HomeMy WebLinkAbout11/12/2019BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, NOVEMBER 12, 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
2.11. INVOCATION
Jeff Smith, Clerk of the Circuit Court and Comptroller
3. PLEDGE OF ALLEGIANCE
Dylan Reingold
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
6. APPROVAL OF MINUTES
6.A. Special Call Meeting of July 23, 2019
Attachments: 07/23/2019 Special CalL Draft
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING
BOARD ACTION
7.A. Proclamation Honoring Penelope V. Hurley on Her Retirement From Indian River
County Board of County. Commissioners Department of General Services Library
Services Division with Sixteen Years of Service
Attachments: Proclamation
November 12, 2019 Page 1 of 5
7.B. Notice of Extension to Contract for Construction of Required Roadway
Improvements (Re:. Right -Of -Way Permit No. 2018010704) - 90th Avenue
Roadway Improvements
Attachments: Informational Report
8. CONSENT AGENDA
8.A. Checks and Electronic Payments. October 25, 2019 to October 31, 2019
Attachments: Finance Department Staff Report
8.B. TD Bank Banking Services Agreement Renewal
Attachments: TD Banking Contract Renewal
8.C. Approval of Second Extension and Hourly Rate Increase for Day Labor Services
Provided by People Ready of Florida - Bid 2018035
Attachments: Staff Report
Day Labor Second Extension -People Ready
Request Letter- People Ready
8.D. Award of Bid No: 2019074, North County Regional Park Aquatic Facility Roof
Replacement (IRC -1826)
Attachments: Staff Report
Sample Agreement
8.E. Waiver of Requirement for Bids to Procure Jones' Pier Conservation Area.
Saltmarsh Open Screw Pump
Attachments: Staff Report
Lakeside Screw Pump Quotation
8.F. Donation of Property Appraiser's Safe to Indian River County Historical Society
Attachments: Staff Report
8.G. Approval of Text to/from 911 Contract
Attachments: Staff Report
Quote Inbound -Outbound Textto911
8.H. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT) for a Public Transportation Block Grant
Attachments: Staff Report
Resolution
Grant Agreement
Budget Form
November 12, 2019 Page 2 of 5
8.I. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT) for a Section 5311 Grant
Attachments: Staff Report
Resolution
Grant Agreement
Budget Form
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9.A. Indian River County Clerk of the Circuit Court and Comptroller Jeffrey R. Smith
Annual. Fiscal Report for the Year Ended September 30, 2019
Attachments: Clerk Correspondence
Clerk Annual Report
9.B. Indian River County Supervisor of Elections Leslie. Rossway Swan Annual Fiscal
Report for the Year Ended September 30, 2019 '
Attachments: Supervisor of Elections Correspondence
Supervisor of Elections Annual Report
9.C. Indian River County Sheriff Deryl Loar Annual Fiscal Report for the Year Ended
September 30, 2019
Attachments: IRCSO Correspondence
IRCSO Annual Report
9.D. Indian River County Sheriff Deryl Loar Regarding State Criminal Alien Assistance
Program (SCAAP) Funding
Attachments: Correspondence from Sheriff Loar re SCAAP
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
C. General Services
1. Human Services
2. Sandridge Golf Club
November 12, 2019 Page 3 of 5
3. Recreation
D. Human Resources
E. Office of Management and Budget
F. Public Works
12.F.1. Stormdrain Awareness: An Educational Art Project .
Attachments: Staff Report
G. Utilities Services
13. COUNTY ATTORNEY MATTERS
B.A. Premier Citrus, LLC Purchase and Sale Agreement
Attachments: Staff Report
Proposed Purchase and Sale Agreement
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
B. Commissioner Susan Adams, Vice Chairman
C. Commissioner Joseph E. Flescher
D. Commissioner Peter D. O'Brvan
E. Commissioner Tim Zorc
14.E.1. Requesting Census of Current IRC Parks and Recreation Equipment
Attachments: Commissioner's Memorandum
Commissioners Open Dialogue
14.F. Commissioners Open Dialogue
Attachments: Commissioners Open Dialogue
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
15.B.1. Approval of Minutes Special Call Meeting July 23, 2019
Attachments: 07232019SWDDSpecialCall_Draft
15.13.2. Final Pay for Twelfth Amendment to Republic Services for Hurricane Dorian
Services
Attachments: Staff Report
November 12, 2019 Page 4 of 5
15.B.3. Interlocal Agreement between the Solid Waste Disposal District and St. Lucie
County for Recycling Services
Attachments: Staff Report,
Interlocal Agreement with St Lucie County
15.B.4. Award of Bid 2020004 - Concrete Crushing and Site Work at IRC Landfill
Attachments: Staff Report
Draft Agreement
Letter of Protest from BMI
Response to BMI Protest
C. Environmental Control Board
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the. Board shall
provide an opportunity for public comment prior to the undertaking by the Board of any . action on the agenda,
including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which
the Board is to take action which was either not on the Board agenda or distributed to the public prior to the
commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal
will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at.the Indian River County Website at www.iregov.com The full agenda is
also available for review in the Board of County Commission Office, the Indian River County Main Library,
and the North County Library.
Commission Meetings are broadcast live on Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p. m.
November 12, 2019 Page 5 of 5
Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Meeting Minutes - Draft
Tuesday, July 23, 2019
9:00 AM
Special Call Meeting
Commission Chambers
Board of Countv Commissioners
Bob Solari, Chairman, District 5
Susan Adams, Vice Chairman, District 1
Joseph E. Flescher, District 2
Peter D. O'Bryan, District 4
Tim Zorc, District 3
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Randi Wardlow, Deputy Clerk
1
Board of County Commissioners Meeting Minutes - Draft July 23, 2019
1. CALL TO ORDER
Present: 5 - Chairman Bob Solari
Vice Chairman Susan Adams
Commissioner Joseph Flescher
Commissioner Peter O'Bryan
Commissioner Tim Zorc
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS
2.B. INVOCATION
Commissioner Susan Adams
3. PLEDGE OFALLEGIANCE
Dylan Reingold
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Added: Item 6.A.1. Preliminary FY 19/20 SWDD Assessment - Mandatory
Garbage Collection
A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams,
to approve the Agenda as amended. The motion carried by the following vote:
Aye: 5- Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
5. DEPARTMENTAL MATTERS
A. Community Development
5.A.1. 19-0619 Harmony Reserve, LLC's Request for Final Plat Approval for Harmony
Reserve PD Phase 3 [PD -14-10-12 / 97080101-84222]
Recommended action: Based on staffs analysis, staff recommends that the Board of County
Commissioners grant final plat approval for Harmony Reserve PD Phase 3
Attachments: Staff Report
Location Map
Plat Layout
John McCoy, Chief of Current Development, appeared before the Board to
verify that all items needed for final plat approval had been received, and that
he would be available for questions.
Commissioner O'Bryan asked and received answers from Mr. McCoy regarding
the community's new entrance planned for construction from 37th Street.
Indian River County Florida P2ge 1
Board of County Commissioners Meeting Minutes - Draft July 23, 2019
Joseph Paladin, Black Swan Consulting, spoke in support of the construction of
Harmony Reserve and complimented the Board for their willingness to work
with businesses in the community.
A motion was made by Commissioner Flescher, seconded by Commissioner
Zorc, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
6. SPECIAL DISTRICTS AND BOARDS
6.A. Solid Waste Disposal District
6.A.1. 19-0686 Preliminary FY 19/20 SWDD Assessment - Mandatory Garbage Collection
Recommended Action: Staff recommends that its Board vote to approve the proposed Solid Waste
Residential Charge of $107.44 per WGU, which equates to a rate of $171.90
per ERU rate for the unincorporated areas of the County within the Urban
Service Area, and to approve the proposed Solid Waste Residential Charge of
$75.56 per WGU, which equates to a rate of $120.90 per ERU for properties
outside the urban service area.
Attachments: Staff Report
Director of Utility Services, Vincent Burke, appeared before the Board
requesting direction on the Solid Waste Charge/Assessment that was voted on at
the July 17, 2019 Budget Workshop Fiscal Year 2019/2020. Director Burke
recounted that the Solid Waste Disposal District (SWDD) Board had voted to
approve a proposed charge for mandatory garbage service for all residents in
unincorporated Indian River County.
Since that meeting, it was determined that it would be practical to apply the
approved proposed charge to only those residents within the boundaries of
Waste Management's Urban Service Area. Staff was seeking approval to move
forward with an increased rate of $171.90 per ERU for residents within the
service area, and an unchanged rate of $120.90 per ERU for residents outside of
the service area boundary.
Commissioner O'Bryan requested clarification on the July 17th vote, which he
recalled as differing from staffs recommendation. Discussion ensued among
the Board. and staff regarding the rationale for having two different service
rates. Himanshu Mehta, Managing Director of SWDD, confirmed that the
in -boundary rate was an estimate based on .provisions of the existing service
contract. A rate for residents outside of the service area could not yet be
estimated, so those residents would not see any change to their SWDD
assessment. ,
Indian River County Florida Ige 2
Board of County Commissioners Meeting Minutes - Draft July 23, 2019
Commissioner O'Bryan clarified that the $171.90 rate included only six (6)
months of garbage collection, starting April 1, 2020, and would only apply to
residents within the provider's Urban Service Area. He restated his concerns
with contaminated recycling as the driver for the move to mandatory garbage
collection.
Chairman Solari sought to reassure residents who were currently contracted for
garbage collection that they would pay less for service once final negotiations
were completed.
A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, to
approve staffs recommendation. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
7. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 9:21 A.M.
Indian River County Florida P4ge 3
7A
PROCLAMATION
HONORING PENELOPE V.. HURLEY ON HER RETIREMENT
FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF GENERAL
SERVICES/INDIAN RIVER COUNTY LIBRARY
WHEREAS, Penelope V. Hurley retires from the Indian River County Department of General
Services, North Indian River County Library effective November 21, 2019; and
WHEREAS, Penelope began her career with Indian River County serving as a library volunteer from
2001 through 2003, on January 13, 2003 she was offered a position as a Part -Time Library Associate
I in the Circulation Department; and
WHEREAS, Penelope was promoted to a Full -Time Library Associate I in the Circulation
Department on March 8, 2006 where she continued to serve the public with unprecedented genuine
care and compassion; and
WHEREAS, during that time, Penelope assumed responsibility for recruiting, scheduling, and
training upwards of 75 regular library volunteers, coordinated annual honorary luncheons, created
countless seasonal displays, and thus developed innumerable positive relationships due to her
remarkable rapport with staff and community; and
WHEREAS, Penelope has gained the respect and admiration of her colleagues, co-workers,
community leaders, organizations, and agencies within the County and throughout the state.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds
Penelope V. Hurley's efforts on behalf of the County, and the Board wishes to express their
appreciation for the dedicated service she has given to Indian River County for the last sixteen years;
and
BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend
heartfelt wishes for success in her future endeavors!
Adopted this 12�' day of November 2019.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
k
AGENDA: 11/12/2019
INFORMATIONAL ITEM
AV R Ofce of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: William K. DeBraal — Deputy County Attorney
DATE: November 5, 2019
SUBJECT: Notice of Extension to Contract for Construction of Required Roadway
Improvements (Re: Right -Of -Way Permit No. 2018010704) — 9011 Avenue
Roadway Improvements
By Resolution No. 2019-089 adopted on October 1, 2019, the Board of County
Commissioners delegated to the County Administrator or his designee, the authority to
execute extensions to Contracts for Construction of Required Roadway Improvements
for work to be performed under Section 312.11 of the Code of Indian River County, so
long as the approval signature of the Public Works Director appeared on the extension
document and that notice of such extension is presented as an informational item on a
future agenda of the Board of County Commissioners.
For your information, an extension document has been entered into between Hugh
Corrigan III, Family Limited Partnership, LLLP and J. Pat Corrigan Family Limited
Partnership, LLLP (as owners), Stewart Materials, LLC (as operator) and Indian River
County, whereby the date for completion of the roadway improvements to 90th Avenue
has been extended to November 5, 2020. Additionally, the supporting security
consisting of a Seacoast National Bank Irrevocable Letter of Credit No. 2018-12 in the
amount of $439,507.86 has been amended to extend the expiration date to February 5,
2022. (The letter of credit runs an additional 15 months beyond the extended completion
date to provide for the 1 -year warranty after construction has been completed.)
nhm
6
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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: October 31, 2019
coMPt
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SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
October 25, 2019 to October 31, 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 October 25, 2019 to October 31, 2019.
7
CHECKS WRITTEN
TRANS NBR
DATE
VENDOR
AMOUNT
388512
10/29/2019
PAUL CARONE
4,241.00
388513
10/29/2019
WILLIE C REAGAN
2,313.00
388514
10/29/2019
LARRY STALEY
593.00
388515
10/29/2019
VERO CLUB PARTNERS LTD
3,963.00
388516
10/29/2019
DAVID SPARKS
1,407.00
388517
10/29/2019
THE PALMS AT VERO BEACH
2,211.00
388518
10/29/2019
JOHN OLIVIERA
856.00
388519
10/29/2019
ARTHUR PRUETT
756.00
388520
10/29/2019
MICHAEL JAHOLKOWSKI
547.00
388521
10/29/2019
STEVEN RENNICK
661.00
388522
10/29/2019
LUCY B HENDRICKS
807.00
388523
10/29/2019
ROBERT L BRACKETT
780.00
388524
10/29/2019
SUNCOAST REALTY & RENTAL MGMT LLC
641.00
388525
10/29/2019
SYLVESTER MC INTOSH
365.00
388526
10/29/2019
PAULA WHIDDON
553.00
388527
10/29/2019
JAMES W DAVIS
433.00
388528
10/29/2019
MISS INC OF THE TREASURE COAST
2,680.00
388529
10/29/2019
DANIEL CORY MARTIN
2,419.00
388530
10/29/2019
SHADOWBROOK AT VERO
563.00
388531
10/29/2019
PAULA ROGERS & ASSOCIATES INC
660.00
388532
10/29/2019
FIVE STAR PROPERTY HOLDING LLC
830.00
388533
10/29/2019
E EDWARD VAANDERING
625.00
388534
10/29/2019
VALAPTSLLC
818.00
388535
10/29/2019
AUGUSTUS B FORT JR
641.00
388536
10/29/2019
VERO BEACH PLACE LLC
2,133.00
388537
10/29/2019
GNS REAL ESTATE HOLDINGS LLC
1,135.00
388538
10/29/2019
COALITION FOR ATTAINABLE HOMES INC
1,803.00
388539
10/29/2019
HELPING HANDS REAL ESTATE & INVESTMENT CO
4,729.00
388540
10/29/2019
ALIX DENEAU
750.00
388541
10/29/2019
MCLAUGHLIN PROPERTIES LLC
639.00
388542
10/29/2019
NKW PIP HOLDINGS I LLC
2,868.00
388543
10/29/2019
MAXIPLEX LLC
2,979.00
388544
10/29/2019
RANDY BETHEL
751.00
388545
10/29/2019
WATSON REALTY GROUP
758.00
388546
10/29/2019
KARL POKRANDT
747.00
388547
10/29/2019
BRANDON ROUER
1,325.00
388548
10/29/2019
HUDSON CONSULTING & MANAGEMENT LLC
552.00
388549
10/29/2019
PALMETTO PROPERTY MANAGEMENT CORP
935.00
388550
10/29/2019
HAMID SILMANE
750.00
388551
10/29/2019
PAMELA CHAVEZ
744.00
388552
10/29/2019
PHILIPPE ALEXANDER
700.00
388553
10/29/2019
STANLEY L JENNINGS
795.00
388554
10/29/2019
STANLEY L JENNINGS
750.00
388555
10/29/2019
SHARON P BRENNAN
556.00
388556
10/29/2019
JANINA M GIORGIO
885.00
388557
10/29/2019
CORNELIA H LAHEY
1,126.00
388558
10/29/2019
IXORIA LLC
711.00
388559
10/29/2019
CARLINGTON A GOFFE
703.00
388560
10/29/2019
DEEP REAL ESTATE INC
487.00
388561
10/29/2019
SHAUNA WALGRAVE
950.00
388562
10/29/2019
ORCHARD GROVE VENTURE LLC
2,757.00
388563
10/29/2019
INDIAN RIVER COUNTY HEALTH DEPT
59,762.91
388564
10/29/2019
VICTIM ASSISTANCE PROGRAM
6,018.16
388565
10/29/2019
ROGER J NICOSIA
1,500.00
388566
10/29/2019
CITY OF VERO BEACH
2,208.00
388567
10/29/2019
CITY OF VERO BEACH
11,675.00
388568
10/29/2019
ST LUCIE COUNTY BOCC
37,658.83
388569
10/31/2019
PORT CONSOLIDATED INC
1,246.48
TRANS NBR
DATE
VENDOR
AMOUNT
388570
10/31/2019
COLKITT SHEET METAL & A/C INC
3,500.00
388571
10/31/2019
SSES INC
5,306.36
388572
10/31/2019
RANGER CONSTRUCTION IND INC
1,224.04
388573
10/31/2019
VERO CHEMICAL DISTRIBUTORS INC
400.20
388574
10/31/2019
RICOH USA INC
162.98
388575
10/31/2019
RICOH USA INC
140.84
388576
10/31/2019
SAFETY PRODUCTS INC
1,708.00
388577
10/31/2019
AT&T WIRELESS
1,881.51
388578
10/31/2019
DATA FLOW SYSTEMS INC
2,420.98
388579
10/31/2019
GRAINGER
830.16
388580
10/31/2019
HACH CO
2,478.00
388581
10/31/2019
VERO INDUSTRIAL SUPPLY INC
39.30
388582
10/31/2019
DIVE RESCUE INC
2,243.99
388583
10/31/2019
CITY ELECTRIC SUPPLY COMPANY
20.05
388584
10/31/2019
BAKER & TAYLOR INC
2,443.45
388585
10/31/2019
MIDWEST TAPE LLC
2,679.47
388586
10/31/2019
NORTHERN SAFETY CO INC
182.58
388587
10/31/2019
HUDSON PUMP & EQUIPMENT
26,850.00
388588
10/31/2019
K & M ELECTRIC SUPPLY
45.50
388589
10/31/2019
VERO COLLISION CENTER
1,143.75
388590
10/31/2019
GO COASTAL INC
83.70
388591
10/31/2019
PC WEATHER PRODUCTS INC
1,980.00
388592
10/31/2019
CITY OF VERO BEACH
1,080.00
388593
10/31/2019
CITY OF VERO BEACH
1,086.42
388594
10/31/2019
LIVINGSTON PAGE
120.00
388595
10/31/2019
JANITORIAL DEPOT OF AMERICA INC
856.84
388596
10/31/2019
WAL MART STORES EAST LP
105.64
388597
10/31/2019
FLORIDA DEPT OF AGRICULTURE AND
13,821.36
388598
10/31/2019
ROGER CLEVELAND GOLF INC
1,210.74
388599
10/31/2019
ACUSHNET COMPANY
881.27
388600
10/31/2019
INTERNATIONAL GOLF MAINTENANCE INC
90,792.88
388601
10/31/2019
FEDERAL EXPRESS CORP
100.02,
388602
10/31/2019
CITY OF SEBASTIAN
25,194.15
388603
10/31/2019
CALLAWAY GOLF SALES COMPANY
1,840.65
388604
10/31/2019
FLORIDA RECREATION & PARK ASSOC INC
160.00
388605
10/31/2019
FLORIDA POWER AND LIGHT
87,011.87
388606
10/31/2019
FLORIDA POWER AND LIGHT
20,771.60
388607
10/31/2019
VNA HEALTH SERVICES
500.00
388608
10/31/2019
GIFFORD YOUTH ACHIEVEMENT CENTER INC
8,508.16
388609
10/31/2019
BRENDA MOSLEY
36.00
388610
10/31/2019
CITY OF FELLSMERE
306.30
388611
10/31/2019
GLOBAL GOLF SALES INC
157.07
388612
10/31/2019
NATIONAL ASSOC OF CONSERVATION
775.00
388613
10/31/2019
HENRY SMITH
60.00
388614
10/31/2019
ALAN C KAUFFMANN
240.00
388615
10/31/2019
INDIAN RIVER COUNTY HISTORICAL
4,077.82
388616
10/31/2019
RONALD PRICE
2,375.50
388617
10/31/2019
CHILDRENS HOME SOCIETY OF FL
3,997.86
388618
10/31/2019
CHILDRENS HOME SOCIETY OF FL
6,802.67
388619
10/31/2019
MASTER METER INC
4,750.00
388620
10/31/2019
INTERNATIONAL CODE COUNCIL INC
378.50
388621
10/31/2019
FAE4-HA
140.00
388622
10/31/2019
SHRIEVE CHEMICAL CO
4,020.47
388623
10/31/2019
ECONOLITE CONTROL PRODUCTS INC
830.00
388624
10/31/2019
ITERIS INC
4,050.00
388625
10/31/2019
TRANE US INC
886.00
388626
10/31/2019
VAN WAL INC
350.00
388627
10/31/2019
ELECTRONIC ACCESS SPECIALIST
432.36
388628
10/31/2019
COLLISONS AUTOMOTIVE INC
300.00
388629
10/31/2019
JOSEPH W VASQUEZ
120.00
9
TRANS NBR
DATE
VENDOR
AMOUNT
388630
10/31/2019
FLORIDA RURAL LEGAL SERVICES INC
1,798.66
388631
10/31/2019
CENTRAL PUMP & SUPPLY INC
67.54
388632
10/31/2019
JOHNNY B SMITH
280.00
388633
10/31/2019
EARLY LEARNING COALITION OF INDIAN RIVER
400.00
388634
10/31/2019
DANE MACDONALD
96.00
388635
10/31/2019
GLOBALSTAR USA
192.93
388636
10/31/2019
CHARLES A WALKER
160.00
388637
10/31/2019
FISHER & PHILLIPS LLP
140.00
388638
10/31/2019
MADESSIA FLOWERS
90.00
388639
10/31/2019
DANA SAFETY SUPPLY INC
293.00
388640
10/31/2019
WINSUPPLY OF VERO BEACH
329.97
388641
10/31/2019
HMA-SOLANTIC JOINT VENTURE LLC
260.00
388642
10/31/2019
SANDY ARACENA
120.00
388643
10/31/2019
LARIAT ENTERPRISES INC
241.39
388644
10/31/2019
BACKFLOW SOLUTIONS INC
495.00
388645
10/31/2019
SEMS TECHNOLOGIES LLC
8,500.00
388646
10/31/2019
CLEAR VILLAGE INC
32,062.00
388647
10/31/2019
JOSHUA HARVEY GHIZ
2,244.20
388648
10/31/2019
NEXBELT LLC
497.43
388649
10/31/2019
REPROGRAPHIC SOLUTIONS INC
13.50
388650
10/31/2019
LOWES HOME CENTERS INC
56.02
388651
10/31/2019
ALEX MIKLO
140.00
388652
10/31/2019
BURNETT LIME CO INC
9,496.20
388653
10/31/2019
CARMEN LEWIS
138.50
388654
10/31/2019
SCADA SOLUTIONS LLC
900.00
388655
10/31/2019
MB ENTERPRISES ROOFING & SHEETMETAL INC
5,139.94
388656
10/31/2019
STACYHAZELL
55.00
388657
10/31/2019
MORRELL MANUFACTURING INC
4,455.00
388658
10/31/2019
ANFIELD CONSULTING GROUP INC
10,000.00
388659
10/31/2019
CATHEDRAL CORPORATION
498.50
388660
10/31/2019
MILNER SPORTS LLC
1,024.75
388661
10/31/2019
UNIFIRST CORPORATION
2,268.89
388662
10/31/2019
CDA SOLUTIONS INC
11,298.94
388663
10/31/2019
ADVANCE STORES COMPANY INCORPORATED
24.09
388664
10/31/2019
RUSSELL L OWEN 111
160.00
388665
10/31/2019
EDWARD ILLIDGE
280.00
388666
10/31/2019
BLACK CLOVER ENTERPRISES LLC
956.65
388667
10/31/2019
ROBERT O RICHARDSON 111
200.00
388668
10/31/2019
UNITED AGAINST POVERTY INC
10,453.00
388669
10/31/2019
BLX GROUP LLC
3,750.00
388670
10/31/2019
COLE AUTO SUPPLY INC
537.55
388671
10/31/2019
BETH NOLAN
55.00
388672
10/31/2019
ALLAN D KELLERMAN
13,270.00
388673
10/31/2019
SECURITAS ELECTRONIC SECURITY INC
350.00
388674
10/31/2019
THOMAS R PILIERO
10.00
388675
10/31/2019
STUART RUBBER STAMP & SIGN CO INC
16.00
388676
10/31/2019
VEOLIA WATER TECHNOLOGIES INC
29,404.50
388677
10/31/2019
CORE & MAIN LP
20,340.48
388678
10/31/2019
WOERNER AGRIBUSINESS LLC
1,260.00
388679
10/31/2019
DIGICERT INC
995.00
388680
10/31/2019
CHANGE HEALTHCARE LLC
38,246.41
388681
10/31/2019
STANTEC CONSULTING SERVICES INC
1,999.97
388682
10/31/2019
TETRA TECH INC
696.06
388683
10/31/2019
EMPIRE PIPE ORLANDO LLC
150,759.00
388684
10/31/2019
PARABEL USA INC
68,333.33
388685
10/31/2019
RAMONA MURPHY
32.50
388686
10/31/2019
CIMPRESS USA INCORPORATED
385.90
388687
10/31/2019
AMAZON CAPITAL SERVICES INC
1,632.49
388688
10/31/2019
VERONIQUE ORY STURIALE
30.00
388689
10/31/2019
PIRATE PEST CONTROL LLC
89.00
10
TRANS NBR DATE VENDOR AMOUNT
388690 10/31/2019 WILLIE MOSLEY 36.00
388691 10/31/2019 LOUIS AGUDELO 136.00
388692 10/31/2019 JOHN J DRISCOLL 340.00
388693 10/31/2019 FL PUBLIC EMPLOYER LABOR RELATIONS ASSOCIATI 225.00
388694 10/31/2019 JORDAN POWER EQUIPMENT CORP 2,267.35
388695 10/31/2019 JAMES ROMANEK 120.00
388696 10/31/2019 DEANGELO BROTHERS LLC 629.00
388697 10/31/2019 DERECK R PRINCE 340.00
388698 10/31/2019 JUDITH A BURLEY 53.00
388699 10/31/2019 ALL PAVING INC 1,759.05
388700 10/31/2019 KRISTIN BARTELSON 75.00
388701 10/31/2019 SUSAN BAYE 25.00
388702 10/31/2019 JOSEPH F BREAULT 50.00
388703 10/31/2019 LINDSEY GARDENS 302.00
388704 10/31/2019 KENNETH FASS JR 72.00
388705 10/31/2019 JENNIFER D JAMES 156.00
388706 10/31/2019 PIERCE BENDER 316.00
388707 10/31/2019 PGL TRUCKING INC 4,866.52
388708 10/31/2019 ORCHARD GROVE VENTURE LLC 235.00
388709 10/31/2019 STAPLES INC 81.96
388710 10/31/2019 LOWES COMPANIES INC 3,231.96
388711 10/31/2019 PEOPLEREADY INC 823.04
388712 10/31/2019 GOMEZ BROTHERS ENTERPRISES INC 486.00
388713 10/31/2019 BETHLEHEM TEMPLE INC 150.00
388714 10/31/2019 IBM SOUTHEAST EMPLOYEE CREDIT UNION 200.00
388715 10/31/2019 GEORGIA KING LLC 1,600.00
