT.AMONtER/N/' D/9. Sketch andLvgal Desmlptiv17 DATE; 19/x401118 DRAWN BY: R, lN�1 ETT fol: SCALE. APPROVED BY: NIA INDIA /V RIVER C'001V; rY SHEET: 2 OF 2 0B NQ: 9846" (47543r*o'AMO --) In 1 95,E 698 1tld' 8 %— Pl RAC WORIM /JLPT.AMONtER/N/' D/9. Sketch andLvgal Desmlptiv17 DATE; 19/x401118 DRAWN BY: R, lN�1 ETT fol: SCALE. APPROVED BY: NIA INDIA /V RIVER C'001V; rY SHEET: 2 OF 2 0B NQ: 9846" (47543r*o'AMO --) Exhibit for: INDIAN RIVER COUNTY UNIMPRDIYE'D.: NOT To SCALE 33-39-21-00001-0080-OD002.0- INDIAN RIVER COUNTY SITE ADDRESS: 5th STREET SA D.B. 61, PG. 119 Area to be_ _con�reyed_-. Area to be conveyed to Watson from from Watsor),, to Indian River County Indian River_ .County --BRIAN AND GAY!£ WATWN 0.15 OR'cSi 33-39-21=00001-0080-00004:2 / C 6475 SO. FT.f SITE,, ADDRESS: 475 4380 AVL C O.R.B. 1787, PG. 1248 ®U (0.75,ACRES, MORE OR LESS)- 00 ESS)- 5th Street S.W. This is not a Boundary Survey AGENCY: INDIAN R/!/£R COUNTY, FL P11, OL WORKS DEPT./£NG/NEER/NO D1 Y. DATE: 9/04/19 DRAWN BY: R. /NOL£TT SCALE: APPROVED BY: N/A 0. SCHRMER SHEET: JOB NO: 1 OF > 1 1846 I � 00 1a_ a E au Q D pZ. Im c to - - -: t0 A 56' IfNJi rcST 20'_.- 90 Eo x 00 .6j �c `v !-q 0 Proposed 0 O'INGRESS/EGRESS Dy P.B.S. 2 EASEMENT PG 25 I 0 5661 SO. FT. 0.13 ACRE* p J4_0 It _ -EAST-60'- _ 5th Street S.W. This is not a Boundary Survey AGENCY: INDIAN R/!/£R COUNTY, FL P11, OL WORKS DEPT./£NG/NEER/NO D1 Y. DATE: 9/04/19 DRAWN BY: R. /NOL£TT SCALE: APPROVED BY: N/A 0. SCHRMER SHEET: JOB NO: 1 OF > 1 1846 I � 1 w a T m D pZ. Im c° N (< t0 A 56' IfNJi IZ 90 O.R.B. 1395, x PG 698 �c `v !-q 25' 25' Dy P.B.S. 2 P.B.S. 2 ro C PG 25 I PG 25 m 0 IC 0 I 25' 25' B.S B.S. PG 25 1 PG 25 0 0 1 a 4 mb lZ T m D pZ. Im c° N (< t0 A 56' IfNJi IZ O.R.B. 1395, m PG 698 - c Exhibit for.- INDIAN RIVER COUNTY (5th Street S. W, j 297 Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION 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. August 25, 2019, September 1, 2019 Subscribed and sworn to before on September 3, 2019: Notary. State of WI. Countv of Brown TARA MONDLOCH Notary Public State ofWisconsin x. My commission expires August 6, 2021 Publication Cost: $340.20 Ad No:0003742555 Customer No: 1310775 PO #: G,C-I SEP 2019 -r-j- . QFP/CE %Ey's NOTICE OF PROPOSED EX- CHANGE OF REAL PROPERT The Board of County Commis• sioners of Indian River Coun- ty, Florida ("County"), hereby provides notice of a proposed real property exchange with Brian.and Gayle Watson ("the Watsons"). The terms and conditions of the exchange agreement are as follows: 1. The Watsons reside at 475 43rd Avenue, Vero Beach. Florida. Aspart of the proper - IT; exchange, the: Watsons agree to convey to the County a parcel of land located on the east border of their property abutting 43rd Avenue, con- sisting of 5;710 square fleet (11:13 acres): 2. At the: same: time, the County agrees to' convey to the 'Watsons a parcel of land west of 43rd Avenue, north of 5th Street SW, abutting the western .border of the Watso- n's property, consisting of 6,475.s uare feet (0.15 acres). 3. The County Will also con- vey to the Watsons, a: 20' wide ingress/egress easement running from 5th Street SW north' 278.11' to access the rear of the Watsons' property. 4. Each, party shall convey marketable title to their re- specti' parcels. The Watsons shall :convey `by warranty deed free of claims, liens, easements, encumbrances and Property taxes prorated for the, year of closing. The Coun- ty shall .convey by county deed pursuant to`FS 125.411. 5- Each party shall be respon- sible for preparation of its own documents necessary to convey title in their own properties to the other par- ties. Each party, shall pay the cost 'of recording the deeds; releases be _satisfactions re- ceived pursuant to .the ex- change agreement. 6. The Watsons shall pay the followingexpenses at or prior to Closing: All costsnecessarl to cure title defect(s) or en- cumbrances, other than the permitted exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Prop- erty conveyed to the County. 7. Closing to occur within 60 days of the approval of the exchange agreement by Indian River County Board of County Commissioners. The real property exchange will be considered by the Board of County Commission• ers of Indian River County on Tuesday, September 10, 2019 at 9:05 a.m. or as soon there- after as the matter may be heard, in the County Commis- sion Chambers located on the first floor of Building A of the County Administrative Com- plex, 1801 27th Street, Vero Beach, Florida 32960. Anyone who wishes to in- spect any maps showing the parcels to be exchanged may do so during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday). at the Office of the County At- torney, located on the 2nd floor of Building A of the County Administrative Com- plex, 1801 27th Street, Vero Beach, Florida. 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 meetina. INDIAN RIVER_ COUNTY BOARD OF COUNTY COMMIS- SIONERS BOB SOLARI,-CHAIRMAN Publish: Aug. 25, Sept 1, 2619 TCN3742555. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM qDD TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Acquisition - Extension of 111h Drive between 37th and 41" Streets 120037 th Street, Vero Beach, FL 32960 Owner: Indian River Surgery Properties, LLC DATE: August 20, 2019 DESCRIPTION AND CONDITIONS Public Works is requesting approval of the attached Purchase Agreement fora 2.20 acre parcel located at 1200 37th Street, Vero Beach, FL. The property will be utilized for right-of-way and stormwater treatment purposes for the future extension of 11th Drive from 37th Street to 41ST Street. In June of 2019, the Board of County Commissioners approved to amend the County Comprehensive Plan to modify certain Levels of Service (LOS) in the Transportation Element. Specifically, the LOS for 37th Street was adjusted from 880 peak hour, peak season, peak direction trips, to 992 trips between US -1 and Indian River Boulevard. This was necessary as staff pursued a better alternative to widening 37th Street from a two-lane roadway segment to a four - lane roadway segment. As part of this alternative, staff has concluded that adding a north/south roadway segment from the intersection of US -1 to 37th Street and from 37th Street to 41St Street would provide alternate routes in order to reduce congestion on 37th Street. County staff is currently working with the property owners north of this parcel, the Russell's and Riverfront Groves, in preparing a Developers Agreement for right-of-way and cost sharing for the construction of 11th Drive. Indian River Surgery Properties, LLC owns the 95,700 square foot +/- property located at the northeast corner of 37th Street and 12th Court. The property is zoned MED, Medical. The building was built in 1991 and operated as a surgery center until June 2016 when it closed. Staff obtained an appraisal of the property indicating a value of $1,550,000. The County offered Indian River Surgery Properties, LLC the appraised value of $1,550,000 to purchase the property. The Seller accepted the County's offer. Purchase of the property is contingent upon the successful completion of a Phase 1 Environmental Assessment of the property by the County. FUNDING Funds for this expenditure is budgeted and available from Optional Sales Tax/ROW/37th Street/US 1 to Indian River Boulevard Account # 31521441-066120-13009. 298 RECOMMENDATION Staff recommends the Board approve the Purchase Agreement for the 2.20 acre property located at 1200 37th St, Vero Beach, FL 32960, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement Conceptual Configuration of 11th Drive. APPROVED AGENDA ITEM FOR: September 10, 2019 299 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND INDIAN RIVER SURGERY PROPERTIES, LLC THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of 2019, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Indian River Surgery Properties, LLC, a Florida limited liability company ("the Seller") who agree as follows: WHEREAS, Seller owns property located at 1200 37th Street, Vero Beach, FL 32960. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing the former medical office building for right- of-way and a future stormwater treatment system; and WHEREAS, the County contacted the Seller to purchase the property of approximately 95,700 +/- square feet or 2.20 +/- acres of property as depicted on Exhibit "A", and after negotiations with the County, the Seller has agreed to sell the property to the County; and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 1200 37th Street, Vero Beach, Florida 32960 and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 2.20 acres, all improvements thereon, together with all easements, leases rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $1,550,000.00 (One Million Five Hundred and Fifty Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of 300 County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. The execution of this Agreement by the County shall be evidence of such approval. 3. Title. Seller shall convey marketable title to the Property by special warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within five! (5) days from receipt of notice from County of title defects ("Curative Period"). If the title defects are not cured within the Curative Period, County, as its sole remedy, shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects without a reduction in the Purchase Price and proceed to Closing. 3.2 This agreement is contingent upon a "clean" Phase 1 Environmental Assessment of the Property for the County's intended use, which County shall receive within ninety (90) days following the Effective Date of this Agreement (the "Review Period"). The Seller shall permit access to the County (or its agent) for such testing and examination needed for the Phase 1 Assessment upon reasonable notice by the County; provided that County shall not perform any invasive testing at the Property without the prior written consent of Seller. At the conclusion of the Phase 1 Assessment, Property shall be returned by County to its original condition, ordinary wear and tear excepted. In the event the Phase I is not acceptable to County, County has the right to terminate this Agreement prior to the end of the Review Period by written notice to Seller, whereupon this Agreement shall be of no further force and effect. 4. Representations of the Seller. Seller makes the following representations and warranties as of the date of this Agreement: 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances, other than the Permitted Exceptions. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 301 4.2.1 To the knowledge of Seller, there are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the.County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations, hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing. 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a special warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances, other than the Permitted Exceptions, and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any monetary encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. (e) The Seller shall execute and deliver to County an assignment of leases in effect at the time of closing. Seller shall transfer to County all deposits and rents held in escrow at closing. 302 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes and special assessments which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 The following items which are owned by Seller and existing on the Property as of the date of the initial offer are included in the purchase: ranges)/oven(s), refrigerator(s), dishwasher(s), disposal, ceiling fan(s), intercom, light fixtures(s), drapery rods and draperies, blinds, window treatments, smoke detector(s), garage door opener(s), security gate and other access devices, and storm shutters/panels. 7.3 Seller shall deliver at Closing all keys, garage door openers, access devices and codes to County, if applicable. 8. Closing Costs: Expenses. County or its agent shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8.1.1 The cost of recording the special warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the special warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8.2.2 Any real estate commissions, fees or cost associated with listing the Property. 