388716 10/31/2019 BRITTANY CIANFROCCO 75.00
388717 10/31/2019 SCOTT MCADAM 219.00
388718 10/31/2019 JOSE GUANCH 186.00
388719 10/31/2019 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00
388720 10/31/2019 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00
388721 10/31/2019 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00
388722 10/31/2019 GRAHAM CLAYBURN 276.00
388723 10/31/2019 DENIS LOPEZ ALBA 123.84
388724 10/31/2019 PORT CONSOLIDATED INC 2,607.30
388725 10/31/2019 TEN-8 FIRE EQUIPMENT INC 92.37
388726 10/31/2019 RICOH USA INC 38.86
388727 10/31/2019 XEROX CORP SUPPLIES 5.71
388728 10/31/2019 ST JOHNS RIVER WATER MGMT DISTRICT 16,503.28
388729 10/31/2019 NEW HORIZONS OF THE TREASURE COAST 25,880.37
388730 10/31/2019 ST LUCIE COUNTY BOCC 3,096.30
388731 10/31/2019 TRANE US INC 7,046.00
388732 10/31/2019 U S BANK NATIONAL ASSOCIATION 944.69
388733 10/31/2019 MASTELLER&MOLER INC 2,850.00
388734 10/31/2019 STAPLES CONTRACT&COMMERCIAL INC 1,016.50
388735 10/31/2019 WHITSITT,LINDSEY 55.00
388736 10/31/2019 NICOLACE MARKETING INC 8,830.50
388737 10/31/2019 LOWES HOME CENTERS INC 88.03
388738 10/31/2019 W&G MAINTENANCE 410.00
388739 10/31/2019 SAMBA HOLDINGS INC 1,368.02
388740 10/31/2019 REI ENGINEERS INC 1,910.00
388741 10/31/2019 PEOPLE READY INC 308.64
388742 10/31/2019 VEOLIA WATER TECHNOLOGIES INC 49,648.79
388743 10/31/2019 STANTEC CONSULTING SERVICES INC 12,285.53
388744 10/31/2019 MISS B'S LEARNING BEES INC 683.85
388745 10/31/2019 WASTEQUIP LLC 13,930.00
388746 10/31/2019 JENNIFER D JAMES 36.00
388747 10/31/2019 DESK SPINCO INC 2,419.55
388748 10/31/2019 MELVIN PICKERILL 250.00
Grand Total: 1,141,273.69
11
ELECTRONIC PAYMENT - VISA CARD
TRANS.NBR DATE VENDOR AMOUNT
1015759 10/25/2019 COPYCO INC 49.64
1015760 10/25/2019 NORTH SOUTH SUPPLY INC 263.86
1015761 10/25/2019 MIKES GARAGE&WRECKER SERVICE INC 375.00
1015762 10/25/2019 IRRIGATION CONSULTANTS UNLIMITED INC 410.00
1015763 10/25/2019 SOUTHERN COMPUTER WAREHOUSE INC 2,117.94
1015764 10/25/2019 THYSSENKRUPP ELEVATOR CORPORATION 504.00
1015765 10/25/2019 PRIDE ENTERPRISES 39.00
1015766 10/25/2019 METRO FIRE PROTECTION SERVICES INC 1,133.25
1015767 10/25/2019 L&L DISTRIBUTORS 1,607.22
1015768 10/25/2019 STAT MEDICAL DISPOSAL INC 650.00
1015769 10/25/2019 NEXAIR LLC 337.58
1015770 10/25/2019 PACE ANALYTICAL SERVICES LLC 8,657.00
1015771 10/25/2019 TOSHIBA AMERICA BUISNESS SOLUTIONS INC 149.90
1015772 10/29/2019 AT&T 1,321.89
1015773 10/29/2019 OFFICE DEPOT INC 2,446.52
1015774 10/29/2019 WASTE MANAGEMENT INC 85.80
1015775 10/30/2019 APPLE INDUSTRIAL SUPPLY CO 113.68
1015776 10/30/2019 CENTER POINT INC 1,639.44
1015777 10/30/2019 ALLIED UNIVERSAL CORP 9,853.93
1015778 10/30/2019 IRRIGATION CONSULTANTS UNLIMITED INC 181.91
1015779 10/30/2019 FIRST HOSPITAL LABORATORIES INC 483.75
1015780 10/30/2019 APPLE MACHINE&SUPPLY CO 118.64
1015781 10/30/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 93.50
1015782 10/30/2019 HYDRA SERVICE(S)INC 14,981.42
1015783 10/30/2019 WRIGHT FASTENER COMPANY LLC 180.00
1015784 10/30/2019 GUARDIAN ALARM OF FLORIDA LLC 90.00
1015785 10/30/2019 AT&T 58.68
1015786 10/30/2019 WASTE MANAGEMENT INC 85.80
1015787 10/30/2019 COMCAST 263.96
1015788 10/31/2019 COPYCO INC 76.37
1015789 10/31/2019 COLD AIR DISTRIBUTORS WAREHOUSE 63.63
1015790 10/31/2019 MIKES GARAGE&WRECKER SERVICE INC 620.00
1015791 10/31/2019 SOUTHERN COMPUTER WAREHOUSE INC 95.20
1015792 10/31/2019 COMO OIL COMPANY OF FLORIDA 229.46
1015793 10/31/2019 AUTO PARTNERS LLC 155.29
1015794 10/31/2019 NEXAIR LLC 14.26
1015795 10/31/2019 EFE INC 1,496.01
Grand Total: 51,043.53
12
ELECTRONIC PAYMENTS - WIRE & ACH
TRANS NBR DATE VENDOR AMOUNT
7195 10/28/2019 ATLANTIC COASTAL LAND TITLE CO LLC 331,794.40
7196 10/29/2019 IRC CHAMBER OF COMMERCE 54,027.00
7197 10/29/2019 IRC CHAMBER OF COMMERCE 8,731.35
7198 10/30/2019 WEST HEALTH ADVOCATE SOLUTIONS INC 1,476.75
7199 10/30/2019 WEST HEALTH ADVOCATE SOLUTIONS INC 1,942.35
7200 10/30/2019 HIGHMARK STOP LOSS 7,529.49
7201 10/31/2019 MUTUAL OF OMAHA 7,379.66
Grand Total: 412,881.00
13
(1b
JEFFREY R. SMITH CPA CGFO CGMA & °Mpr.0`
Clerk of Circuit Court&Comptroller �0°� " c'` (,�
P.O.Box 1028 ""
Vero Beach,FL 32961-1028 o � o
Telephone:(772)770-5185 "R ^�ouNj�F
TO: Board of County Commissioners
FROM: Elissa Nagy, Finance Director
THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller
DATE: November 1, 2019
SUBJECT: TD Bank Banking Services Agreement Renewal
On October 18, 2016, the Board awarded the banking services for the Board of County
Commissioners to TD Bank and entered into an agreement with TD Bank on November 15,
2016. That agreement covered the time frame January 1, 2017 through December 31, 2019 and
included the option for two additional two-year renewal terms. Staff is satisfied with TD Bank's
services and requests to exercise the first of the two-year renewal options to extend the
agreement through December 31, 2021.
Recommendation:
Staff recommends the Board to approve the attached documents and authorize the Chairman to
execute them.
14
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
RENEWAL OF CASH MANAGEMENT MASTER AGREEMENT
FOR BANKING SERVICES
This Renewal extending the Cash Management Agreement for Banking Services (Agreement) is
made and entered into this 12th day of November, 2019 by and between the Indian River County
Board of County Commissioners, Indian River County, Florida, a county government existing
under the laws of the State of Florida, hereinafter referred to as the "County", whose mailing
address is 1801 27th Street, Vero Beach, Florida and TD Bank,N.A., authorized to do business in
the State of Florida, whose mailing address is 2130 Centrepark West, West Palm Beach, Florida,
33404.
WHEREAS, the County entered into an Agreement with TD Bank, N.A. on November
15, 2016, to provide banking services for a period of three years with an option for a two-year
renewal, and
WHEREAS, the County and TD Bank,N.A. desire to extend the Agreement's expiration
date from December 31, 2019 to December 31, 2021.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
County and TD Bank,N.A. agree as follows:
SECTION 1. The Cash Management Agreement for Banking Services is hereby extended
for two additional years and will expire on December 31, 2021 unless otherwise extended or
terminated under the terms of the Agreement.
SECTION 2. In all other respects, the terms of the Agreement shall remain in full force
and effect, and the parties agree to perform all duties and obligations as set forth therein.
In witness whereof, the Parties unto this Renewal have set their hand and seals on the days and
date first written above.
TD BANK N.A
BY:
ROBERT WILKINS, JR. MBA, CCM
VICE PRESIDENT, SENIOR
GOVERNMENT BANKING MANAGER
15
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY,FLORIDA
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
By:
Bob Solari, Chairman
By:
Deputy Clerk
Approved as to form and legal sufficiency:
By:
Dylan Reingold
County Attorney.
16
INDIAN RIVER COUNTY, FLORIDA CONSENT
MEMORANDUM
TO: Jason E. Brown, County Administrator
FROM: Richard B. Szpyrka P.E., Public Works Director
SUBJECT: Approval of Second Extension and Hourly Rate Increase for Day Labor Services
Provided by People Ready of Florida- Bid 2018035
DATE: October 28, 2019
BACKGROUND
On March 20, 2018, the Board of County Commissioners awarded Annual Bid 2018035 to People
Ready(formerly Labor Ready)to provide day laborers on an as-needed basis for general labor activities.
Road and Bridge primarily utilizes the contract for general labor and Maintenance of Traffic (MOT)
operations. Additionally, the contract is utilized by Utility Services, Parks Maintenance, Facilities
Management, and Traffic Engineering for day labor.
The contract period was from the date of award through December 31,2018,with options for two one-
year extensions.At the January 8,2019 Board of County Commissioners meeting the first extension of
the agreement was approved with People Ready, for the period beginning January 9, 2019 through
December 31, 2019. The Board of County Commissioners also approved a $0.57 hourly rate and
workers compensation increase.
Road and Bridge is satisfied with the services provided by People Ready and has requested execution of
the second extension of the agreement.
The current hourly rate is $12.86. Staff has received a request from People Ready to match the Florida
minimum wage increase of$0.10 for 2020 and an increase for workers compensation. If approved by
the Board, the new hourly rate will be $13.00 and the increase would be effective for workers utilized
after December 31, 2019.
The terms of the annual contract state any change in price,terms or conditions shall be accomplished by
written amendment to this contract with fmal approval requiring Board action. It further states the
vendor, for good cause,upon 90 days prior written notice may cancel this contract.The County retains
the right to cancel this contract, with or without good cause, upon 30 days prior written notice.
Based on 2019 utilization, Road and Bridge estimates 35,000-day labor hours to be required for the
period January 8,2020 through the end of the second extension on December 31,2020. The current and
requested rate costs are detailed below.
Hours Rate ($1.2?86)7 WAtVgdjust fo IMii1W.,geT($13!00)U
35,000 $450,100 $455,000
Total Increase for Road and Bridge $4,900
PAGE TWO
17
Consent Agenda item for 11/12/19
Approval of Second Extension and Hourly Rate Increase for Day Labor Services Bid 2018035
Several other departments also utilize this contract for as needed labor. In total, they have set aside
approximately$62,300 (4,845 hours) for the remainder of the FY for as needed day labor. Should that
entire allotment be required by the end of the FY, the minimum wage increase and an increase for
workers compensation would result in an additional$678 across those departments.
FUNDING
The additional$4,900 to fund the requested increase will be made available in Account No. 11121441-
033470, Transportation Fund/Road and Bridge/Contracted Labor Services.
RECOMMENDATION
Staff requests the Board of County Commissioners approve the Second Extension to the Agreement and
authorize the Chairman to execute it after the County attorney has approved it for content and legal
sufficiency, and upon receipt and approval of required insurance by Risk Management.
Staff also requests the Board of County Commissioners approve the new hourly rate of$13.00, and
authorize the Purchasing Division to issue blanket purchase orders with People Ready for the period
beginning January 1, 2020 through December 31, 2020.
ATTACHMENTS
Second Extension- People Ready
Rate Change Request Letter from People Ready
APPROVED AGENDA ITEM FOR NOVEMBER 12, 2019
18
SECOND EXTENSION AND AMENDMENT TO AGREEMENT
FOR TEMPORARY DAY LABOR SERVICES
This Second Extension and Amendment (Second Extension) to that certain Agreement to
provide temporary day labor services is entered into effective as of January 1,2020 by and between Indian
River County, a political subdivision of the State of Florida("County")and PeopleReady of Florida,Inc.
("Contractor").
BACKGROUND RECITALS
WHEREAS, the County and the Contractor entered into an Agreement for Temporary Day Labor
Services effective March 20, 2018.
WHEREAS, Article 3 of the Agreement contains the term and renewal provisions.
WHEREAS, the first term commenced effective as of March 20, 2018 and ended on December 31,
2018.
WHEREAS,the first extension commenced effective as of January 1,2019 and ends on December 31,
2019.
WHEREAS,pursuant to the Agreement, the parties desire to extend the Agreement for an additional
one year period and add certain provisions to the Agreement.
NOW,THEREFORE, in consideration of the foregoing, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as
follows:
1. The background recitals are true and correct and form a material part of this Second Extension.
2. The Second Extension term shall commence effective January 1, 2020 and shall end on December 31,
2020.
3. The hourly rate for this Second Extension shall be increased to $13.00 per hour.
4. The following terms are added to the Agreement:
A. Contractor certifies that it and those related entities of Contractor as defined by Florida law are not on
the Scrutinized Companies that Boycott Israel List,created pursuant to s.215.4725 ofthe Florida Statutes,
and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one
million dollars or more,Contractor certifies that it and those related entities of respondent as defined above
by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List,created pursuant to Section 215.473 of
the Florida Statutes and are not engaged in business operations in Cuba or Syria.
B. County may terminate this Contract if Contractor is found to have submitted a false certification as
provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Fbida
Statutes.
C. County may terminate this Contract if Contractor, including all wholly owned subsidiaries, majority-
owned subsidiaries,and parent companies that exist for the purpose of making profit,is found to have been
placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth
in section 215.4725, Florida Statutes.
5. All other terms and provisions of the Contract shall be andremain in full force and effect.
IN WITNESS WHEREOF,the parties have caused this Amendment to be executed effective the day
and year first set forth above.
PEOPLEREADY OF FLORIDA, INC. INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By: By:
Printed name: Bob Solari, Chairman
Title:
(Corporate Seal)
' Date: Attest: Jeffrey R. Smith, Clerk of Circuit Court
And Comptroller
By:
Deputy Clerk
Approved:
Jason E. Brown
County Administrator
Approved as to form and legal sufficiency:
William K. DeBraal
Deputy County Attorney
20
October 23, 2019
Indian River County
Purchasing Division
1800 27th Street
Vero Beach, FL 32960
Re: Bid No. 2018035
Dear Indian River County:
People Ready would like to request an adjustment to the current hourly rate to reflect the new
minimum wage for 2020. If approved, the new rate would go in effect starting January 1, 2020.
The current hourly rate of$12.86 will be adjusted to reflect the minimum wage increase of$.10
cents and the annual tax increase. The new hourly rate will be $13.00.
Thank you for your time.
Please contact me with any questions.
Sincerely,
Italia Simmons
Branch Manager
! 1
c - ,21 ..__ _..
BO
CONSENT
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: James W. Ennis, P.E. PMP,Assistant Public Works Director
SUBJECT: Award of Bid No: 2019074
North County Regional Park Aquatic Facility Roof Replacement
IRC-1826
DATE: November 12, 2019
DESCRIPTION AND CONDITIONS
The existing roof at the North County Regional Park Aquatic Facility was completed as part of the
original building construction in 2002.Although the roof has survived several hurricanes,including
Hurricane Irma in 2017, it has surpassed its functional lifespan and requires replacement to avoid
future failure and leaks.As such,County Staff requested a proposal from Jay Ammon Architect,Inc.
for replacement of the roof.
Following Jay Ammon Architect, Inc. completion of design for the new roof, the project was
advertised and a bid opening was held on October 16,2019.Two(2)qualified bids were received for
the project. A detailed tabulation of the bids is on file and available for viewing in the County
Engineering Division. The two successful bidders and their respective bids are as follows:
Tech Systems, Inc. $212,005.00
The Roof Authority, Inc. $307,664.00
Vero Beach Roofing, Inc. ****
Atlantic Roofing II of Vero Beach, Inc. ****
**** Disqualified for not acknowledging Addendum 1 and 2
Tech Systems, Inc. is considered to be the lowest, responsive, responsible bidder for the project
with a bid totaling $212,005.00. This bid is $45,109.00 above the engineer's cost estimate of
$166,896.00.
Upon checking references, County Staff, in coordination with Jay Ammon Architect, Inc. staff, has
determined that Tech Systems, Inc. has successfully completed similar construction projects.
22
FUNDING
Funding in the amount of$120,000 is budgeted in MSTU/NCAC/Roof- Acct# 00410472-066510-
20004. The$92,005 difference will be funded with a budget amendment from MSTU/Cash Forward-
•
Oct 1St for a total amount of$212,005.00.
RECOMMENDATION
Staff recommends that the project be awarded to Tech Systems, Inc.in the amount of$212,005.00
and requests that the Board of County Commissioners approve the sample agreement and
authorize the Chairman to execute said agreement after receipt and approval of the required Public
Construction Bond and Certificate of Insurance, and after the County Attorney has approved the
agreement as to form and legal sufficiency.
ATTACHMENTS
Sample Agreement
APPROVED AGENDA ITEM FOR NOVEMBER 12,2019
•
F:\Public Works\ENGINEERING DIVISION PROJECTS\1826 North County Regional Park Aquatic Facility Roof Replacement\1-Admin\Agenda Items\Award of Bid\IRC-1826 AOR 20191112.doc
23
SAMPLE AGREEMENT
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida
organized and existing under the Laws of the State of Florida,(hereinafter called OWNER)
and ./1/>
(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth,agree as follows:
ARTICLE 1-WORK
CONTRACTOR shall complete all Work as specified or indicated init'he Contract Documents. Th-< ork is
generally described as follows:
PROJECT DESCRIPTION: The project involves tacem nt of the low slope roofing
assemblies of the Indian River County, North Co R o nal1Park Iquat Facility, located at
9450 County Road 512, Sebastian, FL. 32958. The existing low slope roofing assemblies will
be replaced with a new modified bitumen<ro fing asse "bly The existing clerestory stucco
wall assemblies will be waterproofed.
ARTICLE 2-THE PROJECT �
The Project for which the kV�or' k under the Cont act ocu ents may be the whole or only a part is
generally described as`\fol ws:
'Project Name: NORTHC`REGI NAL PARK AQUATIC FACILTY ROOF
REPLACEMENT(IRC-1826)
Bid Number: 01907:t
Project Address: 9450'GOUNTY ROAD 512,SEBASTIAN, FLORIDA 32958
\ /7"----....„,
ATIC1f --;:3 vCONTRACT,TIMES
(:)1. Ti esseee
A:---All time lin its for Milestones, if any, Substantial Completion, and completion and readiness for
final payment as stated in the specifications are of the essence of the Agreement.
3.02 Days-to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 90th calendar day after the date when
the Contract Times commence to run as provided in the Notice to Proceed and completed and
ready for final payment in accordance with the Notice to Proceed on or before the 120th calendar
day after the date when the Contract Times commence to run.
24
3.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that
OWNER will suffer financial loss if the Work is not completed within the times specified in
paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this
Agreement. Liquidated damages will commence for this portion of work. The parties also
recognize the delays, expense, and difficulties involved in proving in a legal pr feding the actual
loss suffered by OWNER if the Work is not completed on time. According) instead of requiring
any such proof, OWNER and CONTRACTOR agree that as liquidated dama ,for delay(pia snot as
a penalty), CONTRACTOR shall pay OWNER $964.00 for each calendar day'that expiresafter the
time specified in paragraph 3.02 for completion and readiness for final paymentakl the Work is
completed and ready for final payment.
ARTICLE 4-CONTRACT PRICE
4.01 OWNER shall pay CONTRACTOR for completion of the Wo�rk an amount in currentyft,ds equal to
the sum of the amounts determined pursuant to paragraph 4.011..A and summa•ized'in paragraph
4.01.B, below:
) )
A. For all Work,at the prices stated in C/O�NTRA_ OR, s Bid,attached hereto as n exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount:$ \\\\ \\
Written Amount: -.... \\\I\ .\2
\\- \\ ‘\)
ARTICLE 5-PAYMENT.PR GEDURES
5.01 Progress Payments.
The OWNER shall make progress payments to the CONTRACTOR on the basis of the
approved/partial payment request as recommended by ENGINEER in accordance with the
CA.
provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70
e seq.The\OWNER shall retain ten percent (10%) of the payment amounts due to the
CONTACTOR until fifty percent (50%) completion of the work. After fifty percent (50%)
com "ltet on of the work is attained as certified to OWNER by ENGINEER in writing, OWNER
sF I,retain five percent (5%) of the payment amount due to CONTRACTOR until final
completion and acceptance of all work to be performed by CONTRACTOR under the
Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent
(50%) completion means the point at which the County as OWNER has expended fifty
percent (50%) of the total cost of the construction services work purchased under the Bid
and Specification 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.
25
5.02 Pay Requests.
A. On a form provided by the OWNER, each request for a progress payment shall contain
the CONTRACTOR'S certification. All progress payments will be on the basis of progress
of the work measured by the schedule of values established, or in the cane of unit price
work based on the number of units completed. After fifty percent/ 0%) completion,
and pursuant to Florida Statutes section 218.735(8)(d),the CONTRACTOR may submit a
pay request to the County as OWNER for up to one half (1/2) th‘retainagerheideld by
the County as OWNER, and the County as OWNER shall promptly make rm-ake parent to the
CONTRACTOR unless such amounts are the subject of a good fait.,dli p,,ute;fthe subject
of a claim pursuant to Florida Statutes section 255.05(2005);or otherwise the subject, f
a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRAefOR
acknowledges that where such retainage is attributable to the labor, serrvrces, or
materials supplied by one or more subcontract ro s`r suppliers, the CONTRAGTJ,ORshall
timely remit payment of such retainage to th.o.se subcontractors and suppliers. Pursuant
to Florida Statutes section 218.735(8)(c).(2005) CONTRACTOR further aCnowledges and
agrees that: 1) the County as OWN'E, hall�receivie immediate\to written notice of all
decisions made by CONTRACTOR tdwithhold retainage on any subcontractor at greater
than five percent (5%) after fifty percent (50%)`completion; and/2) CONTRACTOR will
not seek release from the County as.OWNER the withheld retainage until the final pay
request. \.7
5.03 Paragraphs 5.01 and 5.02 do not apply to c nstruction ervices work purchased by the County
as OWNER which are paid for, in whole or in\partw,ikederal`fu.,n?1s and are subject to federal grantor
laws and regulations or requi�nents that arre contrary\to any provision of the Local Government
Prompt Payment Act. In such event, aymenrtt nd reta mage provisions shall be governed by the
applicable grant requirementsu
nddelines.
5.04 Accepts Final Payment`as Re
Cof. lease.
A. The-ccept�''7.the CONTRACTOR of final payment shall be and shall operate as a
releas to thOWNER ro,m all claims and all liability to the CONTRACTOR other than
clam, inzisted amounts as may be specifically excepted by the CONTRACTOR for all
things\done or furnished in connection with the work under this Agreement and for
every act'and neglect of the OWNER and others relating to or arising out of the work.
Anyypaymen1, however, final or otherwise, shall not release the CONTRACTOR or its
sur-retres from any obligations under this Agreement, the Invitation to Bid or the Public
Construction Bond.
ARTICLE,6—PU.BUC,CONSTRUCTION BOND
(4.,..:-._—:„.„.",.-
6.01
4.,..:`J'6.01 Within fifteen (15)days of receipt of the Contract Documents for execution,the CONTRACTOR
shall furnish a Public Construction Bond in an amount equal to 100%of the Contract Price. If bid
does not exceed$100,000, no Public Construction Bond will be required.