9. Miscellaneous. 9.1 Controllinq Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or 303 oral, between the Seller and the County relating to the subject matter. hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Indian River Surgery Properties, LLC 569 Brookwood Village, Suite 901 Birmingham, Alabama 35209 Attn: Real Estate Department If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies 304 with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non- public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISIONERS INDIAN RIVER SURGERY PROPERTIES, LLC, a Florida Limited Liability Company Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller as Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney Name: Title: Date: 305 EXHIBIT "A" Lot 2, CGN Subdivision, according to the plat recorded in Plat Book 13, Pages 38 and 38-A, Public Records of Indian River County, Florida Commonly known as: 1200 37th Street, Vero Beach, FL 32960 Parcel ID Number: 32-39- 26-00012-0000-00002.0 306 wry ��`C cs , .r7, , e �f •�1 . 1 � , Join s�accr . .(J _ CONCEPTUAL ALIGNMENT PLAN 8/20/19 ❑ 5D , .J 1. a If 307 ��i%.!�'}i. �:C•a •2�ryyd�.�' s� ��..� :fir-e-. � r�xy_,,� �\_. �.. ,,s Rt.il Cly '�' �i�;'* 14 Li � v� cxerx exus , ILI �%.�M1�� �rti , � 1 7�. �� � �'• i� .�� �' � •� L t sr.�_J �II1—f�`r��4�--_ ��.Y, t0�.*1197sAC ES1, . �'�' 1S r�[- 1 •Sfi�,.7, y � �;c�?+.. , 1� � 7fl�"' �Kx �?� - �q'«.i z Mt �'_' . a.. �fS I '�fF�t'Ft 5,��"�`,' �`/ � ��a�i ft 'moi • 1 411 1/ 37117 STREET m m ra- e• CONCEPTUAL r '° 1� ' ' -iL ALIGNMENT T--r--j;'A�PLAN 8/20/19". jj rT I —� �• 36117 STREET ws INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Manuel Cabo, Telecommunications Manager SUBJECT: Second One -Year Extension of Telecommunications Systems Equipment, Material, Supplies, Maintenance, and Installation Agreements (Bid 2017057) DATE: August 27, 2019 DESCRIPTION AND CONDITIONS On August 15, 2017, Indian River County entered into Contract Agreements DraftPros, LLC, dba DraftPros, Inc., Gerelcom, Inc.; Danella, Inc.; and Universal Cabling Systems, Inc. for as -needed telecommunications system equipment, material, supplies, maintenance and installation. The Agreements include provisions for two (2) one-year extensions upon Board approval. On September 18, 2018, the Board approved the first extension. This first extension will expire on September 30, 2019. Public Works is requesting to implement the second extension of the Contract Agreements for the period from October 1, 2019 to September 30, 2020. FUNDING Funding for work under this award will come from multiple sources, based on project and associated County Department. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the extension of the Telecommunications Systems Equipment, Material, Supplies, Maintenance, and Installation Agreements and authorize the Chairman to execute the extensions after review and approval by the County Attorney as to form and legal sufficiency and after any updated insurance has been received and approved. ATTACHMENTS Second Extension Danella, Inc. Second Extension DraftPros, Inc. Second Extension Gerelcom, Inc. Second Extension Universal Cabling Systems, Inc. APPROVED AGENDA ITEM FOR SEPTEMBER 10, 2019 309 SECOND EXTENSION TO TELECOMMUNICATIONS SYSTEMS EQUIPMENT, MATERIAL, SUPPLIES, MAINTENANCE, AND INSTALLATION AGREEMENT BETWEEN INDIAN RIVER COUNTY AND DANELLA, INC. THIS SECOND EXTENSION of the Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation Agreement is entered into by and between Indian River County, a Political Subdivision of the State of Florida, (hereinafter called IRC) and Danella, Inc., (hereinafter called CONTRACTOR). IRC and CONTRACTOR, (the Parties) agree as follows: RECITALS WHEREAS, on August 15, 2017, the Parties entered into the Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on October 1, 2017, and allowed for two one-year extensions; and WHEREAS, the First Extension to the Agreement was for one year, beginning on October 1, 2018, and expires on September 30, 2019; and WHEREAS, the requirements for an extension have been satisfied and, the Parties desire to execute the Second Extension to the Agreement. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the Parties agree as follows: Article 11 of the agreement is amended to include the following: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 310 The Agreement between the Parties is hereby extended from October 1, 2019 to September 30, 2020. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, IRC and CONTRACTOR have executed this Second Extension this _ day of 2019. OWNER: CONTRACTOR: INDIAN RIVER COUNTY, FLORIDA, BOARD Danella, Inc. OF COUNTY COMMISSIONERS By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney Bv: Printed Name: Title: (CORPORATE SEAL) Witness: Approved: By: Jason E. Brown, County Administrator 311 SECOND EXTENSION TO TELECOMMUNICATIONS SYSTEMS EQUIPMENT, MATERIAL, SUPPLIES, MAINTENANCE, AND INSTALLATION AGREEMENT BETWEEN INDIAN RIVER COUNTY AND DRAFTPROS, INC. THIS SECOND EXTENSION of the Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation Agreement is entered into by and between Indian River County, a Political Subdivision of the State of Florida, (hereinafter called IRC) and DraftPros, Inc., (hereinafter called CONTRACTOR). IRC and CONTRACTOR, (the Parties) agree as follows: RECITALS WHEREAS, on August 15, 2017, the Parties entered into the Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on October 1, 2017, and allowed for two one-year extensions; and WHEREAS, the First Extension to the Agreement was for one year, beginning on October 1 2018, and expires on September 30, 2019; and WHEREAS, the requirements for an extension have been satisfied and, the Parties desire to execute the Second Extension to the Agreement. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the Parties agree as follows: Article 11 of the agreement is amended to include the following: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 312 The Agreement between the Parties is hereby extended from October 1, 2019 to September 30, 2020. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, IRC and CONTRACTOR have executed this Second Extension this — day of 2019. OWNER: INDIAN RIVER COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney CONTRACTOR: DraftPros, Inc. By: Printed Name: Title: (CORPORATE SEAL) , Witness: Approved: By: Jason E. Brown, County Administrator 313 SECOND EXTENSION TO TELECOMMUNICATIONS SYSTEMS EQUIPMENT, MATERIAL, SUPPLIES, MAINTENANCE, AND INSTALLATION AGREEMENT BETWEEN INDIAN RIVER COUNTY AND GERELCOM, INC. THIS SECOND EXTENSION of the Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation Agreement is entered into by and between Indian River County, a Political Subdivision of the State of Florida, (hereinafter called IRC) and Gerelcom, Inc., (hereinafter called CONTRACTOR). IRC and CONTRACTOR, (the Parties) agree as follows: RECITALS WHEREAS, on August 15, 2017, the Parties entered into the Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on October 1, 2017, and allowed for two one-year extensions; and WHEREAS, the First Extension to the Agreement was for one year, beginning on October 1, 2018, and expires on September 30, 2019; and WHEREAS, the requirements for an extension have been satisfied and, the Parties desire to execute the Second Extension to the Agreement. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the Parties agree as follows: Article 11 of the agreement is amended to include the following: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 314 The Agreement between the Parties is hereby extended from October 1, 2019 to September 30, 2020. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, IRC and CONTRACTOR have executed this Second Extension this _ day of 2019. OWNER: INDIAN RIVER COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney CONTRACTOR: Gerelcom, Inc. By: Printed Name: Title: (CORPORATE SEAL) Witness: Approved: By: Jason E. Brown, County Administrator 315 SECOND EXTENSION TO TELECOMMUNICATIONS SYSTEMS EQUIPMENT, MATERIAL, SUPPLIES, MAINTENANCE, AND INSTALLATION AGREEMENT BETWEEN INDIAN RIVER COUNTY AND UNIVERSAL CABLING SYSTEMS, INC. THIS SECOND EXTENSION of the Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation Agreement is entered into by and between Indian River County, a Political Subdivision of the State of Florida, (hereinafter called IRC) and Universal Cabling Systems, Inc., (hereinafter called CONTRACTOR). IRC and CONTRACTOR, (the Parties) agree as follows: RECITALS WHEREAS, on August 15, 2017, the Parties entered into the Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on October 1, 2017, and allowed for two one-year extensions; and WHEREAS, the First Extension to the Agreement was for one year, beginning on October 1, 2018, and expires on September 30, 2019; and WHEREAS, the requirements for an extension have been satisfied and, the Parties desire to execute the Second Extension to the Agreement. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the Parties agree as follows: Article 11 of the agreement is amended to include the following: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 316 The Agreement between the Parties is hereby extended from October 1, 2019 to September 30, 2020. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, IRC and CONTRACTOR have executed this Second Extension this _ day of 2019. OWNER: INDIAN RIVER COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney CONTRACTOR: United Cabling Systems, Inc. By: Printed Name: Title: (CORPORATE SEAL) Witness: Approved: By: Jason E. Brown, County Administrator 317 Indian River County, Florida Department of Utility Services Board Memorandum Date: August 19, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: West Wabasso Phase 2 Septic to Sewer Cost Share Funding Agreement—Amendment No. 1 Descriptions and Conditions: On July 10, 2018, the Indian River County Board of County Commissioners (BCC) approved the Fiscal Year (FY) 18/19 Cost -Share Agreement between the St. Johns River Water Management District (SJRWMD) and Indian River County, which is scheduled to expire September 30, 2019. On January 15, 2019, the BCC approved the award of the contract to CK Contractors and Development. The notice to proceed was issued February 18, 2019. Analysis/Engineering: Since the issuance of the notice to proceed, Indian River County Department of Utility Services (IRCDUS) staff made numerous attempts to obtain three-phase powerto the proposed lift station. The delay in having power supplied to the proposed lift station delayed the contractor performing startup testing on the lift station. Without a fully functioning lift station, the contractor is unable to connect households. Now that the power has been supplied, the contractor can connect individual households to the centralized sewer system. Because of this delay, staff requested a three-month extension from SJRWMD to complete the project. The extension was granted. Financing/Funding: The above changes to the contract were merely extending the contract time and had no impact on pricing. Therefore, there is no change to the original approved budget. Recommendation: Staff recommends approval of Amendment No. 1 to the Cost -Share Agreement between the St. Johns River Water Management District and Indian River County, and requests the Indian River County Board of County Commissioners authorize the Chairman to execute the same on their behalf. Attachment(s): Amendment 1 to the Cost Share Agreement for West Wabasso Phase 2 Septic to Sewer Project 318 Contract #33228 Amendment # 1 AMENDMENT 1 TO THE COST SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR WEST WABASSO PHASE 2 SEPTIC TO SEWER PROJECT THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), whose mailing address is 4049 Reid Street, Palatka,: Florida 32177-2571, and INDIAN RIVER COUNTY ("Recipient") whose address is 1801 27th Street, Building A. Vero Beach, Florida 32960-3388, and is effective on the date the last party has executed same. PREMISES: The parties entered into Agreement No. 33228 on July 20, 2018 to provide funding for the Recipient's West Wabasso Phase 2 Septic to Sewer project ("Agreement"). The parties desire to amend the Agreement. NOW, THEREFORE, in consideration of the above premises,.which are hereby made a part of this amendment, the mutual covenants contained herein, and other good and valuable consideration, the parties hereby agree to amend the Agreement as follows: 1. Paragraph 1(a) TERM; WITHDRAWAL OF OFFER: delete this paragraph and replace it with the following paragraph: (a) The term of this Agreement is from July 20, 2018 ("Effective Date") through December 31, 2019 ("Completion Date"). Time is of the essence for every aspect of this Agreement, including any time extensions. Any request for an extension of time beyond the Completion Date must be made in writing before October 1, 2019. For projects whose District contribution exceeds $100,000, timely requests to extend the Completion Date more than six months beyond the original Completion date, September 30, 2019, may only be approved by the District's Governing Board. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date, for example, delivery of a final report, will remain in full force and effect after the Completion Date as necessary to affect performance. 2. All other terms and conditions of the Agreement, including any subsequent amendments, are hereby ratified and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this amendment on the date set forth below. ST. JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT By: By:. Dale R. Jenkins, PG, Bureau Chief Bureau of Project Management Date: Date: Attest: -1- Typed Name and Title Typed Name and Title 319 CONSENT AGENDA BCC Meeting 09-10-2019 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: August 20, 2019 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Disposition of Salvaged Holman Stadium Seat Backs BACKGROUND: In January of 2015, County Staff was approached by Historic Dodgertown with a request to purchase used seating for a portion of the lower bowl at Holman Stadium. At the time, Holman Stadium seating was in need of replacement seating in the center lower bowl between 1" and 3rd base. The remainder of the original stadium seats would be cordoned off or discarded. On February 17, 2015, the Board of County Commissioners authorized the purchase of approximately 2,000 used stadium seats from Archer Seating of Pittsgrove, New Jersey. Archer deals in buying and refurbishing stadium seats. Due to Archer's need to clear inventory, County Staff was able to negotiate a price point of $20 per seat. The selected seats were previously extracted from Oriole Park at Camden Yards, home of the Baltimore Orioles. The approved sale allowed the County to purchase only the plastic back and bottom of the seats which significantly reduced freight expenses by eliminating the weight of the ironwork. This plan also eliminated any unforeseen installation issues with respect to the integrity of the concrete which could not withstand tear out and replacement of the required hardware. The acquired seats were installed to the existing hardware already affixed to the original concrete bowl at Holman Stadium. This method avoided several issues with the removal and installation of a complete seating system while significantly reducing the cost of securing interim seating while the future needs of Holman Stadium were evaluated. Given the nominal value of the seats, they did not qualify to be inventoried as a fixed asset of the County. ANALYSIS: Under the recently approved Amended and Restated Facility Lease Agreement, Major League Baseball has now undertaken to renovate Holman Stadium including fortification of the concrete seating bowl and installation of a completely new seating system. MLB has engaged Hussy Seating to complete the Stadium seating project which includes tear out and replacement the Archer seats and the original metal fixtures which fastened the seating sections to the concrete. Given the age and the fragility of the existing fixtures, the decision was made to significantly reduce the cost of tear out by selecting the option not to try and salvage all of the seats. These seats have no practical use without the purchase and installation of new hardware and foundation C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@CCODC913\@BCL@CCODC913.doc 320 flooring which makes repurposing the seats impractically expensive. While the seats hold no resale market value they may hold some display value to some including the sentimental Oriole fan, or Dodgertown Staff etc. Most of the seating removed from the Stadium has been discarded by the tear out process, however; Hussy was asked by MLB Staff if they could gratuitously salvage approximately 380 to 400 of the 2000 Archer seats which may hold some sentimental value to Dodgertown Staff some who have worked at the facility for many years. MLB has asked to retain up to 200 of the remaining seats for display or donation to their staff. Additionally, County Staff has recently been approached by the local Cal Ripken Baseball League Affiliate (Indian River Sport Complex Inc.) to request a small section of seats (up to 50) to be installed at the local Cal Ripken facility known as Jake Owen Field. The remaining seats would be made available to the United Way as a fund raising promotion for the 2020 Jackie Robinson Game. RECOMMENDATION: Staff respectfully requests Board authorization to dispose of the remaining seats extracted from Holman Stadium as follows: Up to 200 of the Archer / Camden Yards Seats to be retained by Major League Baseball. Up to 50 of the Archer / Camden Yards Seats to be retained by Indian River Sports Inc. for installation at Jake Owen Field. Any remaining seats to be transferred to the United Way of Indian River County for fund raising in connection with the annual Jackie Robinson baseball game at Holman Stadium.. All transfers subject to the discretion of the County Attorney in requiring the execution of a hold harmless agreement approved as to form and legal sufficiency. APPROVED AGENDA ITEM FOR SEPTEMBER 10, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@CCODC913\@BCL@CCODC913.doc 321 r 9 Leslie R. Swan Supervisor of Elections Indian River County August 29, 2019 The Honorable Bob'Solari Chairman, Board of County Commissioners Indian River County 180127' Street, .Building A Aero Beach FL 32960 Dear Chairman Solari: Cybersecurity continues to be a serious threat to elections officials. The Florida Department of State is working in conjunction with Supervisors of Elections to provide the necessary tools to help secure ,Florida's elections. On .June 21, 201'9, the Florida Department of State announced that remaining funds from the 20118 Federal .Elections Security Grant were available to Florida counties through a reimbursement grant. In order for Indian River County to receive these funds ('$32,201:00'), the Florida :Department of State required that the security items !be purchased first, and the State would reimburse individual counties upon presentation of receipts. ,AII receipts from Indian ,'River County for the purchase of security -related items have been submitted to the Florida Department of State for reimbursement. I.:am requesting that all .reimbursement 'Fun,ds, totaling :$32,201:00, be .rolled back into the Indian River:Caunty Supervisor of 'Elections 'budget upon receipt of said funds. Most sincerely, Leslie R. Swan Supervisor of Elections Enclosure 322 4375 43' Avenue Vero,BeFL 32967 1 Office: (772) 226-3440 I Fax: MEMORANDUM OF AGREEMENT FOR ELECTIONS SECURITY GRANT UNDER THE.HELP AMERICA VOTE ACT This agreement is between the State of Florida, Department of State, Division of Elections ("Department"), an agency of the .Stat f florida, and 6.6 11LL 5 wcw\ Supervisor of Elections :("Su:b-recipient") for County, Florida. This agreement governs the receipt and use of federal funds as specified herein. Governing Law Pursuant to the Omnibus, Appropriations Act of 2018 enacted on March 23, 2018,$380 million in grants were allocated to States to improve the administration of -elections for Federal office, including to enhance technology and make certain election security improvements. Through a formula described in Sections101 and .1043 of the Help America Vote Act (NAVA) of 2002 (Public Law 107-252), Florida was allocated $19,187;003. The State's .non-federal match requirement for this award is $959,350 (5% of the Federal funds) to be.satisfied over a two-year period. Of the '$19,187,003 distributed to the State of Florida, the Florida Legislative Budget Committee authorized the Department of 'State to distribute among Florida's 67 county Supervisors of Elections (" Sub -recipients" hereinafter) a sum 'total of;fifteen million, four hundred and fifty thousand dollars and no cents ($15,450,000)' in non -,recurring funds. This authorization.is made ,pursuant to section 251 of the Help America:Vote Act of 2002 (NAVA) and :the Catalog of Federal Domestic Assistance {CFDA) 90.401 ("Help America Vote Act;Requirements Payments"). Of the original $15,450,000 allocation, a total of $2,344,003 was either not requested by Sub -recipients orwas returned., with interest, unspent in a prior distribution of grant funds. These junrequested and returned funds remain avai'lab'le to Sub -recipients, pending the submission of this revised grant agreement. fl. Scope of Work, Deliverables, Restrictions A. Scope of Work Funds provided under this agreement. shall be used to reimburse Sub -recipients for the purchase ofgoods:and services which.were used to enhance election security for the 2018 election cycle and/or to continue improvements to election.security. The allowable expenses and the timeline by when requests must be submitted and funds must be spent are described in greater detail in the table in subsection B. The amount that each eligible Sub -recipient may receive for reimbursements for allowable expenses its specific to the amount the countydid not originally request and/or spend. The maximum amount that each sub -recipient's may request is set forth in;Attachment A. Allowable expenses for reimbursements include only ,goods and. services purchased between July 19, 2018 and September 2, 201.9. Attachment A also contains the list of allowable goods and services. Sub -recipient has until 6:00 p.m. EST/5:00 p.m. CST on June 24, 2019 to submit an application for thesefunds Using the DOS Online Grants system as set forth in Paragraph C of this section. Sub -recipient has until 6:00 p.m. EST/5:00 p.m. CST on September 2, 2019 to submit a specific request for reimbursement as set forth in paragraph A of Section III. B. Deliverables, Minimum Levels of Service, and Financial Consequences MOA# 2018 -2019 -004 - Page 1 of 5 323 Deliverables (1 and/or 2) Minimum Level of Service financial Consequences 1. Federal Election No later than 6:00 P.M. If the documentation associated with Administration Activities -The EST/5:00 p.m. CST on the reimbursement request is not purchase of services and/or September 2, 2019, Sub- sufficient, funds may not be released products that do the following: recipient shall submit to the to the. Sub -recipient. • Strengthen the Department a.reimbursement implementation of request for allowable goods and If the reimbursement request'is .not cybersecurity for election services, up to 100% of the received .by 6:00_p.m. EST/5:00 p.m. systems grant agreement. The request CST on September 2, 2019, funds may • Enhance election technology shall include an -itemized list of not be released to the Sub -recipient. • Facilitate cybersecurity- allowable good and services, training for local election along with proof of payment. A Any funds determined not 'to !be officials list of permissible goods and expended in accordance with this • Implement established services can be found within agreement shall be forfeited land cybersecurity best Attachment A. returned to the Department, within 30 practices for election days after the date of written notice. systems Allowable goods and services o Continue election must be purchased between July Any funds not requested for administration activities 19, 2018 and September 2, reimbursement by the Sub -recipient including, but not limited to, 2019. Good and services cannot are subject to forfeiture and revert to voter education, poll worker have been previously purchased the state.. training, and standardizing with funds provided through,a elections results reporting prior Department grant. 2. Voting Systems Assistance - No later than 6:00 p.m. If the documentation associated with The purchase of services and/or EST/5:00 p.m. CST on the reimbursement request is not products that do the following: September 2, 2019, Sub- sufficient, funds may not be released • Upgrade election -related recipient shall submit to the to the Sub -recipient. computer systems to address Department a reimbursement cyber vulnerabilities request for allowable goods and If the reimbursement request is not services, up to 100% of the received by 6:00 p.m, EST/,5-00 p.m. grant agreement. The request CST ion September 2, 2019, funds may shall include an itemized dist of not be released to the :Sub -recipient. allowable good and services, along with proof of payment. A Any funds determined not to be list of permissible goods and . expended in accordance with this services can be found within agreement shall be forfeited and Attachment A. returned to the Department, within 30 days after the date of written notice. Allowable goods and services must be purchased between July Any funds not requested for 19, 2018 and. September 2, reimbursement by the Sub -recipient 20.19., Good and services cannot are subject to.forfeiture and revert to have been previously purchased the state. with funds provided through a prior Department grant. MOA# 2018 -2019 -004 - Page 2 of 5 324 C. Application Process Each eligible Sub -recipient is entitled to request up to the maximum amount shown in Attachment A. Attachment A represents the county's sum of any unrequested funds and/or unspent and returned funds from the 2018 election security grant including any interest the funds may have accrued while in the county's account. In order to be eligible to receive funds, the Sub -recipient shall first submit a complete ,grant application by 6:00 p.m. EST/5:00 p.m. CST June 24, 2019 using the Department of State's Online Grants Program at https://.www.dosgrants.com. The application must contain a general description of how the funds .are to be used to reimburse elections security enhancements. Additionally, as part of the application, the Sub:,recipient must submit the following: 1. A completed ED form GCAS-009 (6188), entitled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions", and attached hereto as Attachment B. [Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, ;prohibits the disbursement of federal funds to the intended recipient of such funds or to any sub -recipient thereunder unless such recipient and each sub - recipient, if any, certify that they are not excluded or disqualified from receiving federal funds by any federal department or agency.] 2. A completed "Certificate of Equipment for Casting and Counting Ballots" (DS -DE .135, Effective 8/16), attached hereto as Attachment C. This is required if the request, in part or in full, is to use HAVA funds for the purpose of purchasing emerging or enhancing software and hardwaretechnology. D. Restrictions Sub -recipient shall not use any funds received hereunder to support lobbying,activities to influence proposed or pending federal or state legislation or appropriations, but this does .not affect the right of the Sub -recipient, or that;of any other organization to petition Congress, or any other level of Government, through the use of other resources. If it is found out that the Sub -recipient expended any funds on expenses that are .not allowable, the Sub -recipient must reimburse immediately the Department the funds not expended for allowable costs, !including any interest that would have been earned. Allowable goods and services must be purchased between July 19, 2018 and September 2, 2019. Good and services cannot have been previously purchased with funds provided through a prior Department grant. M. Payments A, Reimbursement Request In order to receive funds for reimbursement, the Sub -recipient must submit a request no'later than '6:00 p.m. EST/5:00 p.m. CST on September 2, 2019, using the Department of State's Online Grants Program at https://wWw.dosgrants.com. The request for payment must be for reimbursable expenses :related to the purchase of allowable goods and services under this agreement, not to exceed the amount allocable to Sub -recipient. Upon review and approval of the reimbursement request, the Department shall render funds for allowable expenses to the Sub -recipient, up the amount of the grant award. B. Electronic Funds Transfer The Sub -recipient is encouraged to use electronic funds transfer (EFT) to receive payment as an alternative to receipt of payment by warrant. All Sub -recipients wishing to receive funds through electronic funds transfer must submit a Direct Deposit Authorization form 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. MOA# 2018 -2019 -004 - Page 3 of 5 325 V. Monitoring, Audits, and Audit Reporting The administration of resources awarded to the Sub -recipient may be subject to monitoring;audits and reporting requirements, as indicated on Attachment D and Exhibit 1 to Attachment D. A. Other audits The Department may conduct a limited scope audit of federal funds or other financial analysis or review of federal funds as permitted by federal law. In the event the Department determines that a. limited scope audit or, other type of audit of the Sub -recipient is appropriate, the Sub -recipient agrees to comply.with any additional instructions provided by.Department staff to the Sub -recipient regarding such audit. If the Department determines that federal funds received under this Agreement were used for any unauthorized purpose or that the Sub -recipient did not comply with this agreement or state or federal requirements for receipt, expenditure, or accounting, the Sub - recipient must return or repay these federal funds in an amount sufficient to ensure or obtain compliance, including expenses for any corrective or remedial action. The Sub -recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department of State, Chief Financial Officer (CFO) or Auditor General. Additional guidance to state and federal monitoring and auditing requirements may found at httAs //www.eoc.4ov. B. Audit Report Submission Copies of financial reporting packages shall be submitted as described in Part III of .Attachment D. Any reports, management letter, or other information required to be submitted.to the Department pursuant to this agreement shall be submitted timely:with federal requirements, the Florida Statutes, anal%or'Ghapter 10.550 (local governmental entities) of the Rules of the Auditor Generalwhichever is applicable. The correspondence accompanying the financial reportingpackage forwarded to the Department must include the date the Sub -recipient received the reporting package. V. Record Retention The Sub -recipient shall retain accurate and detailed records sufficient to demonstrate .its compliance with the terms of this agreement for five fiscal years from the date an audit report is issued, and shall allow the Department, the Chief Financial Officer or Auditor General access to such records upon request. The Sub- recipient shall allow the Department or its designee, CFO, or Auditor General access to such records, including access to the audit working papers upon request for a period of five fiscal years from date of audit report is issued, unless extended by the Department. MOA# 2018 -2019 -004 - Page 4 of 5 326 Vt. Entirety of the Agreement All terms and conditions of this agreement are fully set forth in this document and its attachments and shall be governed by the laws of the State of Florida regardless of any conflict of laws' provisions. In any proceeding or action brought under this section, the parties agree that the prevailing party will be.entitled to its reasonable attorney's fees from the other party. Theparties agree that proper venue will be in Leon County, Florida. This agreement is effective as of the date it is fully executed. IN WITNESS THEREOF, the parties have'caused this Agreement to be executed bytheir undersigned officials as duly authorized. By County Supervisor of Elections/Sub-recipient By Department of State, Division of Elections Signature Signature J Name and Title Name and Title Maria Matthews, Director, Division 1.:_e-5 li'Z- • 5 of Elections 5u��ryiSoC trE �tei'►oV',J Address tt�--�cJ It3 Address R.A. Gray Building 500 S. Bronough Street, Ste. 31.6, Tallahassee, Florida v2i'o 3?ckckr\_1 t l- 3 t'?��,t'o 32399 County FEID Number t. 59 - (Qvpp(V� Witness�4 Witness A Date 6 fad ;�G Date MOA# 2018 -2019 -004 - Page 5 of 5 327 Attachment A MOA 2018-2019-004 FLORIDA DEPARTMENT OF STATE-DIVISION OF ELECTIONS 2019 Election Security Grant - Reallocation of Unrequested and Returned Funds County Amount - Unrequested 2018 Funds Amount - Returned 2018 Funds Amount - Total Available Funds (Rounded) Alachua $0.67 $1,059.03 $1,059.00 Baker $69.81 $0.00 $69.00 Bay $741.47 $389.73 $1,131.00 Bradford $497.02 $8,201.68 $8,698.00 Brevard $0.81' $87,956.39 $87,957.00 Broward $89.35 $18,410.88 $18,500.00 Calhoun $26.80 $9,263:55 $9,290.00 Charlotte $0.43 $0.00 $0.00 Citrus $9,921.49 $19,906.41 $29,827.00 Clay $26,293.74 $3,026.03 $29,319.00 Collier $0.34 $69,236.51 $69,236.00 Columbia $0.11 $5,142.24 $5,142.00 DeSoto $55,475.56 $11,317.80 $66,793.00 Dixie $24,370.24 $.12,517.19 $36,887.00 Duval $0.46 $2,732.82 $2,733.00 Escambia $353.49 $30,854.68 $31,208.00 Flagler $0.04 $3,863.00 $3,863.00 Franklin $590.89 $749.96 $1,340.00 Gadsden $0.82 $916.73 $917.00 Gilchrist $50,895.76 $79.51 $50,975.00 Glades $1,723.93 $21,546.15 $23,270.00 Gulf $324.23 $13,554.79 $13,879.00 Hamilton $18.12 $5,265.84 $5,283.00 Hardee $32,623.00 $4,683.15 $37,306.00 Hendry $0.77 $228.88 $229.00 Hernando $0.20 $22,825.55 $22,825.00 Highlands $0.39 $162.21 $162.00 Hillsborough $53.73 $25,630.00 $25,683.00 Holmes $0.52 $1,667.73 $1,668.00 Indian River $24,054.54 $8,146.93 $32,201.00 Jackson $2.79 $8,857.50 $8,860.00 Jefferson $2,556.96 $22,896.42 $25,453.00 Lafayette $49.77 $409.03 $458.00 Lake $182.79 $45,913.51 $46,096..00 Lee $0.11. $20,604.08 $20,604.00 Leon $0.22 $2,107.69 $2,107.00 Levy $11.171 $1.09 $12.00 Liberty $0.421 $269.90 $270.00 328 Attachment A MOA 2018-2019-004 FLORIDA DEPARTMENT OF STATE-DIVISION OF ELECTIONS 2019 Election Security Grant - Reallocation of Unrequested and Returned Funds County Amount - Unrequested 2018 Funds Amount - Amount - Returned Total 2018 Available .Funds Fund_ s (Rounded) Madison $706.41 $0.00 $706.00 Manatee $0.03 $138,324.79 $138,324.00 Marion $0.72. $12,140.17 $12,140:00 Martin $837.96 $71,144.33 $71;982:00 Miami-Dade $0.94 $210,976.84 $210,977.00 Monroe $18.63 $0.00 $18.00 Nassau $0.77 $23,219.86 $23,220.00 Okaloosa $0.34 $21,382.18 $211382.00 Okeechobee $3,758.18 $4,021.99 $7,780.00 Orange $357,262.82 $167;575.19 $524,838:00 Osceola $2,506.86. $31,75355 $34,260.00 Palm Beach $.0.26 .$0.00 $0.00 Pasco $0:90 .