A. In lieu of the Public Construction Bond,the CONTRACTOR may furnish an alternative form of
security in the form of cash, money order,certified check,cashier's check, irrevocable letter of
credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security
26
shall be for the same purpose,and be for the same amount and subject to the same conditions
as those applicable to the bond otherwise required. The determination of the value of an
alternative form of security shall be made by the OWNER.
B. Such Bond shall continue in effect for one(1)year after acceptance of the Work by the OWNER.
C. The OWNER shall record the Public Construction Bond with the Public Record Sectionof the'2960.
Indian River County Courthouse located at 2000 16th Avenue,Vero Beach, Florida4
ARTICLE 7-INDEMNIFICATION
7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its commissioners, officers,
employees, and agents, from liabilities, damages, losses and costs, including but rot limited/to'',
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or.intential
wrongful misconduct of the CONTRACTOR and persons enlloyed or utilized by the CON ACTOR
./
in the performance of the Work. \
ARTICLE 8-CONTRACTOR'S REPRESENTATIONS (-----)
/1/...----)
8.01 In order to induce OWNER to enter into this Agreemen"CONTRACTOR ma es the following
representations:
A. CONTRACTOR has examined and car's*f lllyy to ied he Contract Documents and the other related
data identified in the Invitation to Bid d'o mats.
B. CONTRACTOR has visit/e1"aheSite and become familiar with and is satisfied as to then r I local,
e a,
and Site conditions tat mayaffe t-cost_ ,progress,and>performance of the Work.
C. CONTRACTOR is familiar with and. is satisfied as to all federal,state,and local Laws and Regulations
that maya4ect-cost, progress�and'performance of the Work.
\-,...........:--....,..
` \\
D. CONTRACTORV�has o tained'and carefully studied (or assumes responsibility for having done so) all
additional �or sLppl�ntary.ex urinations, investigations, explorations, tests, studies, and data
-oncerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the
Siteewhich maty 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
CON R C OR,i ?iclulding applying the specific means, methods, techniques, sequences, and
prQcedures\of�con truction, if any, expressly required by the Contract Documents to be employed
by CONTRACTdR,and safety precautions and programs incident thereto.
E. CO.NTRACTOR does not consider that any further examinations, investigations, explorations,tests,
`studiesrdata are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract
Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at
the Site that relates to the Work as indicated in the Contract Documents.
27
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts,errors,ambiguities,or discrepancies
. that CONTRACTOR has discovered in the Contract Documents, and the written res6 ition thereof
by OWNER is acceptable to CONTRACTOR.
//7 j.
I. The Contract Documents are generally sufficient to indicate and convey understanding of germs
and conditions for performance and furnishing of the Work.
\.//'
ARTICLE 9-CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
(1) Invitation to Bid 2019074;
(2) CONTRACTOR'S Bid Form(pages 13 oJ.jJn lusive);
(3) Bid Bond (page 16);
(4) Drug Free Workplace Form (p ,17);
(5) Sworn Statement r.Section,105.08 In ian River CountyCode, on Disclosure of
Relationships(pages 8 to19 inclasive);
(6) Bidder--s Qualifications`Quetionnaire pages 20 to 23, inclusive);
(7) Sworn State rider the`f�lorida Trench Safety Act(pages 24 to 25, inclusive);
to �(8) List of Sub ontracto26);
\ (
(9) Certification Regarding Prohibition Against Contracting With Scrutinized Companies
(page 27);\
�_.-(10) Play sas follows:Sheets A0.1 through A7.2 with each sheet bearing the general title
INDIANet RIVER COUNTY AQUATIC FACILITY ROOFING REPLACEMENT AND REPAIR
ISR OJECT.
(11) This Agreement(pages 28 to 37,inclusive);
(12) Public Construction Bond (if applicable) (pages 38 to 40, inclusive);
(13) Certificate of Liability Insurance(page 41);
28
(14) Notice to Proceed(page 42);
(15) Addenda(if applicable) to ;
(16) The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s)
ARTICLE 10-MISCELLANEOUS
\.\,
10.01 Terms
/ 1111°> '
A. Terms used in this Agreement will have the mea ings"indicat d in the Invi4 Bid.
\7-tati"
10.02Assignment of Contract 1
A. No assignment by a party hereto of6i y rightstun er or interests in the Agreement will be binding
on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation,,o ceys that may become due and moneys that are due may
not be assigned without such consent(except to the rtent that the effect of this restriction may
be limited by law), and unless specificatily stated to the contrary in any written consent to an
assignment, no assignment will release'orrdischar, the assignor from any duty or responsibility
under the Contract Documents.
10.03 Successors.and� Assigns \
A. OWNER `anti CO.NTRACtOR each binds itself, its partners, successors, assigns, and legal
representatives to other pa b, hereto, its partners, successors, assigns, and legal
representatives i�n,respec^o allcovenants, agreements, and obligations contained in the Contract
-Documents. V
10.04 Severability
L. Any pr on r part of the Contract Documents held to be void or unenforceable under any Law
C
Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and
binding uoni OWNER and CONTRACTOR, who agree that the Contract Documents shall be
<eformedto 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 Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Agreement shall be
29
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 fS tutes. 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 pe,or the seicraf e.
(2) Upon request from the County's Custodian of Public Records, provi a the County with a
copy of the requested records or allow the records to be inspected ori copied within a
ror
easonable time at a cost that does not exceed the cost pfovided in Chapter 119 as otherwise
provided by law. \/
(3) Ensure that public records that are ex mpt or confi ential�and exert from public
records disclosure requirements are not di clded excee t as�authoriz�ed,by �wwfor the duration
of the contract term and following com letion of the cfOntract if the CONTRACTOR does not
transfer the records to the County. \ /
(4) Upon completion of the cSntract,transfer,at,no cost,to the County all public records in
possession of the CONTRACTOR or keep'nd maintai public records required by the County to
perform the service. If the CONTR�ACTOR'tr`ansfers all\�public records to the County upon
completion of the contract,the CONTRACTORshall des roy>any duplicate public records that are
exempt or confidential'-and exempt from public records disclosure requirements. If the
CONTRACTOR keeps arid.marntains p blic records upon completion of the contract, the
CONTRACTOR shall meet�alli plicable requirements for retaining public records. All records
stored electronically must be provide Oto the County, upon request from the Custodian of Public
Records, ea-format that is cor p tible w th`the information technology systems of the County.
\\
B. IF THE CONTRACTO SAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER\119,/FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
'ROVIDE PrUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUrSTODIA \OFF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
B. Failure of the CONTRACTOR to comply with these requirements shall be a material breach of
this Agreement.
30
ARTICLE 11-TERMINATION OF CONTRACT
A.The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide
the OWNER with a right to terminate this Contract in accordance with this Article, in addition to
pursuing any other remedies which the OWNER may have under this Contract or under v"blaw:
(1) if in the OWNER's opinion CONTRACTOR is improperly performing work of lating any
provision(s) of the Contract Documents; /�
(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or
equipment, as directed by the Engineer pursuant to an inspection;
(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily el yedd lnt be
finished within the prescribed time; \\)/
(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt or if he makes a general assign' ent
for the benefit of his creditors, or if a trustee or receiver is apppomted for CONTRACTOR�or I'd.any of
his property. \�
(6) if CONTRACTOR fails to pay subcontractors, materialmen and/or salppliers on a tirnely basis.
B. OWNER shall, before terminating the Contract for• an
y of going r .asonssfiotify CONTRACTOR
in writing of the grounds for termination and4rovide CONTRACTOR wititten (10)calendar days to
cure the default to the reasonable satisfaction
C.\
fhe OWNER
C. If the CONTRACTOR fails to correct or cure ithin the time provided in the precedingSub-Article B,
\... \ \
OWNER may terminate this Contract )0\)notrfying CONTRACTOR in writing. Upon receiving such
notification, CONTRACTOR shall immediately\ se all work ereunder and shall forfeit any further
right to possess or occupythesite or an: r atenal thereon;,provided, however, that the OWNER
may authorize CONTRACT6 ta,restore any work sites.
D.The CONTRACTOR shall be lia`bl or:
(1) any new cost incurred by theOWNER in oliciting bids or proposals for and letting a new contract;
and \\\
(2) the difference betwe n-the cost of completing the new contract and the cost of completing this
Contract;
(3) any court costs and�rney�ssociated with any lawsuit undertaken by OWNER to enforce
its_raghts herein. V ���
C------)
RMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate
NTRAC O'3tiservi`e\and work for OWNER's convenience. Upon receipt of notice of such
rmination CON \RAC�T.OR shall, unless the notice directs otherwise, immediately discontinue the
ork and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in
connection with the performance of this Contract. Upon such termination CONTRACTOR shall be
e!tled to.p yment only as follows:
(1) the-actualcost of the work completed in conformity with this Contract and the specifications; plus,
(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and
approved by the OWNER.
CONTRACTOR shall not be entitled to any other claim for compensation or damages against the
County in the event of such termination.
F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135:
CONTRACTOR certifies that it and its related entities of CONTRACTOR as defined by Florida law are
31
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 its 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 businessiiperations in
Cuba or Syria.
OWNER may terminate this Contract if CONTRACTOR is found to have submit/7dase certific tion
as provided under section 287.135(5), Florida Statutes, been placed on tie Scrutinizedfompanies
with Activities in Sudan List or the Scrutinized Companies with Activities in the trap R tf oleum Energy
Sector List, or been engaged in business operations in Cuba or Syria, as defined\y section 287.13 ,
Florida Statutes. \\/
OWNER may terminate this Contract if CONTRACTOR, includNin II 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 thatN.Boycott l rael List or engaged in a
boycott of Israel as set forth in section 215.4725, Florida Statutes.
K\.
[The remainder of this age was leftbla .k intentionally]
'\17'
32
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract
Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on ,20_(the date the Agreement is approved by the
Indian River County Board of County Commissioners,which is.the Effective Date of the Agreement).
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY _.
/2V
By: By:
Bob Solari,Chairman (CONTRACTOR)
By: CORPORATE SEAL) \`//
Jason E. Brown,County Administrator
Attest \ /
APPROVED AS TO FORM AND LEGAL SUFFICIENC : -N,/,/
By:
Dylan Reingold,County Attorney A dress for giving notices:
..............„
Jeffrey R.Smith,Clerk of Courtan Comptroller v
License No.
Attest: (Where applicable)
Deputy Clerk
(SEAL) .\\ Agent for service of process:
Designated Representative:
Name:James W. Ennis,��., PMP Designated Representative:
Title A�sant Public Works Director Name:
Address: 180127th Stret.Vero Beach, FL 32960 Title:
Phone:(772) 2 "1221 Address:
Em iennis( ircgo com
Phone:
Email:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
33
ZE
CONSENT
BCC Meeting 11/12/2019
INDIAN RIVER COUNTY, FLORIDA
INTEROFFICE MEMORANDUM
Department of General Services
�`ZORtr Parks & Conservation Resources
Date: November 4, 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: Waiver of Requirement for Bids to Procure Jones' Pier Conservation Area
Saltmarsh Open Screw Pump
BACKGROUND
As part of the improvements to the Jones' Pier Conservation Area, the 4-acre saltmarsh design utilizes an
open screw pump design to lift water from the Lagoon into the marsh. The type of pump utilized in this
design allows for gentle lifting of water into the system that mimics the natural tidal fluctuations in the
Lagoon.
EVALUATION
The pump specified in the engineered plans is designed and fabricated by Lakeside Equipment Corporation
("Lakeside") in Bartlett, Illinois. The Lakeside brand screw pump assemblies are designed to require
minimal maintenance over the life of the equipment and has unique heavy-duty component design features
(bearing design) not available from other vendors. Indian River County has a long history of using this
vendor's other products and services. In addition, the pump requires a 5-6 month lead time for production.
Direct purchase is necessary in order to finish the saltmarsh wetland within the Department of Environmental
Protection's grant timeline.
FUNDING
Funding for the Jones' Pier Conservation Area improvements in the amount of$301,000 is outlined in the
Capital Improvements Element of the Comprehensive Plan, approved on December 4, 2018 in Optional
Sales Tax/Parks/Jones Pier Improvements (Account Number 31521072-066510-18010). Revisions will be
made to the 2019 Capital Improvement Plan in December 2019. The quote from Lakeside(attached, dated
November 5, 2019)is for the amount of$73,361 which includes delivery to the site.
RECOMMENDATION
Staff recommends the Board of County Commissioners waive the requirement for bids and authorize the
Purchasing Division to issue a Purchase Order to Lakeside Equipment Corporation for the purchase of the
pump in the amount of$73,361.
ATTACHMENT
Lakeside Screw Pump Quotation dated November 5,2019.
APPROVED AGENDA ITEM FOR NOVEMBER 12,2019
34
LAKESIDE
1022 E.Devon Avenue I P.O.Box 8448 I Bartlett,IL 60103
WowEQUIPMENT CORPORATION T:630-837-5640 I F:630-837-5647 I E::sales@lakeside-equipment.com
Water Purification Since 1928 www.Iakeside-equipment.com
DATE: November 5, 2019
TO: Indian River County Commission
do Carter Associates, Inc.
1708 21st Street
Vero Beach, FL 32960
ATTENTION: Kirk Noonan
Project Manager
SUBJECT: Indian River County, Florida
Jones' Pier Conservation Area
Phase 2 Wetland Enhancement and Creation Project
Lakeside Screw Pump Quotation
Dear Mr.Noonan:
Lakeside Equipment Corporation is pleased to offer the following through our Representative, Trippensee
Shaw,Inc., (PH: 863.382.2101):
LAKESIDE OPEN SCREW PUMP
For the one (1) 20-inch diameter open Screw Pump, rated at 100 gal/min at 3.5-ft lift, we propose to furnish
the following:
1 - 20-inch diameter screw fabricated of Type 316 stainless steel, with one (1) continuous ribbon flight,
8.625-inch outer diameter center support tube, sealed ends and flanged Type 316 stainless steel stub
shafts for mounting on both ends. Screw is set at a 30 degree inclination with operation at 17 rpm.
1 - Sealed lower bearing with a radial spherical roller bearing and a stationary lower stub shaft, lip seals,
and split bearing housing shield.
1 - Upper bearing assembly consisting of split ductile iron housing, separate thrust and radial bearings,
spacer, lip seals and bearing mounting plate mounted on a concrete slab. Minimum L10 life of 100,000
hours.
1 - Drive assembly complete with shaft mounted, double reduction, helical gear unit in cast iron case, with
backstop not less than 1.5 service factor based on brake horsepower, (torque arm,) drive and driven
sheaves, V-belts and steel belt guard.
1 - 1.5 hp, 1,750 rpm, 3 phase, 60 Hertz, 460 volt, normal starting torque, continuous duty, TEFC motor
with gasketed conduit box and adjustable mounting plate for V-belt tightening.
35
1 - Fabricated Type 316 stainless steel deflector plate.
1 Set of anchor bolts, stainless steel, for torque arm support bracket, deflection plates, and the upper and
lower bearing base plates.
Approximate shipping weight of the unit is 1,600 lbs.
EXCLUSIONS: The following are not included in this offering:
• Unloading, hauling or storage
• Concrete work or installation
• Grouting materials or grouting operation
• FRP panels across trough
• Electrical controls(i.e. starters, disconnect switches, etc.)
• Electrical conduit,wiring, and supports
• Level sensor
• Finish painting
• Lubricating oil or grease(or grease guns)
• Spare parts
• Tools
GROUTING MATERIALS: Lakeside Equipment shall loan to the contractor additional sheave(s) and
belts as required to operate the screw at a reduced speed for grouting the trough with the screw pump drive.
There is a$400 charge for grouting sheaves and belts not returned freight prepaid to Lakeside Equipment.
ERECTION DATA: The contractor will set the anchor bolts in the influent chamber and for the upper
bearing and drive assembly. The screw and bearings must be carefully aligned. We estimate a total of 50
man-hours for installation of the screw and alignment of the screw and bearings for each pump. This does
not include the time and manpower required for grouting in the screw pump troughs
SHOP PAINTING: Stainless steel parts will not be shop painted. Motor and reducer will receive a shop
coat of machinery enamel.
SHOP DRAWINGS: We will furnish one (1) electronic copy of drawings for the equipment without
charge. The reviewed drawings are to be returned to us with the notations or approval stamp of the Engineer.
Drawings will require 4 to 6 weeks after receipt of an order and complete information, including plans and
specifications, field dimensions or verification of field dimensions, which are to be provided at no cost to
Lakeside.
SHIPMENT: Shipment can be made in 12 to 16 weeks after receipt of approved drawings by our home
office.
INSTRUCTION BOOKS: One (1) electronic copy of the installation, operation, lubrication and
maintenance book will be furnished before shipment of the equipment.
SERVICE: Inspection of the installed equipment can be made following notice by you that you are ready
for such service. The cost of two (2) days of service in one (1) trip is included in our proposal price.
36
Additional service is available at the rate of$1,000/day plus living and travel expenses.
PROPOSAL PRICE: Includes service as stated above and is F.O.B. our shop with freight allowed to job
site.
One (1) Lakeside Screw Pump $73,361
PRICE FIRM: For thirty(30) days from November 1, 2019. Due to the existing environment of the price
increases in steel and the volatility of those prices that exist today, the price shown above is a price based on
the present day cost of materials. If an order is received after the 30 day time period, Lakeside reserves the
right to adjust the pricing to match the cost of materials at the time the order is received.
PAYMENT TERMS: The terms of payment are Net 30 days for material shipped, or when ready for
shipment if shipment is deferred by you.
Your payment to us will not be dependent or contingent upon receipt of payment by you or any other parties.
Overdue accounts will be charged 2.0% interest per month. All legal fees or other charges encountered to
collect overdue accounts, including service charges, are to be paid for by the purchaser.
COUNTY DIRECT PURCHASE: Lakeside Equipment Corporation will accept a standard Purchase Order
from Indian River County for the purchase of the pump.
CONDITIONS OF SALE(GIL 91):
ACCEPTANCE:This quotation is void at our option unless a purchase order is placed with us within sixty(60)days from date of
bid opening or date of written proposal. The order will be subject to written acceptance by our company's executive office. Our
quotation is limited to only those technical portions of the Engineer's Mechanical Specifications specifically referred to herein,and
to the terms and conditions of sale as outlined in our quotation. We will not be bound by any Terms and Conditions of the prime
Contract not specifically included herein.
TAXES & OTHER CHARGES: Unless otherwise indicated,no Sales,Use,Retailers' Occupation, Service Occupation, Service
Use,or similar taxes or custom duties,import fees and similar charges,have been included in our prices. The amount of any such
taxes or charges which are paid or assessed in connection with this order and which are not specifically stated as being included in
the purchase price, shall be paid by you, either directly to the appropriate authorities (in which event you shall furnish us with
satisfactory evidence of such payments) or to us if we have paid, or are required to pay, such taxes or charges. If you are tax
exempt on this job,you will need to supply us with your exemption certificate. You agree to reimburse our company for taxes we
must pay on your behalf. You are responsible for obtaining permits in connection with the sale or installation of our equipment.
WARRANTY: Lakeside Equipment Corporation ("Lakeside") warrants to Buyer that equipment sold hereunder, of its
manufacture,is free from defect in material and workmanship,and is of the kind and quality designated or described herein. This
warranty shall run to Buyer and if applicable, such entity specifically identified in the Primary Contract only, but not to their
employees, representatives, agents, customers, assignees, etc., and applies to those technical portions of the Engineer's
Specifications only to the extent that they are referred to herein. This warranty shall be in full force and effect at the time of
shipment of such equipment for a period of one(1)year from the date of shipment. Lakeside will furnish without charge,but will
not install, replacements for suchparts as it finds to have been defective. The obligation of Lakeside to replace such defective
P g
P
parts shall be the exclusive remedy hereunder. Buyer must give Lakeside notice in writing of any alleged defect covered by this
warranty within thirty(30) days of the discovery of such defect during the warranty period. No claim more than thirty(30)days
after the warranty period shall be valid. The warranty extends to replaced parts of Lakeside's manufacture for ninety(90)days or
the remainder of the original warranty period applicable to the parts being replaced.
37
This warranty shall not apply to:
A. Any equipment which has been subjected to misuse,neglect,or accident;
B. Any equipment which has been altered,tampered with,or upon which corrective work has been done thereon without
Lakeside's specific written consent;
C. Any equipment which has been operated or maintained in a manner which in any way deviates from the maintenance
schedules,specifications,and parameters set forth in Lakeside's Operator's Manual for such equipment.
D. Fuses,lights or other standard wear items.
E. Electrical damage due to overvoltage conditions.
F. Damage to machine or components due to lack of implementing the Recommendations on Short-term
and Long-term Storage of Equipment guidelines.
No allowances will be made for any such alterations or corrective work done without the specific written consent of Lakeside.
Conditions caused by improper lubrication, deterioration by chemical action, and wear caused by the presence of abrasive
materials, do not constitute defects. Equipment manufactured by others, and included in Lakeside's proposal, is not warranted in
any way by Lakeside but carries only that manufacturer's warranty, if any. No representative of Lakeside's has any authority to
waive,alter,vary,or add to the items hereof without prior written approval.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER GUARANTEES AND
WARRANTIES OF QUALITY, WRITTEN, ORAL OR IMPLIED; ALL OTHER WARRANTIES,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE ARE HEREBY
EXPRESSLY DISCLAIMED.
SECURITY INTEREST: Until all amounts due hereunder have been paid in full, Seller has a security interest in the equipment
and has all rights of a secured party under the Uniform Commercial Code including,without limitation,the right to take possession
of the equipment without legal process and the right to require Buyer to assemble the equipment and make it available to Seller at
a place reasonably convenient to both parties. At Seller's request, Buyer shall execute any financing statement or statements
submitted by Seller in order that Seller's security interest in the equipment may be perfected.
PROPERTY INSURANCE-RISK OF LOSS: You shall provide and maintain in responsible insurance companies, at your own
expense, insurance against loss or damage to the equipment by fire or other casualty from and after the time of delivery to the
carrier at point of shipment. Upon request you will provide certificates evidencing such coverage. Such coverage shall be for the
amount of this contract, shall cover the equipment specified herein, and losses, if any, shall be payable to us as our interest may
appear, under Union or Standard loss payable endorsements. Irrespective of such insurance coverage, you shall bear the risk of
loss resulting from any and all damage or injury to the shipment from and after delivery to the carrier at point of shipment. If you
should fail to provide such insurance,we may obtain the same and the cost of the premium therefore shall be added to the purchase
price.
CHANGES &DELAYS: If you cause changes to be made, or delay or interrupt the progress of the work,you will reimburse us
for any additional expense resulting from such cause. Any of such changes or delays which may adversely affect the operation of
the equipment will nullify our warranty unless we consent in writing thereto.
Our proposal is based on present day cost of materials and furnishing our equipment in accordance to our schedule indicated
above. If delays greater than 90-days are experienced for review/approval of shop drawings or if there is delay on release of
equipment to go into fabrication,you will reimburse Lakeside for any additional expense that may result from such cause.
Shipment must be accepted when ready to avoid storage charges. If refused when ready, storage plus handling charges will be
added to the above price. Partial shipments must be accepted when ready and paid for in accordance with terms shown above.
DELAYS: We shall not be liable for delay in delivery caused by any reason beyond our control,including but not limited to your
delay in promptly submitting all information necessary for us to proceed with the work,your delay in approval of drawings,acts of
God,casualty,civil disturbance, labor disputes, strikes,transportation,supply difficulties, any interruption of our facilities, or any
of the governmental authorities. The time for delivery specified herein shall be extended during the continuance of such
conditions and for a reasonable time thereafter.
PATENTS: We agree to indemnify you against any charge of infringement of any presently issued apparatus patent by reason of
the use or resale of the equipment sold to you under this contract;provided however,that:
A. Such charge relates exclusively to something which we designed or selected,and
38
B. Such charge does not arise as a result of any modification of the equipment by you or the combination thereof of you
with equipment furnished by others,and
C. We are notified in writing immediately upon receipt of such charge,and
D. We are given absolute control of the defense and the right to defend or settle such charge,and
E. We are allowed to make such changes in the equipment as we deem necessary for the purpose of avoiding
infringement.
CLAIMS: Claims for errors or shortages existing prior to our delivery of the equipment to the carrier will be considered only
when made to us immediately after receipt of shipment. Claims shall be confirmed in writing. Buyer shall immediately inspect
the equipment upon receipt thereof. Seller is not obligated to consider any claim for shortages or nonconformance unless notified
thereof by Buyer within twenty (20) days after Buyer's receipt of equipment. Modifications to the equipment furnished by
Lakeside to meet OSHA or local safety codes will be by others. Seller will supply only the safety devices,if any,described in the
order. LAKESIDE EQUIPMENT CORPORATION assumes no responsibility for any costs, direct or indirect, resulting from
disapproval of our tender by the owner.
TRANSPORTATION EXPENSE: Unless otherwise noted, the prices shown in this proposal include freight to the destination
shown, at lowest available freight rates on a common carrier of our choice. If you require us to ship another way, you will bear
any additional expense. In order for our company to insure delivery,it is agreed by you and our company that you will provide us
with an access road to and from the job site, which road is capable of supporting our trucks. The responsibility for the protection
of equipment will be yours after it is delivered to the job site. Damage to the equipment after delivery which is caused by
vandalism,the elements or otherwise,will be your responsibility and not that of our company.
LIABILITY: It is expressly understood that our liability, including that for negligence, for our products is limited to the
furnishing of such replacement parts,and that we will not be liable for any other expense,injury,loss or damage,whether direct or
consequential,including but not limited to loss of profits,production,increased cost of operation,or spoilage of material,arising in
connection with the resale or use of,or inability to use,our equipment or products for any purpose except as herein provided.
LIQUIDATED DAMAGES: If awarded this contract, we will diligently prosecute the engineering and fabrication of the
proposed equipment;however,we are unable to accept any liquidated damages or penalty clauses for failure to complete shipment
as designated in this proposal.
INSTALLATION REPRESENTATIVE: At your request, and subject to our option and availability of personnel at time of
requirement,we will provide the services of a competent person to advise you concerning the installation of the equipment covered
by this proposal. These services are not supervisory but are advisory only, and are offered subject to the express understanding
that our function and responsibility is limited to interpretation of assembly drawings and identification of materials for their proper
location in the equipment or system layout. These services are offered on a"no risk"basis by Lakeside Equipment Corporation.
In payment for such services,you will reimburse us at the current rate for each normal working day, or fraction thereof,that such
person is absent from our plant on your business. The normal working day shall be eight (8)hours, between 8:00 AM and 4:30
PM,Monday through Friday, exclusive of holidays. All services performed by our representative at your request in addition to a
normal working day, as herein defined,shall be classified as overtime work. If circumstances dictate that our representative shall
work exclusively during hours other than those of the normal working day, arrangements can be made. The day rate is subject to
change to the rate in effect at the time representative is furnished. You will also reimburse us for all transportation and living
expenses incurred by our representative while absent from our plant on your business.
CANCELLATION: Cancellation or suspension of a contract will be accepted only upon terms that will indemnify Lakeside
Equipment Corporation against loss. You agree to reimburse our company for our costs incurred in such cancellation, including
overhead and administrative costs. Our company may cancel the order prior to or at the time of receiving the final approved
drawings if our company deems itself insecure,or determines that it is commercially unreasonable for us to proceed.
CONTRACT: We both agree that this contract contains the complete and final agreement between us and may not be modified,
supplemented, explained, or waived by oral evidence, your purchase order, course of dealing, or in any other way, except where
made in writing and signed by you and our company's authorized officer.
39
ARBITRATION: Any controversy or claim arising out of or relating to this transaction shall be settled in Chicago by arbitration
in accordance with the Rules of the American Arbitration Association, and judgement upon the award rendered by the Arbitrator
may be entered in any court having jurisdiction hereof.
CONFIDENTIAL INFORMATION: All information and data herein furnished to Buyer hereunder,relating to price,size,type
and design is submitted with the understanding that it is for the Buyer's own confidential use and is not to be shown or otherwise
made known or available to any third party at any time without Seller's written consent.
Our Representative, Trippensee Shaw, Inc., (PH: 863.382.2101), will be available to discuss this offering
and assist you throughout this project.
Submitted by:
LAKESIDE EQUIPMENT CORPORATION
Steven G. Eckstein
President
40
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: November 1, 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: Donation of Property Appraiser's Safe to Indian River County Historical
Society
BACKGROUND:
The Property Appraiser's office has been storing a Safe-Cabinet Standard M.E. type two-door
safe (retired asset 10496) in its office area,which was retired by the Board many years ago and
is no longer in use.
The Indian River County Historical Society has submitted a written request for the County to
donate the safe for display at the Vero Beach Train Station Museum.This request is on file in
the Purchasing Division.
Florida Statutes authorize the County to donate or sell surplus property to private nonprofit
agencies as defined in s. 273.01(3), under which the Historical Society is currently qualified.
The Historical Society would be responsible for the removal of the safe from County property
upon the Board's approval of the donation.
RECOMMENDATION:
Staff recommends the Board approve the donation of the safe to the Indian River County
Historical Society.
41
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Honorable Board of County Commissioners
THROUGH: Jason E. Brown, County Administrator
THROUGH: Tad Stone, Director of Emergency Services
FROM: Maria Resto,Emergency Services Manager
DATE: October 11, 2019
SUBJECT: Approval of Text to/from 911 Contract
BACKGROUND:
In July of 2014, the State E911 Board voted unanimously to support the deployment of Text to
911 in the state and encouraged every county to begin planning and implementation. To promote
a statewide Text-to-911 implementation, the State E911 Board is providing financial support and
so far, IRC has received a special disbursement of$50,000 toward Text to 911 project.
On December 5th, 2017, the Indian River County Board of County Commissioners approved
upgrades to the County's E911 System including the necessary infrastructure to receive Text to
911 services, and approved AK Associates as the sole source vendor.
DESCRIPTION:
For the past few months,we have been gathering information and analyzing all the steps necessary
to finalize the project. Staff has reached out to AK Associates, our current sole source 911
maintenance provider to develop cost estimates and timelines for implementation. The attached
quote details non-recurring and recurring fees for the County's Text to 911 system. It includes the
installation and setup of two VPN routers, two dedicated circuits to deliver texts, carrier
coordination, licenses, and support. The total annual recurring fee for FY19/20 is $16,867.34 and
the non-recurring total is $12,318.60,plus an additional $3,628.66 for the first 5 years of network
and hardware support. Subsequent years will not include a onetime discount, therefore the future
recurring cost will be budgeted for $20,659.34. With the approval ofthis contract, Indian River
County Text to 911 is expected to go live in 2020.
FUNDING:
The Text to 911 Project is a budgeted expense and will come from 911 Surcharge Fund.
ITEM Amount Account Number
Text to 911 (non-recurring cost) $12,318.60 12013325-068003
Text to 911 (recurring cost) $20,496.00 12013325-035120
42
RECOMMENDATION:
Staff recommends that the Board approve the Text to/from 911 work quote submitted by AK
Associates, and authorize the Purchasing Division to issue purchase orders for the work and
subsequent recurring costs.
ATTACHMENT:
1. Text to/from 911 Quote
43
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We have prepared a quote for you
Text to/from 911
Quote#000101
Version 5
Prepared for:
Indian River County, FL
Tina Smith
tismith@ircgov.com
44
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7lndependenceAvenue �
Derry, NH 03038 /1/1- '\ r7
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(603)432-5755 Al( ((((((KOK
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Indian River County,FL
Tina Smith
4225 43rd Avenue
Vero Beach, FL 32967-1671
tismith@ircgov.com
Dear Tina,
Thank you for giving us the opportunity to provide Indian River FL with a for Text 911.We are excited to
work with you. Should you have any questions on this project please feel free to reach out to any member of the AK
Julie Chase
President
AK Associates
45
Quote#000101 v5i40.4 Page:2 of 8
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7 Independence Avenue4
Derry, NH 03038
http://www.akassociates911.com/ >� AK00(.0KKK
(603)432-5755
SSOCATES ,.
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Text to/From 911
• The quote for text from 911 provides Indian River with the ability to create(initiate)a text to any cell phone.
• Text from 911 is completely different than text to 911 and uses different equipment and does not use the text to
911 circuits.
• Indian River is responsible to provide a wireless SIM card to be installed by AK into the Solacom Guardian
system for network connectivity
• AK will coordinate with Tina and Maria for training call takers on how to initiate a text from 911
• AK will work with Solacom to install and configure the hardware and software associated with text from 911
• Once AK finishes the install, AK will activate text from 911
Indigital Texting Services
• Text to 911 provides the ability for people using cell phones within Indian River to initiate a text call to a PSAP
within Indian River and provides the call taker the ability to respond to the text message. However,the call takers
cannot initiate a call from text to 911,they can only respond to a text call to 911.
• Once the project starts, INdigital will reach out to Tina and Maria so they can provide a letter of authorization to
INdigital (INdigital will provide letter)so they can request texting from all of the wireless carriers.
• AK will work with INdigital to install network devices onsite
• INdigital will coordinate with AK and each wireless carrier for testing.
• AK will coordinate with Indian River for implementation cut dates by wireless carrier with Tina and Maria
• AK will coordinate training for call taker on use of Solacom Guardian system for text to 911
• After each wireless carrier is cut over,AK will then start the implementation for text from 911
Central Equipment A
Description PriceQty Ext. Price
P-SMS GTW Text-from-911(SMS)Gateway-1 Port $778.55 1 $778.55
1port
Customer to provide GSM SIM card per gateway port
SL-TextOut Text-from-911 Guardian Base License $815.35 1 $815.35
Subtotal: $1,593.90
Central Equipment B
Description 'Price Qty Ext. Price
P-SMS GTW Text-from-911(SMS)Gateway-1 Port $778.55 1 $778.55
1port
Customer to provide GSM SIM card per gateway port
Subtotal: $778.55
46
Quote#000101 v5sv:�
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4\17/
7 Independence Avenue
Derry,NH 03038 AK00.(((KK( y
http://www.akassociates911.com/
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Description Price Qty Ext.Price
SL-TextOut-POS Text-from-911 Guardian Position License $187.45 10 $1,874.50
Subtotal: $1,874.50
PSAP 2-SO
Description 'Price Qty Ext. Price
SL-TextOut-POS Text-from-911 Guardian Position License $187.45 9 $1,687.05
Subtotal: $1,687.05
PSAP 3-SPD
Description Price Qty Ext.Price
SL-TextOut-POS Text-from-911 Guardian Position License $187.45 4 $749.80
Subtotal: • $749.80
PSAP 4-VB
Description Price Qty Ext.Price
SL-TextOut-POS Text-from-911 Guardian Position License $187.45 4 $749.80
Subtotal: $749.80
Services
Description Price Qty Ext.Price
SV-InstRem Half Remote Install Services-Half Day $650.00 1 $650.00
day
SV-PMDaySd Secondary Project Management-Daily Rate $965.00 1 $965.00
Subtotal: $1,615.00
SW/HW Support
Description Qty
MT-Warranty Guardian First Year HW Warranty 1
The Guardian first year warranty covers all Hardware for the first year.
47
Quote#000101 v5 ;`',- . Page:4 of 8
7lndependence Avenue
Derry, NH 03038C ',` /1
((http://www.akassociates911.com/ 0((((`. ( 44
(603)432-5755
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Description Price Qty Ext.Price
IN-TT911-PP Text-TO-911(web or MSRP) $0.048 13802 $6,625.344
Unit Price is per Year(per month cost is .004) 8
IN-IPC-PC INdigital provided IP connectivity(2 circuits) $1,169.50 12 $14,034.00
Unit price is per month
Discount Discount ($3,792.00) 1 ($3,792.00)
Discount-Credit from previous purchase of 8 Textto 911 Positions-
NOTE THIS IS A ONE TIME DISCOUNT
Subtotal: $16,867.34
INdigital Nonrecurring Costs
Description Price Qty Ext.Price
IN450059 ECRF setup $1,500.00 1 $1,500.00
IN450150 Carrier Coordination $2,500.00 1 $2,500.00
IN450151 Network Setup labor $500.00 1 $500.00
IN-NTD Network Termination device $800.00 2 $1,600.00
Please note that if Indian River County moves to INdigital's ESInet, a credit of$1,600 for the cost of the network termination
devices will be applied to the NRC.
Discount Discount ($3,000.00) 1 ($3,000.00)
Discount for(8)Text to 911 positions for Indigital.
Subtotal: $3,100.00
Options * Optional
Description Price Qty Ext. Price
MT-OR-ASC SBC Net-Net ASC 5 Year Maintenance $272.25 10 $2,722.50
MT-OR-ASC-25 +25 Session Lic Net-Net ASC Maint 5 Year $31.77 20 $635.40
MT-HSGUARD- Hardware Support-Years 2 through 5 $270.76 1 $270.76
0205
If Purchased Upfront-(Provides a$35.00 savings with this option
versus buying support annually)
*Optional Subtotal: $3,628.66
48
Quote#000101 v5 - Page: 5 of 8
_ 7
,,
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7lndependence Avenue 1
Derry, NH 03038
http://www.akassociates911.com/
AKO(KKO((<
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Description Price Qty Ext.Price
ShippingFee Shipping and Handling $170.00 1 $170.00
Shipping and Handling
Subtotal: $170.00
49
Quote#000101 v5 'y`
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Page:6 of 8
i X-
7 Independence Avenue k
r
Derry, NH 03038 ; /
1
http://www.akassociates911.com/ AKOKO(KK ((
(603)432-5755
SSOCIATES
•
Text to/from 911
Prepared by: Prepared for: Quote Information:
AK Associates Indian River County,FL Quote#:000101
Julie Chase 4225 43rd Avenue Version:5
(603)432-5755 x.215 Vero Beach, FL 32967-1671 Delivery Date:09/16/2019
Fax(603)432-0900 Tina Smith Expiration Date: 11/14/2019
jchase@AKAssociates911.com (772)226-3854
tismith@ircgov.com
Quote Summary
Description =Amounts
Central Equipment A $1,593.90
Central Equipment B $778.55
PSAP 1-EOC $1,874.50
PSAP 2-SO $1,687.05
PSAP 3-SPD $749.80
PSAP 4-VB $749.80
Services $1,615.00
INDigital Recurring Costs $16,867.34
INdigital Nonrecurring Costs $3,100.00
Shipping $170.00
Total: $29,185.94
*Optional Expenses
Description One-Time
Options-SBC Net-Net ASC 5 Year Maintenance&Sessions,Hardware Support-Years 2 through 5 $3,628.66
Optional Subtotal: $3,628.66
Final Total
Description Amount
Quote Summary including Optional Expenses, Recurring and Nonrecurring Costs $32,814.60
Disclaimers:This quote is provided for the listed contact and is not to be shared or disseminated without written consent by AK Associates.
This quote null and voids any previous version.
50
Quote#000101 v5 Page:7 of 8
7 Independence Avenue
Derry, NH 03038 \ '''',`•-, ' '
httx//www.ak:ssociates911.com/ f.\1/4/ 1
(603)432-5755
NsSSOCIATES
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-k", ,,.........„--_ _ ____-_,-
Signature: Signature:
Name: Julie Chase Name:
Title: President Date:
Date: 09/16/2019
51
4,o, .. ,
Quote#000101 v5wr 1,( ..,?; Page:8 of 8
'
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Roland DeBlois,AICP; Community Development Director
Phillip J. Matson,AICP; MPO Staff Director
FROM: Brian Freeman,AICP;Senior Transportation Planner
DATE: November 1, 2019
SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT)for a Public Transportation Block Grant
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of November 12, 2019.
DESCRIPTION &CONDITIONS
Each year, Indian River County receives public transportation operating assistance through the
Florida Department of Transportation(FDOT) Public Transportation Block Grant program.The FDOT
Block.Grant funds are combined with local funds as a match towards federal transit operating
assistance received under 49 USC Ch. 53,Section 5307(also known as the Urbanized Area Formula
Grant program) and Section 5311 (also known as the Rural Area Formula Grant program). These
state and federal grant funds are passed through to the Senior Resource Association(SRA), Indian
River County's designated transit service provider.SRA operates the GoLine(fixed-route)and the
Community Coach (demand response)transit services.
For FY 2019/20,$580,817 has been allocated through the state Block Grant program to the county.
Because the Block Grant has a 50% match requirement, the county is required to provide a local
match of$580,817.As was the case in previous years, matching funds will come from the County's
normal transit allocation. Together, the Block Grant funds and local funds will be applied as a
local/state match towards $1,161,634 in federal operating assistance through the Section 5307
program ($1,085,456)and the Section 5311 program($76,178).As a result,the county will receive
$1,742,451 in combined federal and state transit operating assistance.
52
ANALYSIS
As with the FTA Section 5307 grant program,only public agencies may be designated recipients of
Block Grant funds Pursuant to state regulations, Block Grant funds may not exceed 50% of the
nonfederal share of total eligible transit operating expenses.Also,activities funded with Block Grant
funds must be consistent with applicable approved local government comprehensive and transit
plans. In this case, the provision of transit service is consistent with the MPO's adopted 10-year
Transit Development Plan and 2040 Long Range Transportation Plan.
To receive the Block Grant funds, the County must enter into a Public Transportation Grant
Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). The
attached resolution (Attachment #1) authorizes the Chairman of the Board of County
Commissioners to execute the PTGA for Public Transportation Block Grant funds.Upon the Board's
adoption of the resolution and the Chairman's execution of the PTGA,County staff will transmit the
grant agreement to FDOT. Once the PTGA has been executed by FDOT, the funds will be
transmitted to the County and passed along to the Senior Resource Association(SRA),the County's
public transportation provider.
FUNDING
Funding in the amount of$580,817 is budgeted and available in the General Fund/Community
Transportation Coordinator account(Account Number 00111041-088230).These funds are part of
the allocation given to the Senior Resource Association to provide transit service in the county.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the Public Transportation
Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement.
ATTACHMENTS
1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement
2. FDOT Public Transportation Grant Agreement
3. Grant Budget Form
53
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A
PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS,funding under the Florida Public Transit Block Grant Program may be used as a
portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and
WHEREAS, Indian River County intends to submit an FY 2019/20 application for funding
assistance under 49 USC Section 5307,with the required funding match to come from local funds and
an FY 2019/20 Florida Public Transportation Block Grant; and
WHEREAS, Indian River County is eligible to receive grant funding under Section
341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and
WHEREAS,the Florida Department of Transportation provides Public Transportation Block
Grant funds to Indian River County to assist in the continuance and expansion of local public
transportation services.
NOW,THEREFORE,BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
1. That the Chairman of the Indian River County Board of County Commissioners is authorized
to execute a Public Transportation Grant Agreement with the Florida Department of
Transportation to obtain FY 2019/20 Florida Public Transportation Block Grant funding to be
used as a partial match for operating assistance as part of the County's FY 2019/20 Section
5307 grant application.
2. That the Indian River County Community Development Director or his designee is authorized
to furnish such additional information as the Florida Department of Transportation may
require in connection with the County's FY 2019/20 Public Transportation Block Grant.
THIS RESOLUTION was moved for adoption by , and the
motion was seconded by , and, upon being put to a vote, the vote
was
as follows:
Chairman Bob Solari
Vice-Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
54
The Chairperson thereupon declared the resolution duly passed and adopted this 12th day
of November , 2019.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Bob Solari, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State
and County to take acknowledgments,personally appeared Bob Solari,as Chairman of the Board of
County Commissioners, and , as Deputy Clerk, to me known to be the
persons described in and who executed the foregoing instrument and they acknowledged before me
that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 12th day of
November , 2019.
Notary Public
APPROVED AS TO LEGAL SUFFICIENCY
SEAL:
BY:
Dylan Reingold,
County Attorney
APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS
BY:
Roland DeBlois, AICP, Director
Community Development Department
55
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 02/19
Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088774
(item-segment-phase-sequence) g ry'
407190-5-84-01 Work Activity Code/Function: 215 Object Code: 751000
Federal Number/Federal Award Org.Code: 55042010429
Identification Number(FAIN)—Transit only: Vendor Number: VF596000674006
Contract Number: Federal Award Date:
CFDA Number: N/A Agency DUNS Number: 79208989
CFDA Title: N/A
CSFA Number: 55.010
CSFA Title: Public Transit Block Grant Program
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into
, by and between the State of Florida, Department of Transportation,
("Department"), and Indian River County BOCC, ("Agency"). The Department and the Agency are sometimes
referred to in this Agreement as a"Party"and collectively as the"Parties."
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s)341.052,
Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in providing block grant funding for operating assistance to Indian River County for its urbanized area
public transportation., as further described in Exhibit"A", Project Description and Responsibilities,
attached and incorporated into this Agreement("Project"), to provide Department financial assistance to
the Agency, state the terms and conditions upon which Department funds will be provided, and to set
forth the manner in which the Project will be undertaken and completed.
3. Program Area. For identification purposes only,this Agreement is implemented as part of the Department
program area selected below(select all programs that apply):
_ Aviation
_ Seaports
X Transit
_ Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
4. Exhibits.The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities
X Exhibit B: Schedule of Financial Assistance
_ *Exhibit B1: Deferred Reimbursement Financial Provisions
*Exhibit B2: Advance Payment Financial Provisions
_ *Exhibit C: Terms and Conditions of Construction
X Exhibit D:Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F: Contract Payment Requirements
X *Exhibit G: Financial Assistance (Single Audit Act)
*Additional Exhibit(s):
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*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective
Date") and continue through December 31, 2024. If the Agency does not complete the Project within this
time period, this Agreement will expire unless an extension of the time period is requested by the Agency
and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The cost of any work performed prior to the
Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.
a. _ If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the_day of_,
or within _days of the issuance of the Notice to Proceed for the construction phase of the
Project (if the Project involves construction), whichever date is earlier. The Department shall
have the option to immediately terminate this Agreement should the Agency fail to meet the
above-required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not
be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the
prior written consent of the Department.
8. Termination or Suspension of Project.The Department may, by written notice to the Agency, suspend
any or all of the Department's obligations under this Agreement for the Agency's failure to comply with
applicable law or the terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected.
a. If the Department intends to terminate the Agreement,the Department shall notify the Agency
of such termination in writing at least thirty(30)days prior to the termination of the Agreement,
with instructions to the effective date of termination or specify the stage of work at which the
Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event,
the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Agency shall be paid
only for that work satisfactorily performed for which costs can be substantiated. Such payment,
however, may not exceed the equivalent percentage of the Department's maximum financial
assistance. If any portion of the Project is located on the Department's right-of-way, then all
work in progress on the Department right-of-way will become the property of the Department
and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this
Agreement, the Agency shall promptly refund in full to the Department within thirty(30) days
of the termination of the Agreement any funds that were determined by the Department to
have been expended in violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
9. Project Cost:
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a. The estimated total cost of the Project is$1,161,634.This amount is based upon Exhibit"B",
Schedule of Financial Assistance.The timeline for deliverables and distribution of estimated
amounts between deliverables within a grant phase, as outlined in Exhibit"B", Schedule of
Financial Assistance, may be modified by mutual written agreement of the Parties and does
not require execution of an Amendment to the Public Transportation Grant Agreement.
The timeline for deliverables and distribution of estimated amounts between grant phases
requires an amendment executed by both Parties in the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of
$580,817 and, the Department's participation in the Project shall not exceed 50.00% of the
total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of
Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of
the Department's participation and any cost overruns or deficits involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as
described in Exhibit "A", Project Description and Responsibilities, and as set forth in
Exhibit"B",Schedule of Financial Assistance.
b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion. The Project and the
quantifiable, measurable, and verifiable units of deliverables are described more fully in
Exhibit"A", Project Description and Responsibilities. Modifications to the deliverables in
Exhibit "A", Project Description and Responsibilities requires a formal written
amendment.
c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail
sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and
verifiable deliverables as established in Exhibit "A", Project Description and
Responsibilities. Deliverables and costs incurred must be received and approved by the
Department prior to reimbursement. Requests for reimbursement by the Agency shall include
an invoice, progress report, and supporting documentation for the deliverables being billed
that are acceptable to the Department. The Agency shall use the format for the invoice and
progress report that is approved by the Department.
d. Supporting Documentation. Supporting documentation must establish that the deliverables
were received and accepted in writing by the Agency and must also establish that the required
minimum standards or level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A", Project Description and
Responsibilities has been met. All costs invoiced shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of charges as described in Exhibit"F", Contract Payment Requirements.
e. Travel Expenses.The selected provision below is controlling regarding travel expenses:
X Travel expenses are NOT eligible for reimbursement under this Agreement.
Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel
expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061,
Florida Statutes, and the most current version of the Department's Disbursement Handbook
for Employees and Managers.
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f. Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the
Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department
determines that the performance of the Agency is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a time-
frame to be specified by the Department. The Agency shall,within sixty(60)days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will address all issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department, the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days,a separate interest penalty ata rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an Agency
because of Agency preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at(850)413-5516.
h. Records Retention.The Agency shall maintain an accounting system or separate accounts
to ensure funds and projects are tracked separately. Records of costs incurred under the terms
of this Agreement shall be maintained and made available upon request to the Department at
all times during the period of this Agreement and for five years after final payment is made.
Copies of these records shall be furnished to the Department upon request. Records of costs
incurred include the Agency's general accounting records and the Project records, together
with supporting documents and records, of the Contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the
Department in the standard format used by the Department and at intervals established by the
Department.The Department will be entitled at all times to be advised,at its request,as to the
status of the Project and of details thereof.
j. Submission of Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts, and other documents relating to the Project as the Department
may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to
and incorporated into this Agreement.
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k. Offsets for Claims.If,after Project completion,any claim is made by the Department resulting
from an audit or for work or services performed pursuant to this Agreement, the Department
may offset such amount from payments due for work or services done under any agreement
that it has with the Agency owing such amount if,upon written demand,payment of the amount
is not made within 60 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
I. Final Invoice. The Agency must submit the final invoice on the Project to the Department
within 120 days after the completion of the Project. Invoices submitted after the 120-day time
period may not be paid.
m. Department's Performance and Payment Contingent Upon Annual Appropriation by the
Legislature. The Department's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Department's funding for
this Project is in multiple fiscal years, a notice of availability of funds from the Department's
project manager must be received prior to costs being incurred by the Agency. See Exhibit
"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are
available.
n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this
Agreement is in excess of$25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any
liability,or enter into any contract which,by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of
this subsection is null and void, and no money may be paid on such contract.
The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such contract
or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so
made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an
amount in excess of$25,000 and which have a term for a period of more than
1 year."
o. Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency in violation of this Agreement or any other applicable law or
regulation shall be promptly refunded in full to the Department.Acceptance by the Department
of any documentation or certifications, mandatory or otherwise permitted,that the Agency files
shall not constitute a waiver of the Department's rights as the funding agency to verify all
information at a later date by audit or investigation.
p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude
all Project costs incurred by the Agency prior to the execution of this Agreement,costs incurred
after the expiration of the Agreement, costs that are not provided for in Exhibit"A", Project
Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial
Assistance,costs agreed to be borne by the Agency or its contractors and subcontractors for
not meeting the Project commencement and final invoice time lines, and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
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in writing by the Department. Specific unallowable costs may be listed in Exhibit"A", Project
Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the
Agency's design consultant and/or construction contractor has secured the necessary permits.
b. Right-of-Way Certification. If the Project involves construction,then the Agency shall provide
to the Department certification and a copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has been obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department's Right-of-
Way. In the event the cost of the Project is greater than$250,000.00, and the Project involves
construction on the Department's right-of-way, the Agency shall provide the Department with
written notification of either its intent to:
i. Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
ii. Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. _ If this box is checked,then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing its own forces,the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. _If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
i. _Agency has selected to seek reimbursement from the Department for actual indirect
expenses(no rate).
ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct
costs. Note: The de minimus rate is available only to entities that have never had a
negotiated indirect cost rate. When selected, the de minimus rate must be used
consistently for all federal awards until such time the agency chooses to negotiate a
rate. A cost policy statement and de minimis certification form must be submitted to
the Department for review and approval.
iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A
federally approved rate agreement or indirect cost allocation plan (ICAP) must be
submitted annually.
f. Agency Compliance with Laws,Rules,and Regulations,Guidelines,and Standards.The
Agency shall comply and require its contractors and subcontractors to comply with all terms
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project.
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
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best efforts to obtain the Department's input in its decisions. The Department is not obligated
to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
a. Approval of Third Party Contracts.The Department specifically reserves the right to review
and approve any and all third party contracts with respect to the Project before the Agency
executes or obligates itself in any manner requiring the disbursement of Department funds,
including consultant and purchase of commodities contracts, or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the
Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the
Department. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of
the same. If Federal Transit Administration (FTA) funds are used in the Project, the
Department must exercise the right to third party contract review.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,
Florida Statutes. The Agency's Authorized Official shall certify to the Department that the
Agency's purchase of commodities or contractual services has been accomplished in
compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the
Agency to ensure that any obligations made in accordance with this Section comply with the
current threshold limits. Contracts, purchase orders, task orders, construction change orders,
or any other agreement that would result in exceeding the current budget contained in Exhibit
"B", Schedule of Financial Assistance, or that is not consistent with the Project description
and scope of services contained in Exhibit "A", Project Description and Responsibilities
must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency, where said
project involves a consultant contract for professional services, is contingent on the Agency's
full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive
Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The Agency and its contractors agree to
ensure that DBEs have the opportunity to participate in the performance of this Agreement.
In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the DBEs
have the opportunity to compete for and perform contracts. The Agency and its contractors
and subcontractors shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of contracts, entered pursuant to this Agreement.
13. Maintenance Obligations.In the event the Project includes construction or the acquisition of commodities
then the following provisions are incorporated into this Agreement:
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a. The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all improvements constructed or commodities acquired as part of
the Project. The terms of this provision shall survive the termination of this Agreement.
14. Sale,Transfer, or Disposal of Department-funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other
interests in real property,facilities, or equipment funded in any part by the Department under
this Agreement without prior written approval by the Department.
b. If a sale,transfer, or disposal by the Agency of all or a portion of Department-funded real
property, facilities, or equipment is approved by the Department, the following provisions will
apply:
i. The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department-funded property.
ii. The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount, and shall be remitted to the Department within ninety(90)
days of closing of sale.
iii. Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process, and the contract and
process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
c. The terms of provisions"a" and"b"above shall survive the termination of this Agreement.
i. The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility, but shall
not exceed twenty(20)years from the effective date of this Agreement.
ii. There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of Federal awards or State financial assistance or limit the authority of any state
agency inspector general,the State of Florida Auditor General,or any other state official.The Agency shall
comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —
Audit Requirements, monitoring procedures may include but not be limited to on-site visits by
Department staff and/or other procedures, including reviewing any required performance and
financial reports,following up, ensuring corrective action, and issuing management decisions
on weaknesses found through audits when those findings pertain to Federal awards provided
through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department.The Agency further agrees to comply and cooperate with any
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inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer(CFO), or State of Florida Auditor General.
b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F — Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through this
Agreement, is subject to the following requirements:
i. In the event the Agency expends a total amount of Federal awards equal to or in
excess of the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, the Agency must have a Federal single or program-specific audit
conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200,
Subpart F—Audit Requirements. Exhibit "G", Financial Assistance (Single Audit
Act),to this Agreement provides the required Federal award identification information
needed by the Agency to further comply with the requirements of 2 CFR Part 200,
Subpart F—Audit Requirements. In determining Federal awards expended in a fiscal
year, the Agency must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including the Federal award provided
through the Department by this Agreement.The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by 2 CFR
Part 200, Subpart F—Audit Requirements.An audit conducted by the State of Florida
Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F —
Audit Requirements,will meet the requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F —
Audit Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part
200, Subpart F—Audit Requirements, in Federal awards, the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at
FDOTSingleAudit(a,dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agencyexpends
less than the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F —Audit
Requirements,the cost of the audit must be paid from non-Federal resources(i.e.,the
cost of such an audit must be paid from the Agency's resources obtained from other
than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census.qov/facweb/ the audit reporting package as required by 2
CFR Part 200, Subpart F—Audit Requirements,within the earlier of 30 calendar days
after receipt of the auditor's report(s)or nine months after the end of the audit period.
The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F
—Audit Requirements.However,the Department requires a copy of the audit reporting
package also be submitted to FDOTSinaleAudit(a.dot.state.fl.us within the earlier of
30 calendar days after receipt of the auditor's report(s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F—Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will
review the Agency's audit reporting package, including corrective action plans and
management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an
audit conducted in accordance with 2 CFR Part 200, Subpart F—Audit Requirements,
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the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing
additional conditions, the Department may take appropriate actions to enforce
compliance,which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department;
2. Disallow(deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and Federal awarding agency regulations (or in the case of the
Department, recommend such a proceeding be initiated by the Federal
awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award,the Agency shall permit the Department
or its designee, the CFO, or State of Florida Auditor General access to the Agency's
records,including financial statements,the independent auditor's working papers,and
project records as necessary. Records related to unresolved audit findings, appeals,
or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAuditna dot.state.fl.us
State Funded:
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes,
monitoring procedures to monitor the Agency's use of state financial assistance may include
but not be limited to on-site visits by Department staff and/or other procedures, including
reviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this
Agreement. By entering into this Agreement,the Agency agrees to comply and cooperate fully
with any monitoring procedures/processes deemed appropriate by the Department. The
Agency further agrees to comply and cooperate with any inspections, reviews, investigations,
or audits deemed necessary by the Department,the Department of Financial Services(DFS),
or State of Florida Auditor General.
b. The Agency, a"nonstate entity"as defined by Section 215.97, Florida Statutes, as a recipient
of state financial assistance awarded by the Department through this Agreement, is subject to
the following requirements:
i. In the event the Agency meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency must have a State single or project-
specific audit conducted for such fiscal year in accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "G", Financial Assistance
(Single Audit Act), to this Agreement indicates state financial assistance awarded
through the Department by this Agreement needed by the Agency to further comply
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with the requirements of Section 215.97, Florida Statutes. In determining the state
financial assistance expended in a fiscal year, the Agency shall consider all sources
of state financial assistance, including state financial assistance received from the
Department by this Agreement, other state agencies, and other nonstate entities.
State financial assistance does not include Federal direct or pass-through awards
and resources received by a nonstate entity for Federal program matching
requirements.
ii. In connection with the audit requirements, the Agency shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2)(e),
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
iii. In the event the Agency does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from
the state single audit requirements of Section 215.97, Florida Statutes. However,the
Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit(a.dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency does
not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from the Agency's resources (i.e., the cost of such an audit must be paid from the
Agency's resources obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit(cD.dot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email:flaudgen localgovta,,aud.state.fl.us
v. Any copies of financial reporting packages, reports, or other information required to
be submitted to the Department shall be submitted timely in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
vi. The Agency, when submitting financial reporting packages to the Department for
audits done in accordance with Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
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vii. Upon receipt, and within six months, the Department will review the Agency's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial
assistance provided through the Department by this Agreement. If the Agency fails
to have an audit conducted consistent with Section 215.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Agency shall permit the
Department or its designee, DFS, or the Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers,
and project records as necessary. Records related to unresolved audit findings,
appeals, or litigation shall be retained until the action is complete or the dispute is
resolved.
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report is issued and shall allow
the Department or its designee, DFS, or State of Florida Auditor General access to such
records upon request. The Agency shall ensure that the audit working papers are made
available to the Department or its designee, DFS, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in
writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing
from the Parties' respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid 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 any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, maynot submit a bid on a contract toprovide goods or
P 9
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 any public entity; and may not transact
business with any public entity.
c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended,revoked,denied,or have further been determined by the Department
to be a non-responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature,judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
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e. Unauthorized Aliens. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If
the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255,
Florida Statutes,for construction services and at the time of the competitive solicitation for the
Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated
funds, then the Agency must comply with the requirements of Section 255.0991, Florida
Statutes.
g. E-Verify.The Agency shall:
i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the
contract; and
ii. Expressly require any subcontractors performing work or providing services pursuant
to the state contract to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
18. Indemnification and Insurance:
a. It is specifically agreed between the Parties executing this Agreement that it is not intended
by any of the provisions of any part of this Agreement to create in the public or any member
thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
this Agreement to maintain a suit for personal injuries or property damage pursuant to the
terms or provisions of this Agreement. The Agency guarantees the payment of all just claims
for materials, supplies, tools, or labor and other just claims against the Agency or any
subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law
and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the
Agency shall indemnify and hold harmless 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 Agency and persons
employed or utilized by the Agency in the performance of this Agreement.This indemnification
shall survive the termination of this Agreement. Nothing contained in this paragraph is
intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign
immunity. Additionally, the Agency agrees to include the following indemnification in all
contracts with contractors/subcontractors and consultants/subconsultants who perform work
in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and
hold harmless the Agency 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/consultant and
persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity."
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b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that the
subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),
ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c. If the Agency elects to self-perform the Project,then the Agency may self-insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance.Such
coverage shall be on an"occurrence" basis and shall include Products/Completed Operations
coverage.The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage
described herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policy/ies or coverage described herein may contain or be subject to a
Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of
the State of Florida that elects to self-perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The Department shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein.The Department's approval or failure to disapprove any policy/ies,
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass
or underpass structure, or any other work or operations within the limits of the railroad right-
of-way, including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO
Form CG 00 35) where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence,and with an annual aggregate limit of not less than$6,000,000.The railroad shall
also be added along with the Department as an Additional Insured on the policy/ies procured
pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal
periods which occur prior to final acceptance of the work, both the Department and the railroad
shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work. Both the Department and the railroad shall be notified in writing within
ten days of any cancellation, notice of cancellation, renewal,or proposed change to any policy
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GRANT AGREEMENT
or coverage described herein. The Department's approval or failure to disapprove any
policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have.
e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non-Admission of Liability. In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of
covenant or any default which may then exist on the part of the Agency and the making of
such payment by the Department,while any such breach or default shall exist, shall in no way
impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
c. Severability. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected. In such an instance, the remainder would then continue to
conform to the terms and requirements of applicable law.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has
not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its application for the financing hereunder.
f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
contravention of any applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing so that
appropriate changes and modifications may be made by the Department and the Agency to
the end that the Agency may proceed as soon as possible with the Project.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute the same
Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf
of a party will be legal and binding on such party.
h. Federal Award Identification Number(FAIN). If the FAIN is not available prior to execution
of the Agreement, the Department may unilaterally add the FAIN to the Agreement without
approval of the Agency and without an amendment to the Agreement. If this occurs, an
updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the
Department of Financial Services' Florida Accountability Contract Tracking System (FACTS).
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i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5),
Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
j. Law,Forum,and Venue.This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. In the event of a conflict between any portion of the
contract and Florida law,the laws of Florida shall prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue in which any dispute
under this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
AGENCY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: By:
Name: Name: Steven C. Braun, P.E.
Title: Title: Director of Transportation Development
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
Legal Review:
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EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency's project to provide context, description of project components funded
via this Agreement(if not the entire project)): To Provide block grant funding for operating assistance to Indian River
County for its urbanized area public transportation.
B. Project Location (limits, city, county, map): Indian River County BOCCNero Beach, FUlndian River
C. Project Scope(allowable costs: describe project components, improvement type/service type, approximate
timeline, project schedule, project size): To Provide block grant funding for operating assistance to Indian River County
for its urbanized area public transportation.
D. Deliverable(s): 1)Submit a copy of the national Transit Data Base(Section 5335)report submitted to FTA or FTA
acknowledgement letter as soon as available.
2)Submit for approval the performance measure identified in Table A-1 Required Performance Measure for
Newspaper Publication of FDOT Procedure 725-030-030 each year, as identified below:
Passenger Trips
Revenue Miles
Total Operating Revenue
Operating Revenue
Vehicles Operating in Maximum Service
Base Fare
Revenue Miles Between Vehicle Systems Failures
Days/Hours Service is Available
Operating Expense per Passenger Trip
3)Submit the publisher's affidavit from newspaper covering the transit service area that the performance measures
identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030
were published each year after the Department written approval.
4)Submit a copy of the Transit Development Plan (TDP)annual progress report or updates each year
5)Submit quarterlyprogress reports via TransCIP, the web-based stategrant management software, bylogging into
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9 9
http://www2.transcip.com
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6)Submit an invoice on the project at least every quarter or they may specify in an email to the Department Project
Manager.The email must be provided in the invoice packet provide to the department. The Agency shall upload a
copy of invoice to TransCIP and email the original to D4OMDID@dot.state.fl.us for processing.
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice
purposes will be the incremental progress made toward completion of project scope elements. Supporting
documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of
incremental progress that has been made, and provide evidence that the payment requested is commensurate with
the accomplished incremental progress and costs incurred by the Agency.
E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal
cell phones, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens,
congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items.
F.Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that
matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for
Transit Operating Grants.
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EXHIBIT B
Schedule of Financial Assistance
TRANSIT OPERATING ONLY
FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
FLAIR Object CSFA/CFDA Title
Financial State CSFA/
Project Fund Category Fiscal Code CFDA or Funding Amount
Number Type Year Number Funding Source
Description
407190-5-84- Public Transit Block
01 DPTO 088774 2020 751000 55.010 Grant Program $580,817
407190-5-84- LF 088774 2020 751000 55.010 Public Transit Block $580,817
01 Grant Program
Total Financial Assistance $1,161,634
B. Operations Phase-Estimate of Project Costs by Budget Category:
Budget Categories
State Local Federal Total
Operations(Transit Only)*
Salaries $551,533 $551,533 $0 $1,103,066
Fringe Benefits $27,455 $27,455 $0 $54,910
Contractual Services $0 $0 $0 $0
Travel $0 $0 $0 $0
Other Direct Costs $1,829 $1,829 $0 $3,658
Indirect Costs $0 $0 $0 $0
Totals $580,817 $580,817 $0 $1,161,634
*Budget category amounts are estimates and can be shifted between items without
amendment(because they are all within the Operations Phase).
C. Cost Reimbursement
The Agency will submit invoices for cost reimbursement on a:
_Monthly
X Quarterly
Other:
basis upon the approval of the deliverables including the expenditure detail provided by the Agency.
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA
STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable,
reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
Paula Scott
Department Grant Manager Name
Signature Date
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EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
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EXHIBIT E
PROGRAM SPECIFIC TERMS AND CONDITIONS—TRANSIT
(For State Block Grant Only)
This exhibit forms an integral part of the Agreement between the Department and the Agency.
1. Statutory Reference. Section 341.052, F.S.
2. Eligibility.The Department shall provide block grant funds for eligible capital and operating costs of public bus
transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in
Section 341.052(1), F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49
U.S.C. 5311 respectively.
a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal
Transit Administration.
b) Eligible transit operating costs are the total administrative, management, and operation costs directly
incident to the provision of public bus transit services, excluding any depreciation or amortization of
capital assets.
3. Local Revenue Limits. Block grant funds shall not exceed local revenue during the term of this Agreement.
Local revenue is defined as the sum of money received from local government entities to assist in paying
transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service,
contract service, express service and non -transportation activities.
4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for
operations in the year immediately preceding this Agreement.
5. State Participation. State participation in eligible public transit operating costs may not exceed fifty(50)
percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising
revenue and federal funds, received by the provider for operating costs, whichever amount is less.
6. Required Audit.The Agency shall require the independent auditor, retained to perform the audit as required
by the Single Audit Act of 1984, to specifically test and certify that these limitations(..:funds shall not exceed
local revenue...funds shall not be expended for depreciation or amortization of capital assets...funds shall not
supplant local tax revenues made available for operations in the previous year)of the block grant program as
delineated in Section 341.052, F.S., have been adhered to.
7. Required Budget. The Agency shall provide the Department with two (2)copies of its most current adopted
budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database
(NTD) report, the copy provided to the Department will indicate how the projections for total local revenue,
local tax revenue made available for operations, and depreciation and amortization costs, as they will appear
in the NTD report, can be identified.
8. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local
newspaper of its area, in the format prescribed by the Department, the productivity and performance measures
established for the transit providers most recently completed fiscal year and the prior fiscal year. This report
shall be approved by the Department prior to its publication. This report shall be submitted to the Department
no later than November 15 of each year, and published either by December 31 or no later than twenty-eight
(28)calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of
publication to the Department within twenty eight(28)calendar days of publication.
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9. Annual Plan or Update.The Agency shall submit a Transit Development Plan (TDP)or annual update to the
Department by September 1 of each year.
a) As a separate part of the transit development plan or annual report, the Agency will address potential
enhancements to productivity and performance which would have the effect of increasing farebox ratio
pursuant to Section 341.071(2), F.S.
b) A TDP shall conform to the requirements in Rule 14-73, available at:
http://fac.dos.state.fl.us/faconline/chapterl4.pdf.
10. Safety Requirements. Mark the required Safety submittal or provisions for this Agreement if applicable:
Bus Transit System—In accordance with Section 341.061, F.S., and Rule 14-90, Florida
Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety
certification that the Agency has adopted and is complying with its adopted System Safety and Security
Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses
operated.
Fixed Guideway Transportation System (established)—In accordance with Section 341.061, F.S., the
Agency shall submit, and the Department shall have on file, annual certification by the Agency of
compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the
"Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014.
Fixed Guideway Transportation System—This applies to New Starts projects and subsequent major
projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment. In
accordance with Section 341.061, F.S., the Agency shall submit a certification attesting to the adoption
of a System Safety Program Plan pursuant to Rule 14-15.017 and the"Safety and Security Oversight
Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service
operations, the Agency shall submit a certification to the Department that the new start system or
major modification to an existing system is safe for passenger service.
Not Applicable.
11. Formula Information.As authorized in Section 341.052, F.S., the annual appropriation in the program is
divided by formula and then distributed to each eligible transit system. The formula described below is
adjusted each year based on data received from the transit systems'federally required National Transit Data
(NTD) report.A copy of the NTD report is required to be sent to the Department each year.
Distribution is accomplished through a multiple step process. 15%of the appropriation is given to the
Commission for the Transportation Disadvantaged to be distributed to the Community Transportation
Coordinators in accordance with Chapter 427, F.S.The remaining 85% is divided into three equal portions.
Each eligible transit system gets a percentage of the first portion based on their percentage of total population
served; the second portion is allocated based on their percentage of total revenue miles of service provided;
and the third portion is allocated based on their percentage of total passengers carried. The total from all three
portions is the total available allocation for each eligible transit system in the state.
--End of Exhibit E--
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EXHIBIT F
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category(salary,
travel,expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being
claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being
claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks.
Each piece of documentation should clearly reflect the dates of service.Only expenditures for categories in the approved
agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to
the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries:A payroll register or similar documentation should be submitted. The payroll register should show
gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is
being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: 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 or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of the property to the
State when services are terminated. Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes,for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies,and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address http://www.mvfloridacfo.com/aadir/reference guide/.
78
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 06/19
EXHIBIT G
STATE FINANCIAL ASSISTANCE(FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:-
Awarding Agency: Florida Department of Transportation
State Project Title: Public Transit Block Grant Program
CSFA Number: 55.010
*Award Amount: $580,817
*The award amount may change with amendments
Specific project information for CSFA Number 55.010 is provided at: https://apps.fldfs.com/fsaa/searchCataloq.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.010 are provided at:
https://apps.fldfs.com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
79
GRANT NAME: Florida Public Transportation Block Grant GRANT#: NA
AMOUNT OF GRANT: $580.817
DEPARTMENT RECEIVING GRANT:Community Development(pass through to Senior Resource Association)
CONTACT PERSON:Brian Freeman PHONE#:(772)226-1990
1. How long is the grant for? Five Years Starting Date:January 1,2020
2. Does the grant require you to fund this function after the grant is over? Yes X No
3. Does the grant require a match? X Yes No
If yes,does the grant allow the match to be In Kind Services? Yes No
4. Percentage of grant to match: 50
5. Grant match amount required:$ 580,817
6. Where are the matching funds coming from(i.e.In Kind Services,Reserve for Contingency?
$580,817 County match already budgeted in general fund
7. Does the grant cover capital costs or start-up costs? Yes X No
If no,how much do you think will be needed in capital costs or start-up costs?
(Attach a detailed listing of costs.)
8. Are you adding any additional positions utilizing the grant 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 Life and Health Insurance
012.14 Worker's Compensation
012.17 Soc.Sec.Medicare Matching
TOTAL
9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel,and operating?
Salaries and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the County over five years?$580.817
11111111111.11 Grant Amount Other Matching Costs Match Total
First Year $580,817 $ $580,817(County Match) $1,161,634
Second Year $ $ $ $
Third Year $ $ $ $
Fourth Year $ $ $ $
Fifth Year $ $ $ $
80
0•
•
INDIRIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Roland DeBlois,AICP; Community Development Director
Phillip J. Matson,AICP; MPO Staff Director
FROM: Brian Freeman,AICP;Senior Transportation Planner
DATE: November 1, 2019
SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT)for a Section 5311 Grant
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of November 12, 2019.
DESCRIPTION &CONDITIONS
Each year, Indian River County receives transit operating assistance under 49 USC Ch. 53,Section
5311(also known as the Formula Grants for Rural Areas program)through the Florida Department
of Transportation (FDOT). These grant funds have been passed through to the Senior Resource
Association (SRA), Indian River County's designated transit service provider.
According to federal regulations, Formula Grants for Rural Areas funds may be used to provide
transit service to rural or small urban areas. Such transit service includes fixed route service
(GoLine) and demand-response service (Community Coach).
For FY 2019/20,$76,178 in Section 5311 funds is allocated to the county. In this case,the grant has
a 50% nonfederal match requirement for operating assistance. Matching funds will consist of
$38,089 from the state Public Transportation Block Grant and$38,089 from the County's normal
transit allocation. No additional local funds are necessary.
While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program
within the state of Florida. In order to receive these funds, the BCC must enter into a Public
Transportation Grant Agreement(PTGA)with FDOT,a copy of which is attached to this staff report
(Attachment 2).
81
ANALYSIS
The County receives most of its transit funding through the federal Section 5307(Urban Area)grant
program. Because a portion of Indian River County is designated as rural,the County is also eligible
to receive transit funding through the Section 5311(Rural Area)grant program.
The attached resolution (Attachment 1) authorizes the Chairman of the Board of County
Commissioners to execute the PTGA for Formula Grants for Rural Areas funds. Upon the Board's
adoption of the resolution and the Chairman's execution of the PTGA,County staff will transmit the
PTGA to FDOT. Once the PTGA has been executed by FDOT, the funds will be transmitted to the
County and passed along to the Senior Resource Association (SRA), the County's public
transportation provider,so that the SRA can continue providing fixed route and demand-response
transit service to rural areas of the county. The provision of such service is consistent with the
findings of the MPO's adopted 10-year Transit Development Plan and 2040 Long Range
Transportation Plan.
FUNDING
Funding in the amount of $38,089 is budgeted and available in the General Fund / Community
Transportation Coordinator account. Funding for this expenditure is part of the allocation given to
the Senior Resource Association to provide transit service in the county.
Account Number 00111041-088230
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the Public Transportation
Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement.
ATTACHMENTS
1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement
2. FDOT Public Transportation Grant Agreement
3. Grant Budget Form
•
82
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A
PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS,Indian River County has the authority to apply for and accept grants and make
purchases and/or expend funds pursuant to grant awards made by the Florida Department of
Transportation as authorized by Chapter 341, Florida Statutes and/or the Federal Transit
Administration Act of 1964, as amended; and
WHEREAS, Indian River County is eligible to receive grant funding under Section
341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and
WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural
Areas funds to Indian River County to assist in the continuance and expansion of local public
transportation services.
NOW,THEREFORE,BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
1. That the Chairman of the Indian River County Board of County Commissioners is authorized
to execute a Public Transportation Grant Agreement with the Florida Department of
Transportation to obtain $76,178 in FY 2019/20 Formula Grants for Rural Areas (Section
5311) funds for operating assistance as part of the County's ongoing public transportation
service.
2. That the Indian River County Community Development Director is authorized to furnish such
additional information as the Florida Department of Transportation may require in connection
with the County's Rural Area Formula Grant.
THIS RESOLUTION was moved for adoption by , and the
motion was seconded by , and, upon being put to a vote, the vote
was
as follows:
Chairman Bob Solari
Vice-Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
The Chairperson thereupon declared the resolution duly passed and adopted this 12th day
of November , 2019.
83
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Bob Solari, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State
and County to take acknowledgments,personally appeared Bob Solari,as Chairman of the Board of
County Commissioners, and , as Deputy Clerk, to me known to be the
persons described in and who executed the foregoing instrument and they acknowledged before me
that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 12th day of
November , 2019.