$79,832:09$79,832.00 Pinellas $1.58 $1,3.22.76 $1,324.00 Polk $0.00 7$26,095.17. $26,095.00 Putnam $0.21 $1,245.18 $1,245.00 Santa Rosa $:5,333.50 $16,128.94 $21,462.00 Sarasota $2,00.0.77 $4,942:02 $6,942.00 Seminole $32.54. $44;84 $77.00 St. Johns _ $41,503.87 $10,093.40 $51,597:00 St. Lucie $0.00 $0.00 $0.00 Sumter $0.69 $16,740.70 $16,741.00 Suwannee $0.94 $0.00 $0:00 Taylor $0.19 $998.75 $998.00 Union $0.57 $0.00 $0.00 Volusia $221,723.53 $95,488.18 $3171211.00 Wakulla $18,876.83. $24,059.64. $42,936.00 Walton $0.22 $0.00 $0.00 Washington $247.431 $10,359.201 $10,606.00 TOTAL $885,750.681 $1,458,284.3612,344,003.00 329 Leslie R. Swan Supervisor of Elections Indian River County August 29, 2019 The Honorable Bob Solari Chairman, Board of County Commissioners Indian River County 180127' Street, Building A Vero Beach FL 32960 Dear Chairman Solari: The Indian River County Supervisor of Elections was recently notified that Trinity Episcopal Church is no longer available to serve as a polling place for precincts 19 and 20, due to the opening of their new preschool. As a result of this change, I am seeking approval to movethese two precincts to Christ Church Vero Beach located at 667 20th Street, Vero Beach. Christ Church Vero Beach is located across the street from Our Savior Lutheran Church which houses precincts .25 & 26; therefore, it is convenient to move voters who previously voted at Our Savior .Lutheran Church over to Christ Church Vero Beach. The goal is to combine two polling locations into one new site. Christ Church Vero Beach offers ample space to accommodate a large number of voters, including plenty of parking and accessibility to voters with disabilities. Upon the Board of County Commissioner's approval, the Supervisor of Elections would like toproceed with relocating both polling places and, per Florida Statute 101.71(2), mailing new voter information cards to all voters residing within the precincts that are being relocated. I respectfully request the Board's approval of the proposed relocation plan. Most sincerely, Leslie R. Swan Supervisor of Elections _226-34.,.4.0.:1 _ Fax: (7-72), INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland M. DeBlois, AICP; Interim Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Scott Rodriguez; Senior Planner, Current Development DATE: August 30, 2019 SUBJECT: Vero Beach Country Club's Request for Major Site Plan and Special Exception Use Approval for a Fitness Center, Pool, Tiki Bar and Snack Bar [SP -SE -19-07-21 / 99060083-84339] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of September 10, 2019. DESCRIPTION & CONDITIONS Carter Associates, Inc., on behalf of Vero Beach County Club, is requesting major site plan and special exception use approval to construct a fitness center, pool, and tiki bar/ snack bar accessory to an existing country club and golf course. The 119.73 -acre overall site is located at 800 30th Street (see Attachment 2). The project is zoned RS -3, Residential Single -Family (up to 3 units/acre), a zoning district which requires special exception use approval for a country club and golf course. Vero Beach Country Club currently owns and operates the existing facility. A portion of the golf course is within the City of Vero Beach. The subject major site plan and special exception application is on file with the Planning Division. The 7.4 -acre project site is located on the north side of 30th Street at its intersection with Country Club Drive. The majority of the proposed improvements are located east and north of the existing clubhouse. The project site is proposed to be developed in two phases. The first phase will include a majority of the development, including the accessory buildings, pool, and parking improvements. The second phase consists of a 3,350 square foot second story addition to the proposed fitness center, plus additional parking. The Board of County Commissioners (BCC) is now to consider the major site plan and special exception use request for the proposed improvements, conduct a public hearing, and approve, approve with conditions, or deny the request. Pursuant to Section 971.05 of the County Land Development Regulations (LDRs), the BCC is to consider the appropriateness of the requested use for the subject site and compatibility of the use with the surrounding area. The BCC may recommend reasonable conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. 331 Planning and Zoning Commission (PZC) Action At its meeting of August 8, 2019, the PZC voted 5-0 to recommend that the BCC grant major site plan and special exception use approval of the proposed fitness center, pool, and tiki bar/ snack bar accessory to the existing country club and golf course, with a staff recommended condition that a landscape buffer be installed prior to issuance of a Certificate of Occupancy (C.O.) (see minutes, Attachment 1). During the August 8 PZC public hearing, commissioners asked staff about compatibility concerns related to the tiki bar and the potential impacts to the residents east of the development area, specifically, how noise and light will be addressed. In response to concerns expressed, staff explained how County regulations and project design address those concerns with setbacks, light shielding, buffering, and screening. In addition, the applicant discussed how operational aspects will be managed to address those concerns including hours of operation, speaker placement, and lighting controls. ANALYSIS 1. Overall Country Club Site: 119.73 acres 2. Size of Development Area: 7.4 acres 3. Zoning Classification: RS -3, Residential Single -Family (up to 3 units/acre) 4. Land Use Designation: L-1, Low -Density Residential -1 (up to 3 units/acre) 5. Building Area: 32,998 square feet (total at build -out) 6. Impervious Area: 146,722 square feet or 3.37 acres (total at build -out) 7. Open Space: Required: 40% Proposed: 55% Note: Within the 7.4 -acre area of development, overall open space is much greater. Phase I Phase lI 8. Off -Street Parking: Required: 190 202 Proposed: 197 202 9. Phasing: The project is proposed to be constructed in two phases, as follows: Phase Fitness Center Area Tike/ Snack Bar Area Pool Area Parking Spaces 1 4,505 SF 2,414 SF 3,136 SF 49 new 2 3,350 SF NA NA 5 new Total Build -out 7,855 SF 2,414 SF 3,136 SF 54 new Note: Most site improvements, including all driveways and stormwater management facilities, will be constructed in Phase 1. Phase 2 includes additional building area for the fitness center, and minor parking improvements. 332 10. Utilities: The project will be served by public water and sewer service provided by the City of Vero Beach Utilities Department. ii. Access and Traffic Circulation: Access to the project site will continue to be provided from 30th Street via the existing one-way in/ one-way out driveways. Parking lot improvements are proposed during Phase 1, and will include a new asphalt drive aisle that is proposed along the eastern portion of the parking area. Additionally, the drive aisle will also provide access to 13 stabilized compact parking spaces. The proposed traffic circulation plan has been reviewed and approved by Traffic Engineering and Fire Prevention. Additionally, a traffic impact study (TIS) was not required by Traffic Engineering as the proposed uses would not generate more than 400 average daily trips. Traffic Engineering determined that no other offsite traffic improvements are required or proposed. 12. Stormwater Management: The project's conceptual stormwater design includes regrading and expansion of an existing lake, required littoral zone plantings, and the relocation of a stormwater connection to the lake. All of the project's stormwater improvements are proposed to be constructed with Phase 1. Public Works has reviewed and approved the project's conceptual stormwater management design. The final stormwater management design will be reviewed and approved by the Public Works Department via the County stormwater permitting process. 13. Environmental: The project site does not contain any special environmental features (e.g. wetlands or vegetated native uplands). Tree and protection mitigation measures have been incorporated into the landscape plan, which includes the relocation of 11 specimen cabbage palms on-site. All nuisance exotic trees will be removed during development. 14. Landscape Plan: A landscape and buffer plan has been reviewed and approved for the subject site. With respect to buffering, the plan includes increased vegetation to the existing Type "C" landscape buffer along the east property line. The Type "C" buffer will be located between the adjacent single-family homes and the proposed uses/ additional grass parking. Additional landscaping will also be provided around the perimeter of the fitness center. The landscape plan also demonstrates non -vehicular area landscaping and littoral zone plantings. 15. Concurrency: Concurrency is not required because the pool and related improvements are accessory to the overall existing country club. 16. Surrounding Land Use and Zoning: North: Single-family homes & golf course / RS -3 East: Single-family homes / RS -3 South: 30th Street, Main Relief Canal/ COVB Zoning West: Single-family homes / RS -3 17. Specific Land Use Criteria: Pursuant to LDR section 971.40(1), the specific criteria related to Country Clubs are addressed as follows: 1. Such facilities may include restaurants with alcoholic beverage licenses; 333 NOTE: The proposed tiki bar and snack bar will serve food and alcoholic beverages, and will be covered under the Country Club's existing license(s). 2. No principal or accessory building shall be located closer than forty-five (45) feet to any street line or closer than one hundred (100) feet to any lot line which abuts a single-family zoning district; however, buildings associated with specific uses, such as golf courses and tennis facilities, may be located as allowed by other specific land use criteria that are applicable to that use. NOTE: All proposed buildings are located more than 45 feet from any street line and 100 feet from any lot line. 3. No off-street parking or loading area shall be located closer than twenty-five (25) feet to any residentially designated property. The minimum setback shall be reduced to fifteen (15) feet when the parking lot is located adjacent to a non-residential use. NOTE: The off-street parking area is more than 25 feet from any residentially designated property. 4. Where such uses involve golf courses, tennis courts, marinas or any other recreational uses for which standards are set forth in section 971.40, the proposed use shall also be subject to such standards and procedures, unless a waiver is granted by the decision making body because the standards are not applicable to the type or intensity of use proposed. NOTE: All applicable criteria for the existing golf course are identified in section 18 of this report. No other special uses (e.g. tennis courts) are proposed with this project. 5. All multipurpose recreational clubs authorized herein shall be located either adjacent to a major thoroughfare or located within a project which is adjacent to a major thoroughfare. NOTE: The club is integrated into the neighborhood with access from 30" Street which connects to both US Highway 1 and Royal Palm Places. In addition, the club property has frontage on Indian River Boulevard. 6. All outdoor lighting shall be adequately shielded in order to prevent refection onto adjacent properties. NOTE: The lighting will be adequately shielded and directed downward. Post installation adjustments may be required (if necessary). 7. A landscaped bufferyard with Type "C" screening, shall be required adjacent to all residentially designated land. a. Where the country club is located adjacent to an existing cemetery, place of worship, child care facility, adult care facility, community center, school, or other non- residential use, buffer requirements for each use may be combined into a single Type "C" buffer located between the country club and adjacent use. Joint landscape buffers shall be located in a landscape easement approved by the county, with the consent of the adjacent property owner. 334 NOTE: A Type "C" Buffer is existing on the east property line adjacent to residential, which will be supplemented with additional landscaping within the existing buffer. 18. Specific Land Use Criteria (Golf Course): Pursuant to LDR section 971.40(3), the specific criteria to the Golf Course are addressed as follows: Golf courses and accessory facilities shall not be interpreted to include freestanding commercial miniature golf courses and/or driving ranges or other unenclosed commercial amusements. NOTE: The proposed project does not include any miniature golf, freestanding driving ranges, or other unenclosed commercial amusements. 