Notary Public
APPROVED AS TO LEGAL SUFFICIENCY
SEAL:
BY:
Dylan Reingold,
County Attorney
APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS
BY:
Roland DeBlois, AICP, Director
Community Development Department
84
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGCO2/19
Financial Project Number(s): Fund(s): DU, LF FLAIR Category: 088774
(item-segment-phase-sequence) g ry'
407182-3-84-01 Work Activity Code/Function: 215 Object Code: 780000
Federal Number/Federal Award Org.Code: 55042010429
Identification Number(FAIN)—Transit only: Vendor Number: VF
596000674006
Contract Number: G1 F64 Federal Award Date:
CFDA Number: 20.509 Agency DUNS Number: 79208989
CFDA Title: Formula Grants for Rural Areas
CSFA Number: N/A
CSFA Title: N/A
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into
, by and between the State of Florida, Department of Transportation,
("Department"), and Indian River County BOCC, ("Agency"). The Department and the Agency are sometimes
referred to in this Agreement as a"Party" and collectively as the"Parties."
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s)341.000,
Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in 5311 funding for operating assistance to Indian River County BOCC for its non-urbanized area public
transportation, as further described in Exhibit "A", Project Description and Responsibilities, attached
and incorporated into this Agreement("Project"), to provide Department financial assistance to the
Agency, state the terms and conditions upon which Department funds will be provided, and to set forth
the manner in which the Project will be undertaken and completed.
3. Program Area. For identification purposes only,this Agreement is implemented as part of the Department
program area selected below(select all programs that apply):
Aviation
_ Seaports
X Transit
_ Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities
X Exhibit B: Schedule of Financial Assistance
_
*Exhibit B1: Deferred Reimbursement Financial Provisions
*Exhibit B2: Advance Payment Financial Provisions
*Exhibit C: Terms and Conditions of Construction
X Exhibit D:Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F: Contract Payment Requirements
X *Exhibit G: Financial Assistance(Single Audit Act)
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GRANT AGREEMENT
*Additional Exhibit(s):
*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective
Date") and continue through December 31, 2024. If the Agency does not complete the Project within this
time period, this Agreement will expire unless an extension of the time period is requested by the Agency
and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The cost of any work performed prior to the
Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.
a. If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the_day of_,
or within _ days of the issuance of the Notice to Proceed for the construction phase of the
Project (if the Project involves construction), whichever date is earlier. The Department shall
have the option to immediately terminate this Agreement should the Agency fail to meet the
above-required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not
be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the
prior written consent of the Department.
8. Termination or Suspension of Project.The Department may, by written notice to the Agency, suspend
any or all of the Department's obligations under this Agreement for the Agency's failure to comply with
applicable law or the terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected.
a. If the Department intends to terminate the Agreement,the Department shall notify the Agency
of such termination in writing at least thirty(30)days prior to the termination of the Agreement,
with instructions to the effective date of termination or specify the stage of work at which the
Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event,
the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Agency shall be paid
only for that work satisfactorily performed for which costs can be substantiated. Such payment,
however, may not exceed the equivalent percentage of the Department's maximum financial
assistance. If any portion of the Project is located on the Department's right-of-way, then all
work in progress on the Department right-of-way will become the property of the Department
and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this
Agreement, the Agency shall promptly refund in full to the Department within thirty(30) days
of the termination of the Agreement any funds that were determined by the Department to
have been expended in violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
9. Project Cost:
86
PUBLIC TRANSPORTATION DEVELOPMENT
GRANT AGREEMENT OGC 02/19
a. The estimated total cost of the Project is $152,356. This amount is based upon Exhibit"B",
Schedule of Financial Assistance.The timeline for deliverables and distribution of estimated
amounts between deliverables within a grant phase, as outlined in Exhibit"B", Schedule of
Financial Assistance, may be modified by mutual written agreement of the Parties and does
not require execution of an Amendment to the Public Transportation Grant Agreement.
The timeline for deliverables and distribution of estimated amounts between grant phases
requires an amendment executed by both Parties in the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of
$76,178 and,the Department's participation in the Project shall not exceed 50.00%of the total
eligible cost of the Project,and as more fully described in Exhibit"B",Schedule of Financial
Assistance. The Agency agrees to bear all expenses in excess of the amount of the
Department's participation and any cost overruns or deficits involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as
described in Exhibit "A", Project Description and Responsibilities, and as set forth in
Exhibit"B", Schedule of Financial Assistance.
b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion. The Project and the
quantifiable, measurable, and verifiable units of deliverables are described more fully in
Exhibit"A", Project Description and Responsibilities. Modifications to the deliverables in
Exhibit "A", Project Description and Responsibilities requires a formal written
amendment.
c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail
sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and
verifiable deliverables as established in Exhibit "A", Project Description and
Responsibilities. Deliverables and costs incurred must be received and approved by the
Department prior to reimbursement. Requests for reimbursement by the Agency shall include
an invoice, progress report, and supporting documentation for the deliverables being billed
that are acceptable to the Department. The Agency shall use the format for the invoice and
progress report that is approved by the Department.
d. Supporting Documentation. Supporting documentation must establish that the deliverables
were received and accepted in writing by the Agency and must also establish that the required
minimum standards or level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A", Project Description and
Responsibilities has been met. All costs invoiced shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of charges as described in Exhibit"F", Contract Payment Requirements.
e. Travel Expenses.The selected provision below is controlling regarding travel expenses:
X Travel expenses are NOT eligible for reimbursement under this Agreement.
Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel
expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061,
Florida Statutes, and the most current version of the Department's Disbursement Handbook
for.Employees and Managers.
87
PUBLIC TRANSPORTATION DEVELOPMENT
GRANT AGREEMENT OGC 02/19
f. Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the
Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department
determines that the performance of the Agency is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a time-
frame to be specified by the Department. The Agency shall, within sixty(60)days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will address all issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department, the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days,a separate interest penalty ata rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an Agency
because of Agency preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at(850)413-5516.
h. Records Retention.The Agency shall maintain an accounting system or separate accounts
to ensure funds and projects are tracked separately.Records of costs incurred under the terms
of this Agreement shall be maintained and made available upon request to the Department at
all times during the period of this Agreement and for five years after final payment is made.
Copies of these records shall be furnished to the Department upon request. Records of costs
incurred include the Agency's general accounting records and the Project records, together
with supporting documents and records, of the Contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the
Department in the standard format used by the Department and at intervals established by the
Department.The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof.
j. Submission of Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts, and other documents relating to the Project as the Department
may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to
and incorporated into this Agreement.
88
PUBLIC TRANSPORTATION DEVELOPMENT
GRANT AGREEMENT occozne
k. Offsets for Claims.If,after Project completion,any claim is made by the Department resulting
from an audit or for work or services performed pursuant to this Agreement, the Department
may offset such amount from payments due for work or services done under any agreement
that it has with the Agency owing such amount if,upon written demand,payment of the amount
is not made within 60 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
I. Final Invoice. The Agency must submit the final invoice on the Project to the Department
within 120 days after the completion of the Project. Invoices submitted after the 120-day time
period may not be paid.
m. Department's Performance and Payment Contingent Upon Annual Appropriation by the
Legislature. The Department's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Department's funding for
this Project is in multiple fiscal years, a notice of availability of funds from the Department's
project manager must be received prior to costs being incurred by the Agency. See Exhibit
"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are
available.
n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this
Agreement is in excess of$25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any
liability,or enter into any contract which,by its terms,involves the expenditure
of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of
this subsection is null and void, and no money may be paid on such contract.
The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such contract
or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so
made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an
amount in excess of$25,000 and which have a term for a period of more than
1 year."
o. Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency in violation of this Agreement or any other applicable law or
regulation shall be promptly refunded in full to the Department.Acceptance by the Department
of any documentation or certifications, mandatory or otherwise permitted,that the Agency files
shall not constitute a waiver of the Department's rights as the funding agency to verify all
information at a later date by audit or investigation.
p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude
all Project costs incurred by the Agency prior to the execution of this Agreement,costs incurred
after the expiration of the Agreement, costs that are not provided for in Exhibit"A", Project
Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial
Assistance,costs agreed to be borne by the Agency or its contractors and subcontractors for
not meeting the Project commencement and final invoice time lines, and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
89
GRANT AGREEMENT
in writing by the Department. Specific unallowable costs may be listed in Exhibit"A", Project
Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the
Agency's design consultant and/or construction contractor has secured the necessary permits.
b. Right-of-Way Certification. If the Project involves construction,then the Agency shall provide
to the Department certification and a copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has been obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department's Right-of-
Way. In the event the cost of the Project is greater than$250,000.00,and the Project involves
construction on the Department's right-of-way, the Agency shall provide the Department with
written notification of either its intent to:
i. Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
ii. Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. _If this box is checked,then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing its own forces,the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. _If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
i. _Agency has selected to seek reimbursement from the Department for actual indirect
expenses(no rate).
ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct
costs. Note: The de minimus rate is available only to entities that have never had a
negotiated indirect cost rate. When selected, the de minimus rate must be used
consistently for all federal awards until such time the agency chooses to negotiate a
rate. A cost policy statement and de minim is certification form must be submitted to
the Department for review and approval.
iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A
federally approved rate agreement or indirect cost allocation plan (ICAP) must be
submitted annually.
f. Agency Compliance with Laws,Rules,and Regulations,Guidelines,and Standards.The
Agency shall comply and require its contractors and subcontractors to comply with all terms
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project.
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
90
GRANT AGREEMENT
best efforts to obtain the Department's input in its decisions. The Department is not obligated
to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
a. Approval of Third Party Contracts.The Department specifically reserves the right to review
and approve any and all third party contracts with respect to the Project before the Agency
executes or obligates itself in any manner requiring the disbursement of Department funds,
including consultant and purchase of commodities contracts, or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the
Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the
Department. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of
the same. If Federal Transit Administration (FTA) funds are used in the Project, the
Department must exercise the right to third party contract review.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,
Florida Statutes. The Agency's Authorized Official shall certify to the Department that the
Agency's purchase of commodities or contractual services has been accomplished in
compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the
Agency to ensure that any obligations made in accordance with this Section comply with the
current threshold limits. Contracts, purchase orders, task orders, construction change orders,
or any other agreement that would result in exceeding the current budget contained in Exhibit
"B", Schedule of Financial Assistance, or that is not consistent with the Project description
and scope of services contained in Exhibit "A", Project Description and Responsibilities
must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency, where said
project involves a consultant contract for professional services, is contingent on the Agency's
full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive
Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The Agency and its contractors agree to
ensure that DBEs have the opportunity to participate in the performance of this Agreement.
In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the DBEs
have the opportunity to compete for and perform contracts. The Agency and its contractors
and subcontractors shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of contracts, entered pursuant to this Agreement.
13. Maintenance Obligations.In the event the Project includes construction or the acquisition of commodities
then the following provisions are incorporated into this Agreement:
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a. The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all improvements constructed or commodities acquired as part of
the Project. The terms of this provision shall survive the termination of this Agreement.
14. Sale,Transfer, or Disposal of Department-funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other
interests in real property,facilities, or equipment funded in any part by the Department under
this Agreement without prior written approval by the Department.
b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real
property, facilities, or equipment is approved by the Department, the following provisions will
apply:
i. The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department-funded property.
ii. The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount, and shall be remitted to the Department within ninety(90)
days of closing of sale.
iii. Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process, and the contract and
process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
c. The terms of provisions"a" and"b" above shall survive the termination of this Agreement.
i. The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility, but shall
not exceed twenty(20)years from the effective date of this Agreement.
ii. There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of Federal awards or State financial assistance or limit the authority of any state
agency inspector general,the State of Florida Auditor General,or any other state official.The Agency shall
comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —
Audit Requirements, monitoring procedures may include but not be limited to on-site visits by
Department staff and/or other procedures, including reviewing any required performance and
financial reports, following up, ensuring corrective action, and issuing management decisions
on weaknesses found through audits when those findings pertain to Federal awards provided
through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any
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inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer(CFO), or State of Florida Auditor General.
b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F — Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through this
Agreement, is subject to the following requirements:
i. In the event the Agency expends a total amount of Federal awards equal to or in
excess of the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, the Agency must have a Federal single or program-specific audit
conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200,
Subpart F—Audit Requirements. Exhibit "G", Financial Assistance (Single Audit
Act),to this Agreement provides the required Federal award identification information
needed by the Agency to further comply with the requirements of 2 CFR Part 200,
Subpart F—Audit Requirements. In determining Federal awards expended in a fiscal
year, the Agency must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including the Federal award provided
through the Department by this Agreement. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by 2 CFR
Part 200, Subpart F—Audit Requirements.An audit conducted by the State of Florida
Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F —
Audit Requirements,will meet the requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F —
Audit Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part
200, Subpart F—Audit Requirements, in Federal awards, the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at
FDOTSinqleAuditdot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency expends
less than the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F —Audit
Requirements,the cost of the audit must be paid from non-Federal resources(i.e.,the
cost of such an audit must be paid from the Agency's resources obtained from other
than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census.gov/facweb/ the audit reporting package as required by 2
CFR Part 200, Subpart F—Audit Requirements,within the earlier of 30 calendar days
after receipt of the auditor's report(s)or nine months after the end of the audit period.
The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F
—Audit Requirements.However,the Department requires a copy of the audit reporting
package also be submitted to FDOTSingleAudit(a�dot.state.fl.us within the earlier of
30 calendar days after receipt of the auditor's report(s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F—Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will
review the Agency's audit reporting package, including corrective action plans and
management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an
audit conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,
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the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing
additional conditions, the Department may take appropriate actions to enforce
compliance,which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department;
2. Disallow(deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and Federal awarding agency regulations (or in the case of the
Department, recommend such a proceeding be initiated by the Federal
awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award,the Agency shall permit the Department
or its designee, the CFO, or State of Florida Auditor General access to the Agency's
records,including financial statements,the independent auditor's working papers,and
project records as necessary. Records related to unresolved audit findings, appeals,
or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit o(�,dot.state.fl.us
State Funded:
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes,
monitoring procedures to monitor the Agency's use of state financial assistance may include
but not be limited to on-site visits by Department staff and/or other procedures, including
reviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this
Agreement. By entering into this Agreement,the Agency agrees to comply and cooperate fully
with any monitoring procedures/processes deemed appropriate by the Department. The
Agency further agrees to comply and cooperate with any inspections, reviews, investigations,
or audits deemed necessary by the Department, the Department of Financial Services(DFS),
or State of Florida Auditor General.
b. The Agency, a"nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient
of state financial assistance awarded by the Department through this Agreement, is subject to
the following requirements:
i. In the event the Agency meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency must have a State single or project-
specific audit conducted for such fiscal year in accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "G", Financial Assistance
(Single Audit Act), to this Agreement indicates state financial assistance awarded
through the Department by this Agreement needed by the Agency to further comply
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with the requirements of Section 215.97, Florida Statutes. In determining the state
financial assistance expended in a fiscal year, the Agency shall consider all sources
of state financial assistance, including state financial assistance received from the
Department by this Agreement, other state agencies, and other nonstate entities.
State financial assistance does not include Federal direct or pass-through awards
and resources received by a nonstate entity for Federal program matching
requirements.
ii. In connection with the audit requirements, the Agency shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes.This includes
submission of a financial reporting package as defined by Section 215.97(2)(e),
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
iii. In the event the Agency does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from
the state single audit requirements of Section 215.97, Florida Statutes. However,the
Agency must provide a single audit exemption statement to the Department at
FDOTSinaleAudit(a,dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency does
not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from the Agency's resources (i.e., the cost of such an audit must be paid from the
Agency's resources obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit(a)dot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email:flaudgen localgovt(a,aud.state.fl.us
v. Any copies of financial reporting packages, reports, or other information required to
be submitted to the Department shall be submitted timely in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
vi. The Agency, when submitting financial reporting packages to the Department for
audits done in accordance with Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
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vii. Upon receipt, and within six months, the Department will review the Agency's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial
assistance provided through the Department by this Agreement. If the Agency fails
to have an audit conducted consistent with Section 215.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Agency shall permit the
Department or its designee, DFS, or the Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers,
and project records as necessary. Records related to unresolved audit findings,
appeals, or litigation shall be retained until the action is complete or the dispute is
resolved.
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report is issued and shall allow
the Department or its designee, DFS, or State of Florida Auditor General access to such
records upon request. The Agency shall ensure that the audit working papers are made
available to the Department or its designee, DFS, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in
writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing
from the Parties' respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid 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 any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide 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 any public entity; and may not transact
business with any public entity.
c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended,revoked,denied,or have further been determined by the Department
to be a non-responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature,judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
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e. Unauthorized Aliens. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If
the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255,
Florida Statutes,for construction services and at the time of the competitive solicitation for the
Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated
funds, then the Agency must comply with the requirements of Section 255.0991, Florida
Statutes.
g. E-Verify.The Agency shall:
i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the
contract; and
ii. Expressly require any subcontractors performing work or providing services pursuant
to the state contract to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
18. Indemnification and Insurance:
a. It is specifically agreed between the Parties executing this Agreement that it is not intended
by any of the provisions of any part of this Agreement to create in the public or any member
thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
this Agreement to maintain a suit for personal injuries or property damage pursuant to the
terms or provisions of this Agreement. The Agency guarantees the payment of all just claims
for materials, supplies, tools, or labor and other just claims against the Agency or any
subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law
and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the
Agency shall indemnify and hold harmless 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 Agency and persons
employed or utilized by the Agency in the performance of this Agreement.This indemnification
shall survive the termination of this Agreement. Nothing contained in this paragraph is
intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign
immunity. Additionally, the Agency agrees to include the following indemnification in all
contracts with contractors/subcontractors and consultants/subconsultants who perform work
in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and
hold harmless the Agency 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/consultant and
persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity."
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b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that the
subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),
ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c. If the Agency elects to self-perform the Project,then the Agency may self-insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an"occurrence"basis and shall include Products/Completed Operations
coverage.The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage ,
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage
described herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policy/ies or coverage described herein may contain or be subject to a
Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of
the State of Florida that elects to self-perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The Department shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein. The Department's approval or failure to disapprove any policy/ies,
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass
or underpass structure, or any other work or operations within the limits of the railroad right-
of-way, including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO
Form CG 00 35) where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence, and with an annual aggregate limit of not less than$6,000,000.The railroad shall
also be added along with the Department as an Additional Insured on the policy/ies procured
pursuant to theparagraph above. Prior to the execution of the Agreement, and at all renewal
9 .
periods which occur prior to final acceptance of the work, both the Department and the railroad
shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work. Both the Department and the railroad shall be notified in writing within
ten days of any cancellation, notice of cancellation, renewal,or proposed change to any policy
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or coverage described herein. The Department's approval or failure to disapprove any
policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have.
e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non-Admission of Liability. In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of
covenant or any default which may then exist on the part of the Agency and the making of
such payment by the Department,while any such breach or default shall exist, shall in no way
impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
c. Severability. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected. In such an instance, the remainder would then continue to
conform to the terms and requirements of applicable law.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has
not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its application for the financing hereunder.
f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
contravention of any applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing so that
appropriate changes and modifications may be made by the Department and the Agency to
the end that the Agency may proceed as soon as possible with the Project.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute the same
Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf
of a party will be legal and binding on such party.
h. Federal Award Identification Number(FAIN). If the FAIN is not available prior to execution
of the Agreement, the Department may unilaterally add the FAIN to the Agreement without
approval of the Agency and without an amendment to the Agreement. If this occurs, an
updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the
Department of Financial Services' Florida Accountability Contract Tracking System (FACTS).
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i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5),
Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
j. Law, Forum,and Venue.This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. In the event of a conflict between any portion of the
contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue in which any dispute
under this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
AGENCY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: By:
Name: Name: Steven C. Braun, P.E.
Title: Title: Director of Transportation Development
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
Legal Review:
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EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency's project to provide context, description of project components funded
via this Agreement(if not the entire project)): 5311 funding for operating assistance to Indian River County BOCC for
its non-urbanized area public transportation.
B. Project Location (limits, city, county, map): Indian River County MPONero Beach, FUlndian River
C. Project Scope(allowable costs: describe project components, improvement type/service type, approximate
timeline, project schedule, project size): Transfer funding from the Federal Transit Administration's to Subrecipient for
the activities listed in attached budget and in the approved Subrecipient grant application.
Regular service hours will remain Monday through Friday from 8:00 a.m. through 5:00 p.m., except holidays, for which
we provide limited service. Our dispatch operation opens at 4:30 a.m. and closes at 7:00 p.m. or after the last driver is
done and has returned to the yard. Our program provides origin to destination(door-to-door)paratransit service to
enhance the mobility of residents in the rural areas of our county. The service will provide users various types of trips
to include, but not limited to, medical and life-sustaining appointments, their nutritional needs, employment related
services and for recreation.
D. Deliverable(s): 1. Submit quarterly progress reports via TransCIP, the web-based state grant management
software, by logging into http://www2.transcip.com.
2. Submit an invoice on the project at least every quarter or they may specify in an email to the Department Project
Manager. The email must be provided in the invoice packet provide to the department. The Agency shall upload a
copy of invoice to TransCIP and email the original to D4OMDID@dot.state.fl.us for processing.
3. The Agency shall upload the annual farebox report to TransCIP under the Library tab to the Agency's Fare Box
Documents.
4.The Agency shall submit DBE reports via TransCIP semiannually.
5. Funds shall be used for public transit service in non-urbanized areas. For agencies whose service areas include
both urbanized and non-urbanized areas, special care shall be taken to ensure funding is not inappropriately applied to
urbanized area service. Agencies must develop a method of allocating costs between urbanized and non-urbanized
area service. This can be based on passengers, route maps, or other records or methods.
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice
purposes will be the incremental progress made toward completion of project scope elements. Supporting
documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of
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incremental progress that has been made, and provide evidence that the payment requested is commensurate with
the accomplished incremental progress and costs incurred by the Agency.
E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal
cell phones, office parties, entertainment, food,fans, coffee pots, portable heaters, refrigerators, microwave ovens,
congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items.
F.Transit Operating Grant Requirements(Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that
matches the invoice period. The expenditure detail, along with the progress report,will be the required deliverables for
Transit Operating Grants.
102
PUBLIC TRANSPORTATION DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC06ns
EXHIBIT B
Schedule of Financial Assistance
TRANSIT OPERATING ONLY
FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financial FLAIR State Object CSFA/ CSFA/CFDA Title
Project Fund Category Fiscal Code CFDA °r Funding Amount
Number Type Year Number Funding Source
Description
407182-3-84- Formula Grants for
01 DU 088774 2020 780000 20.509 Rural Areas $76,178
407182-3-84- LF 088774 2020 780000 20.509 Formula Grants for $76,178
01 Rural Areas
Total Financial Assistance $152,356
B. Operations Phase-Estimate of Project Costs by Budget Category:
Budget Categories
State Local Federal Total
Operations(Transit Only) *
Salaries $0 $0 $0 $0
Fringe Benefits $0 $0 $0 $0
Contractual Services • $0 $76,178 $76,178 $152,356
Travel $0 $0 $0 $0
Other Direct Costs $0 $0 $0 $0
Indirect Costs $0 $0 $0 $0
Totals $0 $76,178 $76,178 $152,356
* Budget category amounts are estimates and can be shifted between items without
amendment(because they are all within the Operations Phase).
C. Cost Reimbursement
The Agency will submit invoices for cost reimbursement on a:
Monthly
X Quarterly
_Other:
basis upon the approval of the deliverables including the expenditure detail provided by the Agency.
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA
STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable,
reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
Paula Scott
Department Grant Manager Name
Signature Date
103
PUBLIC TRANSPORTATION DEVELOPMENT
GRANT AGREEMENT EXHIBITS occosns
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
104
20 of 24
PUBLIC TRANSPORTATION DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC06n9
EXHIBIT E
PROGRAM SPECIFIC TERMS AND CONDITIONS—TRANSIT
(Section 5311: Formula Grants for Rural Areas)
This exhibit forms an integral part of the Agreement between the Department and the Agency.
The Agency, as the"subrecipient", shall comply with the following requirements:
1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 5311 of the
Federal Transit Act of 1991, as amended (49 U.S.C. 5311)and Section 341.051(1)(a), F.S.
2. Prevention Programs.The Section 5311 subrecipient shall establish and implement anti-drug and alcohol
misuse prevention programs in accordance with the terms of 49 CFR 655, 49 U.S.C. 5331, and 49 CFR 40.
3. Adherence to Certifications and Assurances. The Section 5311 subrecipient shall ensure adherence with
all federally required certifications and assurances made in its application to the Department for Section 5311
funds.
4. FTA Compliance.The Section 5311 subrecipient shall at all times comply with all applicable Federal Transit
Administration ("FTA") regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between the Department and FTA, as they may be
amended or promulgated from time to time during the term of this contract. Failure to comply shall constitute
a material breach of this contract.
5. Charter Operation. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d), (r)and 49 CFR
604,which provide that recipients and subrecipients of FTA assistance are prohibited from providing charter
service using federally funded equipment or facilities if there is at least one private charter operator willing
and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service
provided under one of the exceptions must be"incidental," i.e., it must not interfere with or detract from the
provision of mass transportation.
6. Exclusive Operation. Pursuant to 69 U.S.C. 5323(f)and 49 CFR 605, the Section 5311 subrecipient of FTA
assistance may not engage in school bus operations exclusively for the transportation of students and school
personnel in competition with private school bus operators unless qualified under specified exemptions.
When operating exclusive school bus service under an allowable exemption, subrecipients may not use
federally funded equipment, vehicles, or facilities.
7. Buy America. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49
U.S.C. 5323(j)and 49 CFR 661, if using the funds granted under this Agreement for rolling stock purchases.
The recipient also agrees to comply with the pre-award and post delivery requirements outlined in 49 CFR
661.12.
8. Water Pollution Control. The Section 5311 subrecipient agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Federal Water Pollution Control Act, codified at 33 U.S.C. 1251
et seq., as amended, if the agreement exceeds$100,000.