2. No major accessory use or principal building or structure shall be located closer than one hundred (100) feet to any lot line which abuts a residentially designated property; however, the one hundred (100) foot setback may be reduced to normal zoning district setbacks if the use of the abutting residentially designated property is non-residential (e.g. institutional, recreation, community services uses) and if a Type 'B" buffer with six (6) foot opaque feature is provided between the building and structures and the abutting residentially designated property. NOTE: All proposed accessory buildings are located more than 100 feet from any property line. 3. Golf courses shall, to the most reasonable extent, retain and preserve native vegetation over at least thirty (30) percent of the total upland area of the course due to their characteristically high water demand and heavy nutrient loads. NOTE: Native vegetation greater than 30 percent of the total upland area has been retained and preserved. No native habitat is being impacted with this project. 4. The go f courses shall be designed so that any lighting is shielded and directed away from residential areas. NOTE: The lighting will be adequately shielded and directed downward. No "golf course" lighting is being proposed. 5. Type 'B" screening shall be provided between golf maintenance facilities and adjacent residentially designated property within two hundred (200) feet of the golf maintenance facility. a. Where the golf maintenance facility is located adjacent to an existing cemetery, place of worship, child care facility, adult care facility, community center, school, or other non-residential use, buffer requirements for each use may be combined into a single Type "C" buffer located between the golf maintenance facility and adjacent use. Joint landscape buffers shall be located in a landscape easement approved by the county, with the consent of the adjacent property owner. NOTE: No new golf maintenance facilities are proposed. Therefore, this criterion does not apply. 335 RECOMMENDATION Staff recommends that the BCC grant major site plan and special exception use approval for the fitness center, pool, and tiki bar/ snack bar accessory to the existing country club and golf course, with a condition that, prior to issuance of a Certificate of Occupancy (C.O.), the Type "C" buffer shall be installed per the project landscape plan. ATTACHMENTS 1. Draft August 8, 2019 P & Z Minutes 2. Location Map 3. Aerial 4. Site Plan 5. Landscape Plan 336 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC): Planning and Zoning Commission (PZC) on Thursday, August 8, 2019 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may view a video of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircqov.com/Boards/PZC/2019. Present were members: Chairman Mr. Todd Brognano, Member -at -Large, Vice Chairman Dr. Jonathan Day, District 4 Appointee; Mr. Alan .Polackwich Sr., District 2 Appointee; Mr. Chip Landers, District 3 Appointee; and Mr.. Jordan Stewart, Member -at -Large. Mr. Patrick Grail, District 1 Appointee; Ms. Angela Waldrop, District 5 Appointee; and, Ms. Teri Barenborg, non-voting School Board Liaison, were absent. Also, present were IRC staff: Mr. Roland DeBlois, Interim Community Development Director; Mr. John McCoy, Chief of Current Development; Mr. Scott Rodriguez, Senior Planner of Current Development; and Ms. Lisa Carlson, Recording Secretary. Call to Order and Pledge of Allegiance Chairman Mr. Todd Brognano called the meeting to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda There were none Approval of Minutes ON MOTION BY Dr. Jonathan Day, SECONDED BY Mr. Chip Landers, the members voted unanimously (5-0) to approve the minutes of the July 11, 2019 meeting as presented. Public Hearing Chairman Mr. Todd Brognano read the following into the record: A. Vero Beach Country Club: Request for major site plan and special exception use approval for a fitness center. swimming pool, tiki bar and 337 snack bar. Located at 800 30th Street. Vero Beach Country Club,, Owner. Carter Associates, Inc., Agent. Zoning: RS -3 (Residential Single -Family up to three units per acre. Land Use Designation: L-1, (Low Density Residential -1 up to three units per acre). (SP -SE -19-07- 21 / 99060083-84339) [Quasi-Judiciall Chairman Mr. Todd Brognano asked the Commissioners to reveal any ex- rte communication with the applicant or any conflict that would not allow them make an unbiased decision. The members stated that they had not had any -parte communication. Mr. Scott Rodriguez, Senior Planner of Current Development, reviewed information regarding the request for major site plan and special exception use approval and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission recommend that the BCC grant major site plan and special e� xception approval with the conditions stated in the staff report. �Mr. Scott Rodriguez, along with Mr. John McCoy, Chief of Curren Development and Mr. Roland DeBlois, Interim Community Development Director answered questions from the Commissioners reqardinq the proposed proiect.F_ The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter and Chairman Mr. Todd Brognano opened the public hearinq. Representing Carter Associates, Inc., engineer Mr. George Simons rovided further clarification on the proiect. Chairman Mr. Todd Brognano closed the public hearing. ON MOTION BY Mr. Jordan Stewart, SECONDED BY Mr.FlAIanFlPolackwich,nthenmembersnvoted unanimously (5-0) to accept staff recommendations on this Quasi -Judicial matter. Commissioner's Matters There were none. Planning Matters 338 Mr. Roland DeBlois stated that it was unlikely that there would be a meeting on August 22nd. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 7:19 p.m. 339 M 04 M CA P4 M � iroa� ��av�vaaNarviNone ii ;w W UA GOLF VIEW DSR.AL y -- .� is �►s _r': �"� �r' ' cou r -�. r. 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JO -1) Treasure..+Coast Newspapers PART OF.TH.E USA 30pAY NECWOk Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION .INDIAN RIVER COUNTY PLANNING 180127 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, Vicky Felty, who on oath says that she is a legal clerk of the Indian River Press Journal; a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. August 25, 2019 Subscribed and sworn to before on September 6, 2019: VYI- r.r c l.'CX' �—.-1 Notary, State of WI, County of Brown TARA MONDLOCH Notary Public: Stats of Wisconsin My commission expires: August 6. 2021 Publication Cost: $189.00 Ad No: GC10250237 Customer No: 334192 PO#. Inl NOTICE OF PUBLIC HEARING - SPECIAL EXCEPTION USE This is notice of a public hearing of the Board of County Commissioners to consider recommending special exception use and major site plan approval for the construction of a 7,855 square foot fitness center, 3,136 square foot pool and 2,414 square foot tiki bar/ snack bar within the Vero Beach Country Club located at 800 30th Street. Please see the attached location map. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1801 27th Street, Vero Beach, Florida on Tuesday, September 10, 2019 at 9:00 a.m. Please direct planning-related questions to the Current Development Planning Section at 772-226-1003. All documents pertaining to this request are on file in the Indian River County Planning Division, located at 1801 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate in the public hearing. Anyone who may wish to appeal any decision, which may be made at this meeting, will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 772-226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Indian River County Board of County Commissioners By: -s- Bob Solari, Chairman RS-31 x RS-3 1 RS-3 ,� � — RS-3 Subject Site { f i18A8 acrea `-'---- to RS-3 RS-3 Vev1opwm Atv4 RS-3 7 1-,cc i RS-3 1 i 3011 Street TR-GC10250237-01 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION ADDRESS: Anthony W. "Tony" Young PHONE: 321-2692 SUBJECT MATTER FOR DISCUSSION: Bridge to Veterans Memorial Island Sanctuary IS A DIGITAL/ELECTRONIC'PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION YES IX I NO F-1 YES Fx NO WHAT RESOLUTION ARE YOU Share in cost of Renovation and Repair of Bridge REQUESTING OF THE COMMISSION? P g ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? X❑ YES F 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: August 13, 2019 FACounty Admin\ExecAsst\AGENDA\Public Discussion Items Form.doc 344 Preserve the Spirit of Their Service R The Ones That Didn't Make It Back Home 1817-2018 Fellsmere Taylor Neal Hill s eb astian Futch. Waters Tyson Orchid Irvin Tevv Sheffield Winter Bea Oslo POppell Law Hamilton ton an Kemp Helseth Wabasso Hurst Broxton Loudermilk Gifford Templeton Scott. .Hayward Barnwell VeroRive 'c�uu�i1Helseth :' Total Veterans Walk is Our Bridge! A �q 314 2 1c) -C, I � INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Roland DeBlois, AICP; Interim Community Development Director FROM: Bill Schutt, AICP; Chief, Long Range Planning DATE: August 12, 2019 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of September 10, 2019. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: September 17, 2019 County Initiated Request to Amend (Update) the Text of the Capital Improvements Element of the County's. Comprehensive Plan to Modify Certain Concurrency Management Requirements and to Update the Transportation Element to Modify Certain Transportation Level of Service Standards, and to Remove and Replace Outdated Text, Data, and Maps. [Legislative] RECOMMENDATION: The referenced public hearing item is provided for the Board's information. No action is needed at this time. 345 1-0-Co2. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator . THROUGH: Roland M. DeBlois, AICP; Interim Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: August 20, 2019 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 10, 2019. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: . September 17, 2019: 1. Edisson Vasquez's Request for Abandonment of a 5' Wide Portion of a 70' Right -of -Way for 24th Street, Adjacent to Lot 1, Block 5 of the Heathland Subdivision [ROWA-18-12-05 / 2018070145-82708] (Quasi -Judicial) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 346 A41 �El? C Office of the z INDIAN RIVER COUNT' LORI'D ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: September 3, 2019 SUBJECT: Hurricane Dorian Recap Provided for the Board of County Commissioners information is a recap of events related to Hurricane Dorian, and the current status of recovery operations. 347 1, A# Office of Attorney's Matters 09/10/2019 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners ATTORNEY THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: September 4, 2019 SUBJECT: Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements from Paul and Rennie Thompson — 7125 66th Avenue Paul and Rennie Thompson (Thompsons) own a 1.09 acre parcel of property on the west side of 66th Avenue just north of 71St Street which is depicted on the aerial photo attached to this memorandum as Exhibit "A". The Parcel is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary. This site is improved with a two bedroom, two bath 1,453 square foot single family residence. The Thompsons have owned and resided on the Parcel since 2005 and the Parcel has been in the Thompson family since 1954. Construction plans for this section of 66th Avenue call for the County to acquire 0.63 acres of right-of-way from the Thompsons consisting of a 170' by 156' wide strip along the length of the eastern border of the property. A sketch and legal description of the right-of-way are attached to this memo as Exhibit "B". The total property needed is ± 58% of the Parcel, leaving a remainder. of 0.46 acres. As can be seen on Exhibit "B", the entire Thompson home is within the area of take. A settlement conference was held on March 18, 2019, with Mr. and Mrs. Thompson, their attorney Brent Simon, Rich Szpyrka, Monique Filipiak, and the Deputy County Attorney in attendance. At the conference, the Thompsons expressed their desire to remain on the remainder property and inquired about acquiring the County owned lots adjacent to the south and north of the Parcel. The Thompsons plan on building a new home utilizing the adjacent County owned lots. The adjacent property to the south was obtained in 2009 from Thomas O'Neal for $255,000. The