9. Anti-Lobbying.The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti-
Lobbying Amendment, 31 U.S.C. 1352(b)(5).
10. Bonding Requirements. If this Agreement is for a construction Project over$150,000 the recipient must
adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual.
11. Clean Air Act.The 5311 subrecipient agrees to comply with applicablestandards, orders or regulations
issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq., as amended, if this Agreement exceeds
105
PUBLIC TRANSPORTATION DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 06/19
$150,000.
12. Resource Conservation and Recovery Act(RCRA). The 5311 subrecipient agrees to comply with all the
requirement of Section 6002 of the Resource Conservation and Recovery Act(RCRA), 49 U.S.C. 6962, as
amended, including but not limited to the regulatory provisions of 40 CFR 247, and Executive Order 12873,
as they apply to the procurement of the items designated in Subpart B of 40 CFR 247.
13. Davis-Bacon and Copeland Anti-kickback.The 5311 subrecipient agrees to comply with the Davis-Bacon
and Copeland Anti-kickback Acts as codified at 40 U.S.C. 3141 et seq. and 18 U.S.C. 874 for any agreement
exceeding$2,000.
14. Contract Work Hours and Safety Standards. For any contract over$2,000 the 5311 subrecipient agrees to
comply with the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq.
15. Transit Employee Protective Agreements.The 5311 subrecipient agrees to comply with the Transit
Employee Protective Agreements as codified in 49 U.S.C. 5333 and 29 CFR 215.
16. Compliance with FTA Terms and Conditions.The 5311 subrecipient shall not perform any act, fail to
perform any act, or refuse to comply with any Department requests which would cause the 5311 subrecipient
to be in violation of the FTA terms and conditions.
17. Annual Safety Certification. In accordance with Section 341.061, F.S., and Rule 14-90, Florida
Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety
certification stating that the Agency has adopted and is complying with its adopted System Safety and
Security Program Plan, and has performed annual safety inspections of all buses operated.
18. Budget/cost analysis. The Agency will assist the Department by providing accurate information for the
Department to create a budget/cost analysis in accordance with Section 216.3475, F.S.
19. Non-urbanized area.The Agency will provide the methodology for determining the non-urbanized area portion
of their service prior to submitting the first invoice. The agency will submit an updated methodology once per
year.
20. Attorney certification. The Agency will submit an attorney certification prior to submitting the first invoice and
once yearly thereafter for goods or services procured under this Agreement in accordance with Chapter 287,
F.S.
21. Public Body Non-CTC Recipients. An Agency may receive 5311 funds when the Community Transportation
Coordinator in the county is a private-for-profit entity. When the Agency accepts the 5311 funding, enters into
a contract/PTGA with the Department, and the contracts with the Community Transportation Coordinator to
provide rural general public transportation in the same service area in which the Community Transportation
Coordinator is providing non-sponsored trips for the Commission for the Transportation Disadvantaged, then
the non-sponsored human service transportation grant funds will be considered as eligible match for the 5311
funds. The Agency will be responsible for ensuring that the Community Transportation Coordinator meets all
the requirements associated with the federal funds. The Agency will be responsible for ensuringthat all dollars
provided as match were for public transportation eligible trips. The Agency must keep financial records that
substantiate the eligibility for the match being provided and make that documentation available to the
Department on request.
--End of Exhibit E--
106
PUBLIC TRANSPORTATION DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 06/19
EXHIBIT F
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category(salary,
travel,expenses,:etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being
claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being
claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks.
Each piece of documentation should clearly reflect the dates of service.Only expenditures for categories in the approved
agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to
the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries:A payroll register or similar documentation should be submitted. The payroll register should show
gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is
being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: 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 or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of the property to the
State when services are terminated. Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes,for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address http://www.myfloridacfo.com/aadir/reference quide/.
107
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 06/19
EXHIBIT G
FEDERAL FINANCIAL ASSISTANCE(SINGLE AUDIT ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.: 20.509
CFDA Title: Formula Grants for Rural Areas
*Award Amount: $76,178
Awarding Agency: Florida Department of Transportation
Indirect Cost Rate:
**Award is for R&D: No
*The federal award amount may change with amendments
**Research and Development as defined at§200.87, 2 CFR Part 200
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING
AUDIT REQUIREMENTS:
2 CFR Part 200—Uniform Administrative Requirements, Cost Principles &Audit Requirements for Federal Awards
www.ecfr.gov
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
Title 23—Highways, United States Code
http://uscode.house.gov/browse.xhtm l
Title 49—Transportation, United States Code
http://uscode.house.gov/browse.xhtml
MAP-21 —Moving Ahead for Progress in the 21St Century, P.L. 112-141
www.dot.gov/map21
Federal Highway.Administration—Florida Division
www.fhwa.dot.gov/fldiv
Federal Funding Accountability and Transparency Act(FFATA)Sub-award Reporting System (FSRS)
www.fsrs.qov
108
GRANT NAME: Section 5311 (Formula Grant for Rural Areas) GRANT#: G1F64
AMOUNT OF GRANT: $76,178
DEPARTMENT RECEIVING GRANT:Community Development(pass through to Senior Resource Association)
CONTACT PERSON:Brian Freeman PHONE#:(772)226-1990
1. How long is the grant for? Five Years Starting Date:January 1,2020
2. Does the grant require you to fund this function after the grant is over? Yes X No
3. Does the grant require a match? X Yes No
If yes,does the grant allow the match to be In Kind Services? Yes No
4. Percentage of grant to match: 50
5: Grant match amount required:$ 76,178
6. Where are the matching funds coming from(i.e.In Kind Services,Reserve for Contingency?
$76,178 County match already budgeted in general fund
7. Does the grant cover capital costs or start-up costs? Yes X No
If no,how much do you think will be needed in capital costs or start-up costs?
(Attach a detailed listing of costs.)
8. Are you adding any additional positions utilizing the grant 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 Life and Health Insurance
012.14 Worker's Compensation
012.17 Soc.Sec.Medicare Matching
TOTAL
9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel,and operating?
Salaries and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the County over five years?$76,178
Grant Amount Other Matching Costs Match Total
First Year $76,178 $ $38,089(County Match)& $152,356
$38,089(FOOT Match)
Second Year $ $ $ $
Third Year $ $ $ $
Fourth Year $ $ $ $
Fifth Year $ $ $ $
109
—COMP -.
JEFFREY R. SMITH, CPA, CGFO, CGMA 4 scouxrrRp'�
Clerk of Circuit Court&Comptroller
Finance Department °° <<
1801 27th Street % ia, 41.
Vero
o
9 Oh *J Q
Vero Beach,FL 32960 y �,,c,b
Telephone:(772)226-1945 A'Fe COO"t�F..
October 30, 2019
Honorable Bob Solari, Chairman
and
Indian River County Board of County Commissioners
1801 27th Street
Vero Beach, FL 32960
Dear Chairman Solari and County Commissioners:
Enclosed please find our check in the amount of$201,921.41 which represents excess fees for non-
court operations.
We thank the Budget Department and Board staff for their continued support. We also appreciate the
Board's assistance with the continuing renovations and future expansion of our courthouse. Should
anyone have any questions on the attached report,please contact me at extension 3157 or Elissa Nagy
at extension 1570.
Sincerely,
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Court and Comptroller
Cc: Jason Brown, County Administrator
Kristin Daniels, Budget Director
Elissa Nagy, Finance Director
Cindy Carlsward, Court Operations.Director
110
INDIAN RIVER COUNTY, FLORIDA
CLERK OF THE CIRCUIT COURT
STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCES-BUDGET AND ACTUAL
GENERAL FUND
FOR THE YEAR ENDED SEPTEMBER 30,2019
GENERAL FUND
VARIANCE
FINAL FAVORABLE
REVENUES BUDGET ACTUAL (UNFAVORABLE)
NON COURT OPERATIONS REVENUE $ 1,225,000 $ 1,399,752 $ 174,752.
COURT OPERATIONS REVENUE 2,953,371 3,619,434 666,063
MISCELLANEOUS REVENUES 55,390 100,542 45,152
TOTAL REVENUES 4,233,761 5,119,728 885,967
EXPENDITURES
PERSONAL SERVICES 4,571,580 4,502,978 68,602
OPERATING EXPENDITURES 689,951 1,442,610 (752,659)
CAPITAL OUTLAY 13,545 13,534 11
TOTAL EXPENDITURES 5,275,076 5,959,122 (684,046)
EXCESS OF REVENUES OVER(UNDER)EXPENDITURES (1,041,315) (839,394) 201,921
OTHER FINANCING SOURCES(USES)
TRANSFERS FROM BOARD OF COUNTY COMMISSIONERS 1,041,315 1,041,315 -
TRANSFERS TO BOCC (201,921) (201,921)
TOTAL OTHER FINANCING SOURCES(USES) 1,041,315 839,394 (201,921)
EXCESS OF REVENUES AND OTHER SOURCES OVER
(UNDER)EXPENDITURES AND OTHER USES $ - - $ -
FUND BALANCES 10/01/18 -
FUND BALANCES 9/30/19 $ -
I,Jeffrey R.Smith,Clerk of the Circuit Court and Comptroller of
Indian River County, Florida,do hereby certify that the
foregoing are true and accurate annual reports of all official
expenses and net income and unexpended budget balances
as of the close of the fiscal year ended September 30,2019
I have hereunto set my official seal this date, October 30,2019.
•
1 / i ,
Jeffrey R. Smith,Clerk of Circuit Court and Comptroller
111
n Jeffrey R. Smith Vendor Check Check
c-37 Clerk of the Circuit Court& ComptrollerNumber Date Number
77 10/29/2019 7065
Indian River County,Florida. `* P.O. Box 1028 Vero Beach, FL 32960
•
$201,921.41
*Two Hundred One Thousand Nine Hundred Twenty-one Dollars and 41 Cents*
Pay INDIAN RIVER COUNTY BOARD OF COUNTY FILE COPY
To the COMMISSIONER
Order Of - NON-NEGOTIABLE
Jeffrey R.Smith Clerk of the Circuit Court&Comptroller,
Indian River County,Vero Beach, Florida PAGE: 1 OF 1 CHECK NUMBER: 00007065
INVOICE DATE INVOICE NUMBER DESCRIPTION INVOICE AMOUNT
10/29/2019 EXCESS FEE FY18-19 EXCESS FEES FY 18-19 $201,921.41
GL#:050-208008 $8,651.00
GL#:060-208008 $193,270.41
Vendor No. Vendor Name Check No. Check Date C hH$IS2Amount
77 INDIAN RIVER COUNTY BOARD OF COUNTY... 7065 10/29/2019 $201,921.41
113
! w.4 7b
TVV
e
4
Leslie R.Swan
Supervisor of Elections
Indian River County
October 24,2019
The Honorable Bob Solari,Chairman
Indian River County Board of County Commissioners
1801 27th Street, Building A -
Vero Beach, FL 32960-3388
Dear Chairman Solari:
Attached is check number 2429 in the amount of$35,937.65 which represents funds due to the Board of
County Commissioners for the period ending September 30, 2019,as detailed below:
Excess 18/19 Budget $ 32,023.60
SOE Fees $ 3,914.05
TOTAL $ 35,937.65
During Fiscal Year 2018-19,the Indian River County Supervisor of Elections was awarded a Federal
Election Security Grant which provided our office funds to acquire security enhancements with federal
funds and not funds from our allocated budget. We are pleased to return$35,937.65 to Indian River
County.
Should you have any questions or require additional information,please do not hesitate to contact me
at 226-3435.
Sincerely,
Leslie Rossway Swan
Supervisor of Elections
cc:
Elissa Nagy, Finance Director
Kristin Daniels, Budget Director
Jr:
113
-,.- N�.x•�,�4�-:�'�'"t�;..-,'+UST 's _ -.���'�t'k:k y. '�; �'R �' r� L P _ ^S. ` E' �"_3:-T'Rt}�,".- ��u"�-nab z,t *.-.»6.�c.,
. t } .� er. 5r3� O6- S Qrfiee; '-� s 4- 44,o Pig lM%2 * ,- �
,a�
I t� � ...�s.,..� .. ..,.- �� .,...... ,/,,d � iitiL'F,s-
11:49 A" IRC Supervisor of Elections
Profit & Loss
Accrual Basis October 2018 through September 2019
Oct '18 - Sep 19
Ordinary income/Expense
Income
331.00 • Federal Grant Revenue 112.752.90
381.020 • Transfer - Special Revenue 2.641.38
341.550 • SOE Fees 0.00
381.010 • BUDGET TRANSFER 1.358:084.00
001.02 • WORKERS' COMP. PAID BY BOCC 10.441.00
361.010 • INTEREST 279.46
341.551 • City Reimbursements 42,864.00
Total Income 1,527,062.74
Gross Profit 1,527,062.74
Expense
011.00 • SALARIES
011.18 • Supplemental Salary (Supplemental Sa... 23,096.06
011.11 • Executive Salaries 131,034.02
011.12 • Regular Salaries 263,270.37
011.125 • Regular Wages 118.551.71
011.13 • Part-Time Wages 24,417.86
011.14 • Regular Wage.Overtime 4,220.73
011.15 . Temp. Election Help 57,272.77
011.16 • Temp. Help Overtime 255.00
011.19 • Clerks and Poll Workers 51,008.38
Total 011.00 • SALARIES 673,126.90
012.00 • PAYROLL EXPENSES
012.10• Company Medicare 8,254.37
012.11 • Company Social Security 34,370.32
012.12 • Retirement Contributions 98,849.78
012.13 • Insurance
012.132 • Life/Health 56,813.06
012.134 • Dental 2,896.17
012.138 • Worker's Comp 901.00
012.139 • Unemployment Compensation 1,650.00
Total 012.13 • Insurance 62,260.23
012.140 • Other Post Employment Benefits 9,540.00
012.00 • PAYROLL EXPENSES - Other 0.00
Total 012.00 • PAYROLL EXPENSES 213,274.70
031.00 • PROFESSIONAL SERVICES
114age 1
11;49 Ap!. IRC Supervisor of Elections
Profit & Loss
Accrual Basis October 2018 through September 2019
Oct `18 - Sep 19
031.20 • Legal 750.00
031.60 • Reporting 100.00
Total 031.00 • PROFESSIONAL SERVICES 850.00
034.00 • CONTRACTUAL SERVICES
034.76 • Destruction Services 111.72.
034.10 • Processing Fees 1,464.69
034.20 • Security System 40,532.40
034.40 • Equipment Transport 7,327.50
034.80 • Other Services 6,343.95
Total 034.00 • CONTRACTUAL SERVICES 55,780:26
040.00 • TRAVEL
040.40 • Executive Travel 3.377.82
040.60 ; Staff Travel 5.020.78
040.80 . Temp help mileage 811.26
Total 040.00 • TRAVEL 9,.209.86
041.00 • TELEPHONE
041.40 • Telephones 14,925 57
Total 041.00 • TELEPHONE 14,925 57
042.00 • POSTAGE
042.20 . Regular 39,650.88
042.40 : FedEx 30.29
042.60 • Shipping & Handling
1,032,22
Total 042.00 • POSTAGE 40,713.39
044.00 • RENT/LEASES
044.20 • Building & Precincts 2.310.00
044.40 • Office Equipment 3,588,00
Total 044.00 • RENT/LEASES 5,898.00
045.00 • Insurance
045.20 : Automotive Insurance 950.00
Total 045.00 • Insurance 950.00
046.00 • REPAIR•& MAINTENANCE
046.20 • Office Equipment 8,298.38
110age2
11:49 AIM IRC Supervisor of Elections
Profit & Loss
Accrual Basis October 2018 through September 2019
Oct '18 - Sep 19
Total 046.00 • REPAIR & MAINTENANCE 8.298.38
047.00 • PRINTING & BINDING 99,802.75
048.00 • PROMOTIONAL
048.20 • Voter Ed. & Outreach 1,016.91
048.30 • Pollworker Outreach 1,243.20.
048.40 • Advertising 15.865.78
048.60 • Grant matching funds - V.O. 2,641.38
Total 048.00 • PROMOTIONAL 20,767.27
051.00 • OFFICE
051.20 • General Supplies 10,966.07
051.25 • Bank Charges 1,156.44
051.40 • Furn/Equip - under 1000.00 4,190.62
051.00 OFFICE - Other 142.44
Total 051.00 • OFFICE 16.455.57
051.60 • COMPUTER
051.62 Software Licensing & Support 202,894.47
051.64 • Supplies., maint. 1,551.38
051.66 • Equipment under 1000.00 10,500.43
Total 051.60 • COMPUTER 214,946.28
052.00 • OPERATING SUPPLIES
052.20 . Warehouse supplies 2,651.98
052.40 • Van supplies, fuel 1,398.28
Total 052.00 • OPERATING SUPPLIES 4,050.26
054.00 • SUBSCRIPTIONS/EDUCATION
054.20 • Subscriptions/books 1,1.80.98
054.40 • Dues & Membership 4,545.68
054.60 • Meetings /Seminars/Classes 5,958.00
Total 054.00 • SUBSCRIPTIONS/EDUCATION 11,684.66
060.00 • CAPITAL OUTLAY
060.40 • Software 29,220.40
060.50 • Furniture and Supplies 2,558.29
064.80 • Machinery and Equipment 69,885.22.
Total. 060.00 • CAPITAL OUTLAY 101,663,91
"Age 3
11:49AM !RC Supervisor of Elections
Profit & Loss
Accrual Basis October 2018 through September 2019
Oct '18 - Sep 19
Total Expense 1;492.39 7.76
Net Ordinary Income. 34.664.98
Other Income/Expense
Other Expense.
Reportable Health Coverage 0.00
088.04 BOCC/Excess Budget 32,023,60
Total Other Expense 32,023.60
Net Other Income -32,023.60
Net Income 2,641.38
1117age 4
IRC Supervisor of Elections
Balance Sheet
Accrual Basis As of September 30, 2019
Sep 30, 19
ASSETS
Current Assets
Checking/Savings
101.0 • General Funds
101.11 • PAYROLL-TD BANK 15013.66
101.10 • MONEY MARKET-TO BANK 4.011.71
101.09 • OPERATING-TD BANK 16.048.46
Total 101.0 • General Funds 2,976.91
101.136 • Special Revenue Funds
101A2 • FEA STATE/COUNTY-TD BANK 52,931.92
Total 101.136 • Special Revenue Funds 52 931.92
101.009 • CASH REGISTER "BANK" 25.00
Total Checking/Savings 55,933.83
Accounts Receivable
115.000 • Accounts Receivable (990 line 47a) 5.265.4 1
Total Accounts Receivable 5.265.41
Other Current Assets
1300 • Payroll Service Customer Asset -0.08
155.000 • Prepaid expenses (990 line 53)
155.50 • Computer maintenance and suppor 63312.41
Total 155.000 • Prepaid expenses (990 line 53) 63,312 41
Total Other Current Assets 63,312.33
Total Current Assets 124511.57
Other Assets
1301 • Provide for Compensated Absence _16,939,16
Total Other Assets 16 939.16
TOTAL ASSETS 141,450.73
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
208.01 • Accounts payable (990 line 60) 5.1.54.70
Total. Accounts Payable 5.154.70
Credit Cards
202:01 • Credit card (990 line 60)
llaage 1
IRC Supervisor of Elections
Balance Sheet
Accrual Basis As of September 30, 2019
Sep 30, 19
Amazon 3.242.02
202.01 Credit card (990 line 60) - Other _ 3,1.89 73
Total 202.01 • Credit card (990 line 60) 6.431.75
Total Credit Cards 6;431.7
Other Current.Liabilities
208.020 - Deferred Special Revenue 49,992.1E
208.030 • Deferred Special Rev. Interest 298.38
208.010 • DUE TO OTHER GOVERNMENTS (BOCC) 35,937.65
210.000 • Payroll Liabilities
210.200 • FRS 3% Employee Portion (FRS 3% Employee Contributi... 1,193.32
210.100 FRS 7,444.48
210.000 • Payroll Liabilities - Other -4,877:82
Total 210.000 • Payroll Liabilities 3,759.•98
2111 • Direct Deposit Liabilities -1,148 97
216.000 • ACCRUED WAGES PAYABLE 18,370.6E
218.000 • ACCRUED PIR TAXES PAYABLE 1.382.40
21.9.000 • ACCRUED BENEFITS PAYABLE 1,530.58
220.000 • EMPLOYEE OPTIONAL DED.
220.03.1 . MOO-Vol Life & Spouse (Voluntary Life) 29.88
220.101 • Vision- Eye Med (Vision Insurance) -9-52
220.010 TASC 92:33
220.20 • STD
220.025 • STD/Aflac 3.65
Total 220.20 • STD 3.65
220.030 • LTD- Mutual of Omaha 307.21
220..060 • United Way 14,00
220.080 • Accident/AFLAC 2335
Total 220.000 : EMPLOYEE OPTIONAL DED. 460.90
Total Other Current Liabilities 110,283.74
Total Current Liabilities 121;870.19
Long Term Liabilities
2501 • ACCRUED COMPENSATED ABSENCES 16,939.16
Total Long Term Liabilities 16,93c16
Total Liabilities 138,809.35
Equity
Net Income 2,641.38
119}age 2
IRC Supervisor of Elections
Balance Sheet
k:�rual Saris As of September 30, 2019
Sep 30, 19
Total Equity 2,541:38
TOTAL LIABILITIES & EQUITY .141,450.73
12QQage 3
,� C
`„vs°F Sheriff Deryl Loar
1*.' Indian River County
November 4, 2019
The Honorable Bob Solari, Chairman
Indian River Board of County Commissioners
1801 27th Street
Vero Beach, FL 32960-3388
Dear Chairman Solari:
We respectfully submit to the Board of County Commissioners a statement and ACH for
the following excess fees for Fiscal Year 2018/2019:
Fund 016, General Fund $840,361.73
These funds include the retroactive pay that were not given as a result of the Impasse
Hearing on September 13, 2019.
Please place this item on the Constitutional Agenda for the November 12th board agenda.
If you have any questions or require additional information,please contact me at 978-
6404.
Sincerely,
Thelee—
Deryl
Loar, Sheriff
DL: nj
cc: Aimee Markford, Comptroller
4055 41St Avenue,Vero Beach,Florida 32960 www.ircsheriff.org
(772)569-6700 =0 ,
INDIAN RIVER COUNTY SHERIFF'S OFFICE LGF-3
STATEMENT OF REVENUES,EXPENDITURES&CHANGES IN FUND BALANCE-BUDGET&ACTUAL
1 FOR THE PERIOD ENDED SEPTEMBER 30,2019
Optional
General Fund Sales Tax
Fund 16 Fund 168
REVENUES BUDGET ACTUAL VARIANCE ACTUAL
OTHER REVENUE
COMMISSARY SALES
OTHER INCOME
INTEREST
TOTAL REVENUES
EXPENDITURES
629.00 MENTAL HEALTH COURT
PERSONNEL SERVICES 123,325.00 127,746.13 (4,421.13)
OPERATING EXPENSE 37,200.00 40,572.49 (3,372.49)
CAPITAL OUTLAY - - -
CONTINGENCY
711.00 JUDICIAL
PERSONNEL SERVICES 2,266,730.00 2,182,808.54 83,921.46
OPERATING EXPENSE 30,489.00 31,471.87 (982.87)
CAPITAL OUTLAY - - -
CONTINGENCY
TOTAL GENERAL GOVERNMENT EXPENDITURES 2,457,744.00 2,382,599.03 75,144.97 -
521.00 LAW ENFORCEMENT
PERSONNEL SERVICES 23,299,401.00 22,578,474.83 720,926.17
OPERATING EXPENSE 5,038,115.00 4,850,300.05 187,814.95
CAPITAL OUTLAY 3,700,911.00 3,686,232.63 14,678.37
523.00 CORRECTIONS
PERSONNEL SERVICES 13,144,819.00 13,426,631.88 (281,812.88)
OPERATING EXPENSE 2,575,249.00 2,451,642.88 123,606.12
CAPITAL OUTLAY 315,779.00 315,774.97 4.03 140,000.00
TRAINING
521.99 LAW ENFORCEMENT CONTINGENCY
523.99 CORRECTIONS CONTINGENCY
TOTAL PUBLIC SAFETY 48,074,274.00 47,309,057.24 765,216.76 140,000.00
DEBT SERVICE
PRINCIPAL
INTEREST
TOTAL EXPENDITURES 50,532,018.00 49,691,656.27 840,361.73 140,000.00
EXCESS OF REVENUES OVER(UNDER)EXPENDITURES (50,532,018.00) (49,691,656.27) 840,361.73 (140,000.00)
OTHER FINANCING SOURCES AND(USES)
APPROPRIATION FROM BCC 50,411,818.00 50,411,818.00 140,000.00
HOUSING PRISONER REVENUE
SCRAP REVENUE 23,573.00 23,573.00
OTHER REVENUE,SALE OF SURPLUS PROPERTY,ETC. 96,627.00 96,627.00
OPERATING TRANSFERS OUT-BCC (840,361.73)
TOTAL OTHER FINANCING SOURCES AND(USES) 50,532,018.00 49,691,656.27 (840,361.73) 140,000.00
EXCESS OF REVENUES AND OTHER SOURCES
•
OVER(UNDER)EXPENDITURES&OTHER USES - - - -
FUND BALANCE-BEGINNING OF YEAR
FUND BALANCE-END OF YEAR - - -
122
9D
• c /›. Sheriff Derail Loam
v
c }? r�r 0,-1
Indian River County Sheriff's Office
oe
November 4,2019
The Honorable Bob Solari,Chairman
Indian River Board of County Commissioners
1801 27th Street
Vero Beach,FL 32960-3388
Dear Chairman Solari:
The State Criminal Alien Assistance Program(SCAAP)is a payment program that is administered by the
Department of Justice's Bureau of Justice Assistance(BJA). This program provides funding to
participating jurisdictions for the partial reimbursement of costs incurred by incarcerating undocumented
criminal aliens in their correctional facilities.