former O'Neal property was improved with a small home that was demolished after it was purchased by the County. The O'Neal property depicted on the sketch and legal 348 Thompson memo to BCC September 4, 2019 Page 12 description attached to this memorandum as Exhibit "C", is a 0.26 acre parcel that is 90 feet wide and approximately 123 feet long, after the right-of-way needed for 66th Avenue is deducted. The adjacent property to the north was purchased in 2006 from Justo Hernandez for $338,000. The northern property also contained a small house that was demolished after the property was purchased. After lessing out the property needed for 66th Avenue right-of-way, the Hernandez remainder parcel is 0.35 acres in size as depicted on the sketch and legal description attached to this memorandum as Exhibit "D". The end result is the Thompsons keeping their 0.46 acre remainder and when combined with the O'Neal remainder of 0.26 acres and the Hernandez remainder of 0.35 acres a new parcel of 1.07 acres is created. The County's initial appraisal of the Parcel was performed by Armfield & Wagner and they assigned a value of $150,000 for the entire property. Due to the fact that the entire house is within the area of take, no partial offer was made. The appraiser retained by the Thompsons valued the property at $470,000 for a partial take. After further discussion, the parties reached an agreement where the County would convey the 0.26 acre O'Neal parcel and the 0.35 acre Hernandez parcel to the Thompsons and the sum of $275,000 for the needed 0.63 acre right-of-way Parcel. The conditions of the sale are as follows: 1. The Thompsons would have 12 months of extended possession at $1.00 a month in their current home in order to give them sufficient time to complete the new residence to the west. The lease is subject to one 30 day extension if the new house is not completed. 2. At the time of construction of 66th Avenue, the County or its contractor will construct a 14' wide driveway at the parcel in compliance with County code at the Thompson's desired location. These conditions were approved by Community Development and Public Works, The Thompsons sought appraisal, engineering and land planning fees in the amount of $13,610.00 and attorney's fees pursuant to the eminent domain statute of 33% of the benefit gained for the client ($275,000 — 150,000 = $125,000 x 0.33 = $41,250), making the total cost to purchase $329,860. In the interest of settlement, Mr. Simon agreed to waive any right to attorney's fees associated with the non -monetary benefits obtained as a result of acquiring the adjacent property and the conditions of the sale listed above. By purchasing the property in advance of filing a lawsuit, staff is attempting to save on expert witness fees that would have been incurred by both parties. Pursuant to state statutes, the County is responsible for paying reasonable expert witness fees incurred by both parties. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed and mediation is held. The County has achieved significant savings in this case by not having to hire our trial witnesses (appraiser, 349 Thompson memo to BCC September 4, 2019 Page 13 engineer, arborist, residential general contractor and land planner), outside counsel and compromises on attorney's fees and expert costs. At the conclusion of the settlement conference, the parties entered into a hand written agreement which was used as the basis for the Agreement to Purchase and Sell, attached as Exhibit "E". FUNDING: Funding for this acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave -65th Street -85th Street- Acct #10215141-066120-16009. STAFF RECOMMENDATION: Staff recommends the Board approve conveying the O'Neal and the Hernandez property to the Thompsons, approve the agreement to purchase the 0.63 acre Thompson property for $275,000 with the stated conditions, approve costs incurred by the Thompsons of $13,610 and. approve the settlement of attorney's fees of $41,250 and authorize the Chairman to execute a lease for the property for one year at $1.00 per month with one 30 -day. extension. Attachments: Exhibit "A" Aerial Photo of Thompson Parcel Exhibit "B" sketch and Photo of the right-of-way Exhibit "C" sketch and description of the O'Neal. property Exhibit "D" sketch and description of the Hernandez property Exhibit "E" Agreement to Purchase and Sell Copies to: Brent Simon, Esq. 350 50 0 50 100 GRAPHIC SCALE (i IN — e0 PELT ) 66th AVENUE OWNER; PAUL EDWARD THOMPSON JR. 0 � z 712566TH AVENUE z CD 0 i PID - �z N C (7-D CAPD O 0. R. B. 880, PG. 2221 o 0 ,�, C M O rn C� o� o CO o 0 G N C C Cz CD -� - f o -=n 0 C 66th AVENUE OWNER; PAUL EDWARD THOMPSON JR. 0 0- -=7125 712566TH AVENUE z 0 i PID - ecu 32,390 0001 009000004. 0. R. B. 880, PG. 2221 o 0 ,�, C M � C, z o� o CD G � ck FT] - - f o -=n C C) z - C O 66th AVENUE Stretch and L egal Description for" INDIAN RIVER COUNTY LEGAL DESCRIPTION Being the West 123.46 feet of the following described Parcel to wit: The South 90 feet of the South 355 feet of the East 10 acres of Tract 0, Section 6, Township 32 South, Range 39 East, Less the West 46.0 feet thereof, according to the Last General Plat of the INDIAN RIVER FARMS COMPANY SUBDIVISION, filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25; said land now lying and being in Indian River County; Florida. Containing 0.26 acres, more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by Indian River County Public Works Department, Survey Section, Job No. 1505, Dated May 23, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County); Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations C. R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS = RANGE WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P. B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE L =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. DATE OF SIGNATURE AGENCY: SND/AN RIVER COUNTY, FL PUNIC WORKS DEPT./ENGINCER/NG DIV.. UHIt: UKAWN tST: 5/07/19 R. /NGLETT SCALE: APPROVED BY: NIA ASCHRYVER SHEET: JOB N0: 1 OF 2 1505 DAVID W. SCHRYVER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 Sl( -0 and Legal Description fol:" INDIAN RIVER C04WTY X71 /5 66t17 A VENUE C 0 Stretch and L egat Description for /ND/AN RI VER COUNTY NORTH LINE OF THE SOUTHEAST 1/4 SECTION 6, 1 TOWNSHIP 32 SOUTH, RANGE 39 EAST _ cg -1c 33 —� NORTH UNE OF THE SOUTH 355 OF EAST 10 ACRES TRACT 9 I i LESS WEST 46 _ WEST 123.46'- (O.R.B. PG. 842)42) 11 112 SQ. FT. / o' (0.26 ACRES±)/°'! NOT TO SCALE NORTH LINE OF TRACT 9 a Lo ii C z m 0 m m 0 z 0 0) CD v 810 n mZ -1O �0D nyC 0zz Ztnm v &M31 Nzz;u Ln > zo m I I 20' I Ima cn C-4 C Ism m0 m n 0m ZN c O� I N Gl N I i INDIAN;RIVER FARMS COMPANY TRACT 9 0) (PBS 2, PGE 25) I HI UI QI �I i W' HE' U QI I O� I F- I v): a wl I �I O' I rn QU Lo I I MI W� 00 of W W m0 ' Q ' WyN�p l3^ I � LESS WEST 46 _ WEST 123.46'- (O.R.B. PG. 842)42) 11 112 SQ. FT. / o' (0.26 ACRES±)/°'! NOT TO SCALE NORTH LINE OF TRACT 9 a Lo ii C z m 0 m m 0 z 0 0) CD v 810 n mZ -1O �0D nyC 0zz Ztnm v &M31 Nzz;u Ln > zo m I I 20' I Ima cn C-4 C Ism m0 m n 0m ZN c O� I N Gl N ALitNUT: IN, 01A R/VERCOUNTY.9 FL PURL/C WORKS DEPT./ENG/NEER/NG D/V Stretch and L eggat Description DATE: DRAWN BY: fol,., 5/07/19 R. /NGLETT SCALE: APPROVED BY: INDIAN RIVER C04WTY N/A D. SCHMMER SHEET: 2 of 2 OB NO: 1505 (7119 Mth A VENUE) 30' I 70' ---------------- 32-39-06-00001-0090-00005.0 D INDIAN RIVER COUNTY SITE ADDRESS: 7115 66th AVENUE N O.R.B. 2343, PG. 842 O C SOUTH LINE OF TRACT 9 30 70' Legend and Abbreviations C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT.= SQUARE FEET L = LENGTH OF ARC R =RANGE LLC = LIMITED LIABILITY COMPANY RNV = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK PGE =PAGE ALitNUT: IN, 01A R/VERCOUNTY.9 FL PURL/C WORKS DEPT./ENG/NEER/NG D/V Stretch and L eggat Description DATE: DRAWN BY: fol,., 5/07/19 R. /NGLETT SCALE: APPROVED BY: INDIAN RIVER C04WTY N/A D. SCHMMER SHEET: 2 of 2 OB NO: 1505 (7119 Mth A VENUE) Sketch and L ega/Description for. /NDIANR/VER COUNTY LEGAL DESCRIPTION Being the West 169.46 feet of the following described Parcel to wit: The North 90 feet of the South 355 feet of the East 10 acres of Tract 9, Section 6, Township 32 South, Range 39 East, INDIAN RIVER FARMS COMPANY SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at Page(s) 25, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. Containing 0.35 acres, more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Surrey prepared by Indian River County Public Works Department, Survey Section, Job No. 1505, Dated May 23, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. AGENCY: INMAN RIVER COUNTY, FL PURL/C WORKS DEPT./ENG/NEER/NG DIV. DATE: 5/07/19 SCALE: N/A SHEET: 1 OF 2 DRAWN BY: 753 R. /NGLETT Sketch and L ega/ Description fol -7 /ND/AN RIVER C04WTY (7135 66117 A VENUE) Certification Legend and Abbreviations C.R. = COUNTY ROAD (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL I.R.F.W.C.D. = INDIAN RIVER FARMS RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) WATER CONTROL DISTRICT L = LENGTH OF ARC I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY LLC = LIMITED LIABILITY COMPANY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID O.R.B. = OFFICIAL RECORD BOOK SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND (P) = PLAT BELIEF. P.B. = PLAT BOOK PGE = PAGE I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF PBS = PLAT BOOK ST. LUCIE SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, A =DELTA ANGLE PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. SQ. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY DATE OF SIGNATURE DAVID W. SCHRYVER T = TOWNSHIP PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 AGENCY: INMAN RIVER COUNTY, FL PURL/C WORKS DEPT./ENG/NEER/NG DIV. DATE: 5/07/19 SCALE: N/A SHEET: 1 OF 2 DRAWN BY: 753 R. /NGLETT Sketch and L ega/ Description fol -7 /ND/AN RIVER C04WTY (7135 66117 A VENUE) Stretch and L eqa/ Description for.- INDIAN RIVER COUNTY NORTH LINE OF THE SOUTHEAST 1/4 SECTION 6, TOWNSHIP 32 SOUTH RANGE 39 EAST NORTH UNE OF TRACT 9 rn u I INDIAN RIVER FARMS COMPANY -24 I s -O TRACT 9 D ' >0� ZD (PBS 2, PGE 25) WEST 169.46' , :1� 15,252 SQ. (0.35 ACRES±); �O O:V) Z,i , i o � i u <ool Ie , w DSS z o M F 70W: i W a N cn wlr� �O la o DOi IY w i Z F < F= V. o In I i i i I � i ma I vrn M A -i 0z x zm 1m 6-0 00 P.M!;j n In N Z m C 1 Z„ o�j AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND PAUL EDWARD THOMPSON, JR. AND RENNIE SUE THOMPSON THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2019, by and between Indian River County, a political subdivision of the State of Florida ("County"), and Paul Edward Thompson, Jr. and Rennie Sue Thompson ("Seller") who agree as follows: WHEREAS, Seller owns property located at 7125 66th Avenue, Vero Beach, FL, Vero Beach, Florida. A legal description and aerial photo of the property are attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 27,443 square feet or 0.63 acres of property as depicted on Exhibit "B", and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property being more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 27,443 square feet or 0.63 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $275,000.00 (Two Hundred Seventy Five Thousand 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners 357 at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 2.2 Unimproved Parcels. The County will convey two remainder parcels to the Sellers: a 0.26 acre parcel located immediately south of 7125 66th Avenue, Vero Beach, FL as depicted in Exhibit "C" attached and included by reference herein; and a 0.35 acre parcel of property located immediately north of 7125 66th Avenue Exhibit "D" attached and included by reference herein. In addition, the County will construct a 14' wide concrete driveway from 66th Ave to the remainder of Parcel 115, suitable to service a residential dwelling. 2.3 Costs and Fees. The County shall pay expert witness costs to Brent Simon Law Group in the amount of $13,610.00, and attorney fees of $41,250.00 on the Closing Date. Any claims for attorneys' fees for special benefits are waived by Brent Simon Law Group. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject. matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 2 358 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 3 359 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via `overnight' courier service or facsimile transmission, as follows: 4 360 If to Seller: Paul Edward Thompson, Jr. and Rennie Sue Thompson 7125 66th Avenue Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 9.10 Lease -Back: The County shall execute and deliver to Seller a lease of the Property at the closing as the Property contains substantially all of the Sellers existing residence. In order to provide time for the Sellers to construct a new home on the remainder property, the term of the lease shall begin the day of the closing and end one year later. If the 361 Sellers new home has not received its certificate of occupancy during the one-year lease term, the lease may be extended for an additional 30 days. The lease payment shall be one dollar ($1.00) per month. The County has the right to inspect after the initial one year lease period and does not have to renew the lease. The terms of the lease shall be governed by a separate lease agreement. 9.11 "Seller acknowledges receipt of the "Notice to Owner" and understands his/her rights granted under Florida Law Chapters 73 and 74." Initials Initials IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman Paul Edward Thompson, Jr. Date Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller . Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney Rennie Sue Thompson Date 362 EXHIBIT "A" T� � ao vy h� 3 5'F r ori 7y, !o 4 5 C, F-/X,4a?' ,ct Gni L 47 V1 �oa?�.cl a-f%� :3 2 �ae�'r�j ��! i�r y� 3� �9 � .F �Co •e1��csS i`o 7f/a: �•��7 � G',c�ti?.� .aF �'•u� Cri�cYr C'o.e'� nF � r. G�� �' oNJ'Y. �b �ir��,�aurai 7p✓oCRS,-lb,2c o2 .C.� , i�l�L'EL /!v x# �6-3Z-y-oo0oo/ co�'i o INT��4N �i►��%A '.4I5 �i�lPil�cl7' r ib�l/r3�es.c� PSS l2 S 3S r-7 o S a-!5 P7 orE41*' /o i¢ aP 7`Q Ac -1 % /.f/E7iA.c� lQii�.L ouRIT/ ,Go2% t7A Commonly known as: 7125 66th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-06-00001-0090-00004.0 7 363 14-C, 1 w September 10, 2019 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 30, 2019 SUBJECT: Discussion on county support for maintenance and repairs on the bridge to Memorial Island FROM: Joseph E. Flescher Commissioner, District 2 Discussion Item:. I'd like to have an open discussion on county support (shared costs) for maintenance and repairs on the bridge to Memorial Island. 364 14 Q September 10, 2019 Item No. 14.13. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 19, 2019 SUBJECT: Releasing a Demolition Lien FROM: Peter D. O'Bryan Commissioner, District 4 I respectfully request a discussion and support to consider waiving interest and penalty charges on a demolition lien for property located at 4855 34th Ave (Nicole Knowles) owner. 365 This document was prepared by: Office of Indian River County Attorney 1801 27th Street Vero Beach, FL 32960 772-226-1425 RELEASE OF LIEN FOR AND IN CONSIDERATION of certain sums paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereby releases and the below described property from that certain Lien for removal of nuisance structures recorded in Book , Page as well as that certain Certificate of Building Official, recorded in Book Page , of the Public Records of Indian River County, Florida: [insert legal description] Parcel No. EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, this day of , 2019. BOARD OF COUNTY OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Bob Solari, Chairman BCC approved: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2019 by Bob Solari, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC printed name: Commission No.: Commission Expiration: Approved as to form and legal sufficiency: Dylan Reingold County Attorney 366 v R BCC AGENDA COMMISSIONERS MATTERS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners SUBJECT: Commissioners Open Dialogue At the request of the Board of County Commissioners, an Open Dialogue section will be added to the agenda on a monthly basis. This section will be an opportunity for Commissioners to provide updates and/or reports on progress, meetings, or activities related to topics of interest to the Commission and Public. This is for the purpose of sharing information only; action will not be taken by the Board on matters discussed under Commissioners Open Dialogue section. 367 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 30, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Twelfth Amendment to Republic Services Descriptions and Conditions: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement with Republic Services of Florida, Limited Partnership (Republic Services). The agreement is for the operation and maintenance of the county's Class 1 landfill as well as non -Class 1 landfill services. Per a contract extension by the SWDD Board on February 21, 2017, the agreement is valid through December 31, 2024. Republic Services has provided a Hurricane Preparedness Plan (Plan) for the 2019 Hurricane Season to allow a seamless disposal of storm debris at the landfill and the Customer Convenience Centers (CCCs) with the least amount of effect on the residents of Indian River County. Due to Hurricane Dorian, the Plan was activated based on the Declaration of the State of Emergency by the Governor of Florida for the State of Florida on August 28, 2019, and also based on a State of Emergency for Indian River County declared by the County Administrator on August 30, 2019. The County Administrator signed the Twelfth Amendment to Republic Services per his authority under Resolution 2019-58 and is hereby requesting the SWDD Board to ratify the amendment and authorize the Chairman to sign. Analysis: Staff and Republic Services have been developing a Hurricane Preparedness Plan for the 2019 Hurricane Season. The following is a summary of services and costs: Landfill Operations and Maintenance — It is expected that there will be a significant volume increase for disposal into the Indian River County Landfill as a result of the post storm cleanup activities. Republic Services has acknowledged that the current tipping fee of $13.49 per ton (valid thru December 31, 2019) is sufficient to cover the additional operational and maintenance costs for the landfill utilizing existing equipment. The amendment does include SWDD providing reimbursement for mobilization and rental of equipment that is currently not part of routine operations. The amendment also allows for reimbursement to cover additional costs associated with extra materials for road maintenance as well as costs for pumping excessive leachate. ks Customer Convenience Centers — A provision is included in the amendment to allow for extending the days/hours of operations of the CCCs at a cost of $41.99 per hour per person. This rate only applies for labor hours that are outside of the normal operating hours, i.e., opening a center when it is normally closed or extending the hours of operations. Republic Services will. utilize all of their current resources for the cleanup; however, there is a provision for Republic Services to utilize third - party services to expedite the cleanup. The reimbursement for CCC operations pre- or post -storm are based on the cost for hauling additional volume from the CCCs to the IRC landfill. This rate is set at $17 per cubic yard; however, there is language in the plan to allow rate negotiations if market conditions are impacted by the storm event. Conceptual Closure Plan: Based on lessons from previous storm events, staff and Republic Services have developed a conceptual closure plan as follows: PRE -STORM TIME FRAME ACTION NOTES Upon All Clear for Close Oslo & Fellsmere CCC Between 48 to 72 Inspect Landfill & CCCs for Redeploy staff at these CCCs to other CCCs while Roads while keeping Winter Beach, hours out Open Landfill, Oslo and cleaning out these CCCs for post -storm opening. Between 12 to 24 Roseland and Gifford CCCs open Continue to suspend Residential Recycling; however, Between 24 to 48 Suspend all Residential Garbage All residents advised of anticipated landfill closure. hours out and Recycle Collection Haulers to make final dump for post -storm cleanup. Between 12 to 24 All CCCs and Landfill Closed to Notify residents and haulers. Landfill to begin hours out the Public shutdown and preparation for post -storm cleanup. POST -STORM TIME FRAME ACTION NOTES Upon All Clear for Travel on County Inspect Landfill & CCCs for Reopen Landfill as soon as possible Roads damage assessment Open Landfill, Oslo and Between 12 to 24 Fellsmere CCC while cleaning up Continue to suspend Residential Recycling; however, hours Winter Beach, Roseland and restart Residential Garbage Collection Gifford CCCs Between 24 to 72 Reopen Winter Beach, Roseland hours and Gifford CCCs Resume Residential Recycling, if possible The above is subject to change depending on the severity of the storm event. 369 Tentative Hurricane Dorian Closure Plan: Date Landfill Oslo and Fellsmere CCCs Gifford, Roseland and Winter Beach CCCs Thursday, August 29, 2019 Open Closed Open Friday, August 30, 2019 Open . Open Open Saturday, August 31,.2019 Open Closed Open Sunday, September 1, 2019 Closed Closed Closed Monday, September 2, 2019 Closed Closed . Closed Tuesday, September 3, 2019 Assess Site & Reopen As Soon As Possible Assess Site & Reopen As Soon As Possible Closed Wednesday, September 4, 2019 Open Open Open Thursday, September 5, 2019 Open Open Open Friday, September 6, 2019 Open Open Open Funding: Funding for the SWDD non -Class 1 landfill services is budgeted and available in the SWDD recycling account, which is funded from SWDD assessments and user fees. A special account will be set up to track any specific hurricane expenses. Description Account Number Amount Recycling - Contractual Services 41125534-033490-19028 Hurricane Expenses -To Be Determined Recommendation: Solid Waste Disposal District staff recommends that its Board ratify the Twelfth Amendment to Republic Services signed by the County Administrator per his authority under Resolution 2019-58 to provide additional services for the non -Class 1 landfill services in response to Hurricane. Dorian and for any future potential hurricanes, and authorize the Chairman to execute the same, as presented. Attachment: 1) Twelfth Amendment to Republic Services 370 TWELFTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS TWELFTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Twelfth Amendment") is entered into as of the day of August, 2019 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27h Street, Vero Beach, Florida (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eight Amendment to Contract Agreement, dated December 15, 2016; the Ninth Amendment and Extension to Contract Agreement, dated February 21, 2017; the Tenth Amendment to Contract Agreement, dated September 12, 2017; and the Eleventh Amendment to Contract Agreement, dated September 18, 2018 (the "Contract") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County Landfill and the customer convenience centers not included above and as required by SWDD; and WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 371 2. The existing Article 1 — SCOPE OF WORK of the Contract is modified to strike the current Hurricane Preparedness Plan language and replace with the following language: Hurricane Preparedness Plan: Republic Services has provided a Hurricane Preparedness Plan for the 2019 Hurricane Season and is included as an attachment to this amendment. This plan is intended to allow for the seamless disposal of storm debris at the landfill and at the Customer Convenience Centers with the least amount of effect on the residents of Indian River County. Upon declaration of a state of emergency and as duly authorized by the County Administrator, Republic Services shall provide and be compensated for additional services as outlined in the plan. 3. Ratification. Except as specifically provided in this Twelfth Amendment, all other provisions of the Contract shall remain in full force and effect. [signature page follows] 372