I am pleased to inform you that through the efforts of my staff and the use of the consulting firm of
Justice Benefits,Inc. (JBI)-that does the research, inputs the data in the proper format and submits the
records-the Bureau of Justice Assistance has wire transferred$37,339.00 into the:board's'bank account.
The invoice from the consulting firm for$6,721.02 will need to be paid from the proceeds which leaves a
net of$30,617.98 from the FY 2018 SCAAP award.
Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only.
Consequently,I am requesting a check in the amount of$37,339.00,with the appropriate budget
amendment into Corrections Operating Expenses,to pay the consulting firm and to augment funds needed
for inmate care.
If you have any questions or require additional information,please contact Aimee Markford at 978-6159.
Sincerely,VClet—
Deryl
Loar,Sheriff
cc: Aimee Markford,Comptroller
Kristin Daniels,OMB Director
4055 41st Avenue • Vero Beach,FL 32960 • (772)569-6700 • www.ircsheriff.org oQ0�-123
INDIAN RIVER COUNTY, FLORIDA DEPARTMENTAL
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka P.E., Public Works Director
THROUGH: Keith McCully P.E., Stormwater Engineer
FROM: Alexis Peralta, Stormwater Educator& Fertilizer Enforcement
SUBJECT: Stormdrain Awareness: An Educational Art Project
DATE: October 29, 2019
DESCRIPTION
"Only Rain Down the Drain" is the motto of Indian River County Stormwater. In an attempt to educate
the Public and help citizens of the County understand the relationship between the stormdrain and the
Indian River Lagoon, staff is proposing a new educational art project of paintinglocal stormdrains.
9 p p 9
Drains that have heavy foot traffic and are visible to the masses will be creatively and permanently
painted with images that foster a sense of responsibility for the health of the Lagoon and, in turn, help
prevent individual/personal stormwater pollution.
Previous stormdrain awareness attempts have been made through permanent, small, plastic markers
that read "Drains to Lagoon." The public has liked these markers but overall complain they are not
visible enough to really market the message. By drawing more attention through professional art that
lasts, the County will educate many more residents on the importance of stormwater drains, how they
prevent flooding but are untreated, and that we all have a responsibility to prevent pollution as they lead
to the Indian River Lagoon.
With the help of The Downtown Vero Beach Mural Project, volunteer artists will be assigned an
approved stormdrain and paint a scene that includes the slogan "Only Rain Down the Drain."
Incorporating the message onto each individual design will give a consistency from drain to drain that
helps the message stick.Artists can be paired with environmental organizations, school groups,or civic
groups, such as nonprofits and rotary clubs, that wish to sponsor a drain. All drain designs will go
through an application process for approval of design and to determine which drain will be assigned
according to location and size.The art is expected to last a few years before fading;staff and volunteers
will review drains annually to determine deterioration rate. Based off the exuberant public excitement for
this project, staff estimates a biannual update where artists can touch up the drains or they can be
painted over and recreated.
Many stormdrains in high foot traffic areas are located within the municipalities of the City of Vero Beach
and the City of Sebastian. Staff has reached out to both, and also to the Town of Indian River Shores,to
create a County-wide project that spans our entire area of the Lagoon. The City of Vero Beach is very
interested and excited to utilize this project to forward their same message of stormdrains leading to the
Lagoon. If the County Board of Commissioners approves the project, staff will go to City Council for
official municipal approval. If necessary, and depending on location, the Florida Department of
Transportation will be contacted regarding approval for drains in their sector.
Crystal Ploszay, owner of Unicorn Epoxy, professionally specializes in concrete painting and has
graciously donated all the necessary art supplies for up to 30 drains this year, as well as prepping the
stormdrain area and finishing with a rough glaze to seal the art and make sure it is slip proof and
Page 2
124
BCC Agenda Item for November 12, 2019
Stormdrain Awareness: An Educational Art Project
follows all safety regulations. (A demonstration of her work can be viewed at Waldo's Driftwood Resort
and Restaurant on the patio floor).
The public awareness for this project is estimated to reach more residents than any other IRC
stormwater education project by incorporating drains along our entire section of the Lagoon, including
the City of Vero Beach, the City of Sebastian, and the Town of Indian River Shores. As with most
educational marketing projects, there will not be a quantified number of people reached to record; but
statistically it has been proven that more education leads to less pollution,therefore the thousands that
will see these drains will ideally learn the reason behind the project and, in turn, help prevent
stormwater pollution to the Lagoon. Additionally, for the educational component, the Stormwater
Division will be featuring the completed drains on the Facebook page with additional rotating information
about HOW residents can prevent pollution. Facebook themes will include fertilizer, litter, pet waste,
cigarette butts, etc. This project will count towards our education and outreach TMDL reductions and be
reported in our annual NPDES report.
The Downtown Vero Beach Mural Project is collecting applications to participate in this Stormdrain
Educational Art Project until December 31st 2019. Public Works will have the final decision on all
designs and drain art, and painting would begin early 2020.
FUNDING
Art supplies are donated by Crystal Ploszay with Unicorn Epoxy.
Artists are all volunteer and coordinated through Linda Moore and The Downtown Vero Beach Mural
Project Inc.
Estimated funding for unexpected supplies/materials in the amount of $500 is available from
Transportation Fund/Stormwater/Other Promotional Expense Account#11128138-034820.
RECOMMENDATION
Staff requests Board approval of this project and will then move forward with selecting applications.
ATTACHMENTS
N/A
APPROVED AGENDA ITEM FOR November 12, 2019
125
11/12/2019 Item 12.F.1.
Only Rain Down the Drain
An Educational Art Project
By Alexis Peralta, IRC Stormwater Educator
Stormdrain Awareness
+ i
• Stormdrains are installed to prevent roadway flooding, not
stop pollution.
• Manypeople in our area think the stormdrain system is the
p p Y
same as the sewer sanitary system. (This is inaccurate)
• IRC Stormdrains provide no treatment and eventually lead to
the Indian River Lagoon (canals, ditches, retention ponds)
125
11/12/2019 Item 12.F.1.
Previous Markings 00pi2
•
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• Expensive ($2.75 per)
.,� 2 : i � � � � w t • • Not enough awareness F .: `; ,,- ,; ; , a ;- l N
r .fi ;.,,,:%.!,7:4.•• 4 -4,41 max.4.11[ka :tK.iyi .'SS1S
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Markers of the Future! -t ,,f� , , 'tiLEtos:in`�
�'t --i, y---' THE SEP.. ,Do
• Painted illustrations that attract, �•: t: ,�r - s
draw attention, and spread the /�r L; `,^,r - " .,'
word on stormdrains '- " ,, r ' I
• All designs will incorporate ► <<f _ ;� e. _
"Only Rain Down the Drain!" �'. ' \n�
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)25- 2
11/12/2019 Item 12.F.1.
In Partnership With:
• Linda Moore, President of the Downtown : .
Vero Beach Mural Project, Inc. i DoW,trovhI : ' "
—Providing the coordination of volunteer dERO 'I MURAL.{
artists and organizations along with : -y4 ..
ECT r
leading Project Painting Days "`' ' `�'
• Crystal Ploszay, owner of Unicorn Epoxy, wRomumailcuEer.mG
specializing in artistic concrete coatings.
-Donating all the art supplies for up to 30
drains, prepping the drain area, and
sealing the artwork with a
rough finish. 9 U N 1 CO R N EPDXY
Collecting „iv as,,
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r: f ,
Applications = `�
through December = 9 , , ,�
3Pt 2019! -
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Painting to be begin
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early 2020! -,} �,,:
X25 ' 3
11/12/2019 Item 12.F.1.
Y' f -- —
Additional StoB n MIW 1w JJ$
Education . h.. What are they?
c �. ' !i^- t A stonndrain loads to an i
t-i - _ underground system of pipes that
More than just the drain =s flow to canals,retention ponds,and
is; " eventually the lagoon.
art, IRC Stormwater will -s {
be publishing .� - ,.-_,
educational info on its .<} What's their purpose? k - �; _,
Facebook page to further To prevent flooding in the M ,""-`' 9
sheets.The water is unheated and
explain the importance of , does NOT connect to the sewer. a -
the project, and how , `
everyone can reduce
What can WE do?
1
stormwaterpollution. "ONLY RAIN DOWN THE DRAIN!"
Educate others that anything besides
rain pollutions the stormdrains and
II:4
r�� loads eventually to the lagoon.
Example post: Visit irestormwater.com for more!
What are stormdrains?? 4tit
Fr;
115- 4
11/12/2019 Item 12.F.1.
Which Drains?
• Stormdrains that have decent foot
traffic will be targeted for this project.
• City of Vero is very interested in being
included. GOAL:
• City of Sebastian has a new mural
project starting with Chamber of To create a
ommerce- Staff was directed by City system of themed
Staff to reach out to the Chamber.
drains all along
• Town of Indian River Shores has yet to our IRC portion
respond.
of the Lagoon.
Drain Art Process:
1. Volunteer artists send applications and designs to Linda Moore,
President of DVBMP for determination of artistic quality and
originality.
2. IRC Stormwater will coordinate with municipalities for final
approval of applicants and designs as well as assigning
stormdrains.
3. A series of Saturdays will be selected for "Project Painting Days."
4. Crystal Ploszay, with Unicorn Epoxy, will prepare the stormdrains
for artwork.
' ! f- ,. .. :
25 5
11/12/2019 Item 12.F.1.
Drain Art Process (cont):
5. Linda and Crystal will have boxed sets of supplies ready to
distribute to the volunteer artists.
6. Multiple drains will be painted to correspond with location and
available artists in one Saturday (Alexis, Linda, and Crystal will
oversee).
7. After they are painted, Crystal will follow through with a rough
surface glaze to protect the artwork, making it longer lasting and
slip-proof.
8. Painted stormdrains will be featured on Facebook.
Additional Information:
• Drain art durability
• The public is very excited for this project!
• Stormdrain awareness is more than seeing a painted drain, its
knowing why its there and where it goes.
• And as a bonus, the Stormwater Division is able to count this
project in our annual NPDES report to the State for
educational efforts and TMDL removal.
125 6
11/12/2019 Item 12.F.1.
BIG THANKS to the Downtown Vero
Beach,Mural Project and;Unicorn Epoxy for •'
getting this project ready to go!
Their support is •what:pis: going to take. a small
educational' neve•D0041041 - e %
levelr,
VasotsrAdo MuRAt:• . :
�-�-_,R a W W c UNICORN EPDXY
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125 -
/861
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: November 5, 2019
SUBJECT: Premier Citrus, LLC Purchase and Sale Agreement
BACKGROUND.
On March 26, 2019,the Indian River County Board of County Commissioners (the "Board") approved a
purchase and sale agreement with Premier Citrus, LLC for the purchase of three properties totaling
approximately 286 acres of land bordered by 82nd Avenue to the east, 4th Street to the north, 90th Avenue
to the west and 1st Street SW to the south. The purchase price was$4,800,400.00 for the three properties.
The closing was scheduled for late July.
The County was unable to close on the property as scheduled. In order to avoid the uncertainty of
litigation, the County Attorney and County Administrator negotiated a new purchase and sale agreement
with Premier Citrus, LLC, for just the 243.50 acres located east of I-95. The purchase price is$5,950,000.
Although, this price is significantly above the previous purchase price, the amount is still less than the
amount of the most recent appraisal value obtained by the County of$7,300,000.
FUNDING.
There are three funding sources anticipated for the purchase of the subject properties.
1. Optional Sales Tax—20%of optional sales tax monies are set aside for projects affiliated with
the Indian River Lagoon initiative - $1.8 million is budgeted in the County's CIE in Fiscal
Year 20/21 for a TMDL/Utility/Effluent Storage project.
2. Park impact fees are available for a western corridor park - $1 million is budgeted in the
County's CIE in Fiscal Year 22/23.
126
Board of County Commissioners
November 5, 2019
Page 2
3. Utility Impact Fees—Growth has caused the need for additional sites to dispose of or"park"
reclaimed water. $1.8 million is budgeted in the County's CIE in Fiscal Year 20/21 for a
TMDL/Utility/Effluent Storage project.
Should the Board approve the proposed land purchase, the funds will be programmed into the 19/20 CIE
to be brought to the Board in December.
Description Account Number Percent Amount
Optional Sales tax 31524338-066110-19009 30% $1,785,000
Park Impact Fees 10321072-066110-19009 10% $ 595,000
Utility Impact Fees 472-169000-19009 60% $3,570,000
Total 100% $5,950,000
Note that there will be additional investment needed to further design and construct the site. Those costs
are not known at this time and the funding required for any future potential project are not part of this=
agenda item and would be brought back to the BCC for approval at a future date.
RECOMMENDATION.
The County.Attorney's Office recommends that the Board of County Commissioners authorize the
Chairman to sign the purchase and sale agreement for the Premier Citrus LLC properties for
$5,950,000.00,after review and approval by the County Attorney.
ATTACHMENT.
Proposed Purchase and Sale Agreement
127
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
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"), whose
address is 1801 27th Street, Vero Beach, FL 32960 and Premier Citrus, LLC, a Florida
Limited Liability company,whose address is 625 66th Avenue SW Vero Beach, FL 32968
("Sellers"), who agree as follows:
1. 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, two parcels of real property totaling approximately 243.50 acres,
generally described as lying east of 1-95. The two contiguous parcels being bordered by
82"d Avenue to the east, 4th Street to the north, Interstate 95 to the west and 1St Street SW
to the south, County of Indian River, State of Florida more specifically described on
composite Exhibit "A" attached hereto and incorporated by reference herein and all
improvements thereon, together with all easements, rights and uses now or hereafter
belonging thereto (collectively, the "Property").
2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the
Property shall be Five Million Nine Hundred Fifty Thousand Dollars($5,950,000.00). 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, by approval by the Indian River County Board of County Commissioners at a
formal meeting of such Board.
3. Contingencies. This Agreement shall be contingent upon approval by the Indian
River County Board of County Commissioners at a formal meeting of the Board.
4. 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").
4.1 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 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
128
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.
5. Representations of the Seller.
5.1 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.
5.2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair, encumber, mortgage 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.
5.3 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.
5.4 Seller shall permit the County or its agents to access the property upon reasonable
notice to perform the necessary testing and examinations in order to determine the
suitability of the Property for the County's purposes. Following the completion of the
testing and examination, the Property shall be returned to its original condition, reasonable
wear and tear excepted.
6. Default.
6.1 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.
6.2 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:
129
7. Closing.
7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 45 days following the Effective Date of this Agreement. 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 paragraphs 3 and 4.
(b) The Seller shall have removed all of its personal property and equipment from the
Property and Seller shall deliver possession of the Property to County vacant and in the
same or better condition that existed at the Effective Date hereof.
(c) 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.
(d) 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.
(e) 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.
7.2 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.
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 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:
130
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 Pro-rated property taxes, if any.
9. Miscellaneous.
9.1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida. Venue shall be in Indian River County for all state
court matters, and in the Southern District of Florida for all federal court matters.
9.2 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the Seller and the County relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns.
9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed
by certified mail, return receipt requested, or if sent via "overnight" courier service or
facsimile transmission, as follows:
If to Seller: Premier Citrus, LLC
625 66th Avenue SW
Vero Beach, FL 32968
If to County: Indian River County
1801 27th Street
Vero Beach, FL 32960
Attn: Vincent Burke, Utilities Director
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.
131
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 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.
132
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
PREMIER CITRUS, LLC INDIAN RIVER COUNTY, FLORIDA
a Florida Limited Liability company BOARD OF COUNTY COMMISSIONERS
By: By:
Name: Bob Solari, Chairman
Title:
Date Signed: Date Approved:
Witnessed by: Attest: Jeffrey R. Smith, Clerk of Court
And Comptroller
By
Printed Name: Deputy Clerk
Witnessed by:
Printed Name:
Approved for BCC Agenda
Jason E. Brown
County Administrator
Approved as to form
And legal sufficiency.
William K. DeBraal
133
Deputy County Attorney
Exhibit "A"
(Legal Description)
134
L
November 12, 2019
ITEM 14.E.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: November 4, 2019
SUBJECT: Requesting Census of Current IRC Parks and Recreation Equipment
FROM: Tim Zorc
Commissioner,
sioner, District 3
Discussion Item:
I'd like to request Parks and Recreation Department conduct an inventory of all county
parks' existing playground equipment, covered shelters, park benches, and barbeque
grills, plus any other related items typically found in our parks.
The purpose of the inventory would be to ensure we have adequate and appropriate park
equipment for all county residents to enjoy, including features supporting the Americans
with Disabilities Act (ADA). Once the inventory is completed, any identified shortfalls or
deficiencies could be identified and included in the park budget for the next budget cycle.
135
/yF
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.
136
(112
L 0 R I D A TECH Restore Lagoon Inflow Research Phase 1
Brief Project Summary and Project Outcomes
The Indian River Lagoon(IRL)located along Florida's east central coast is under severe stress.The IRL
has experienced multiple fish kills,massive brown algal blooms,flourishment of harmful bacteria,and
the loss of over 47,000 acres of seagrass.Florida and the IRL community must ensure the best
combination of restoration solutions are ultimately implemented to protect the 5 county region's quality
of life and the IRL's$7.64 billion dollar impact to the economy.
The Indian River Lagoon,as a bar-built estuary,is far different than the Tampa Bay and Chesapeake Bay
systems. They have large,natural watersheds that enhance water circulation whereas the IRL does not.
Historically,the IRL did benefit from the natural occurrence of inflows and wetlands before infrastructure
was put in place to support a growing population.The goal of Florida Tech's Restore Lagoon Inflow
(RLI)research study is to gauge the impacts of the controlled reintroduction of ocean seawater into the
IRL as a contributing solution to restoration efforts. The RLI research project is not intended to support
an artificial inlet or suggest a complete solution to restoring IRL water quality.
With 2019-2020 State of Florida funding of$800,000 administered by the Florida Department of
Education,Florida Tech faculty and students are planning and performing studies at lagoon and coastal
study sites. An external peer-review panel and outreach efforts are providing calibration support for
Florida Tech's RLI project team. The first phase of the RLI study will gather baseline data and modeling
on existing water quality,biological parameters and hydrologic conditions at potential locations for future
temporary permitted inflow test structures. The RLI Phase 1 Modeling and Engineering Project Research
will proceed in parallel with Biological and Water Quality Monitoring in Advance of Enhanced
Circulation Pilot.
Modeling and Engineering Project Research Outcomes
Objectives of the modeling and engineering component of the project are aimed at testing the overall
hypothesis that controlled water exchanges between the Indian River Lagoon can be engineered to
provide improved flushing and water quality within local compartments of the IRL without the negative
impacts on littoral sediment budgets linked to permeant stabilized inlets. Specific project outcomes
include:
1) Three specific locations will be identified(2 in Banana River and 1 in Indian River County)
where exchanges of coastal ocean water into the IRL system can be optimized with respect to
practicality,effective water control structures,and eventual permitting;
2) A system of nested hydrodynamic and transport models will be set up that can be operated by
accurately exchanging model boundary conditions from the coastal ocean into the IRL
estuarine system;
3) The modeling system will be calibrated with respect to historical process data;
4) The potential for improved circulation and flushing of based on controlled ocean inflows to
IRL at three selected locations(2 in Banana River and 1 in Indian River County)will be
determined;
5) A 20%percent design for water control structures at two locations will be created that can
produce the modeled inflows.
Page 1 of 3
Florida Institute of Technology • 150 West University Blvd • Melbourne,FL 32901 • FIT.edu
vi
13‘a —I
II. iz .11 14 i.
ffr
F L 0 R I D A TECH Restore Lagoon Inflow Research Phase 1
Biological and Water Quality Monitoring in Advance of Enhanced Circulation Pilot Outcomes
Ecosystem monitoring is critical to ecosystem health and answers important questions about the
effectiveness of programs to maintain ecosystem health."This USGS statement on ecological monitoring
is even more relevant when the strategy for maintaining ecosystem health is a dramatic intervention
intended to reverse the decline of a degraded system. A large-scale engineering project intended to
mitigate poor water quality and improve habitats,such as the proposed enhancement of circulation of the
Indian River Lagoon(IRL),requires an accurate understanding of the current status of water quality and
biological resources to determine impacts and assess project success. In the IRL system,possible changes
or improvements will best be measured by their impacts on water quality(e.g.,salinity,temperature and
nutrients)and biology(plankton,fishes, seagrasses and benthic fauna). Specific project outcomes
include:
1) Predictions of biological responses to restored lagoon inflow based on hydrodynamic model
projections of water changes and the environmental tolerances of the organisms
2) An inventory of the phytoplankton,including potentially harmful algal bloom species,that
may be impacted,displaced or introduced as a result of restoring lagoon inflow
3) A measure of existing algal bloom activity(cell counts and photosynthetic pigment levels)in
the region impacted by restored lagoon inflow
4) An inventory of the benthic fauna that may be impacted,displaced or introduced as a result of
restoring lagoon inflow
5) An inventory of seagrasses and drift algae that may be impacted,displaced or introduced as a
result of restoring lagoon inflow
6) Quantification of fish larvae recruiting into the IRL,with emphasis on the sites of interest in
the current project.
7) Characterization of the environmental determinants of the community structure of fishes in
the IRL,with emphasis on the sites of interest in the current project.
8) Formulation of biophysical models to predict the responses of key fish-species to
environmental change in the IRL,with emphasis on the sites of interest in the current project.
9) Evaluating alternative indicators of ecological status to reliably assess and monitor
anthropogenic disturbance and recovery.
10) Development of cost-effective tools to complement and enhance FWC fisheries resource
monitoring with improved detection of historically under sampled species.
11) Calculate impacts of pumping,based on direct dilution by seawater,on concentrations of
nutrients in the lagoon;plus,calculate the quantity of nutrients that could be discharged into
the coastal ocean.
12) Determine if data from the few existing water quality sensors(-0.5-1.0 m)can be
extrapolated to determine conditions in bottom water near proposed pumping locations.
13) Determine how changes to temperature,salinity,and DO that could result from various levels
of pumping would influence the geochemical cycling of nitrogen,phosphorus,oxygen plus
sulfate and sulfide in the lagoon.
Page 2 of 3
Florida Institute of Technology • 150 West University Blvd • Melbourne,FL 32901 • FIT.edu
vi
( A0
(1- 1Z ii1 t4.f 1.
(Th* T E C H Restore Lagoon Inflow Research Phase 1
Florida Tech RLI Teams—Principal Investigators
Modeling and Engineering Project Research Outcomes
• Gary Zarillo,Ph.D.,Professor of Oceanography and Environmental Science,Ocean Engineering
and Marine Sciences,Florida Institute of Technology
• Robert J.Weaver,Ph.D., Associate Professor of Ocean Engineering,Ocean Engineering and
Marine Sciences,Florida Institute of Technology
• Ashtok Pandit,Ph.D.,Professor and Department Head,Civil Engineering, Florida Institute of
Technology
Biological and Water Quality Monitoring in Advance of Enhanced Circulation Pilot Outcomes
• Kevin B.Johnson,Ph.D.,Professor of Oceanography and Environmental Science,Ocean
Engineering and Marine Sciences,Florida Institute of Technology
• Ralph Turingan,Ph.D.,Professor of Biological Sciences,Program Chair,Ocean Engineering and
Marine Sciences,Florida Institute of Technology
• Jeff Eble,Ph.D.,Visiting Professor,Ocean Engineering and Marine Sciences,Florida Institute of
Technology
• Austin Fox,Ph.D., Assistant Professor of Oceanography,Ocean Engineering and Marine
Sciences,Florida Institute of Technology
Project Manager
• John G.Windsor,Ph.D.,Research Professor of Oceanography and Environmental Science, Ocean
Engineering and Marine Sciences,Florida Institute of Technology
Florida Tech Indian River Lagoon Research Institute FIT.edu/Indian-River-Lagoon/
Inquiries and Connectivity
• Robert E. Salonen,MPA,CEcD,Director,Government Affairs& Strategic Partnerships
Florida Institute of Technology;Mobile: 321.501.1900;RSalonen@FIT.edu
Page 3 of 3
Florida Institute of Technology • 150 West University Blvd. • Melbourne,FL 32901 • FIT.edu
vi
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Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
* ka4 \ SIC
l'tORIO.'
Solid Waste Disposal District
Meeting Minutes - Draft
Tuesday, July 23, 2019
Special Call Meeting
Commission Chambers
Board of County Commissioners
Bob Solari, Chairman, District 5
Susan Adams, Vice Chairman, District 1
Joseph E. Flescher, District 2
Peter D. O'Bryan, District 4
Tim Zorc, District 3
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Randi Wardlow, Deputy Clerk
137
Board of Commissioners SWDD Meeting Minutes-Draft July 23,2019
6. SPECIAL DISTRICTS AND BOARDS
6.A. Solid Waste Disposal District
6.A.1. 19-0686 Preliminary FY 19/20 SWDD Assessment-Mandatory Garbage Collection
Recommended Action: Staff recommends that its Board vote to approve the proposed Solid Waste
Residential Charge of$107.44 per WGU,which equates to a rate of$171.90
per ERU rate for the unincorporated areas of the County within the Urban
Service Area, and to approve the proposed Solid Waste Residential Charge of
$75.56 per WGU,which equates to a rate of$120.90 per ERU for properties
outside the urban service area.
Attachments: Staff Report
Director of Utility Services,Vincent Burke, appeared before the Board
requesting direction on the Solid Waste Charge/Assessment that was voted on at
the July 17, 2019 Budget Workshop Fiscal Year 2019/2020. Director Burke
recounted that the Solid Waste Disposal District(SWDD)Board had voted to
approve a proposed charge for mandatory garbage service for all residents in
unincorporated Indian River County.
Since that meeting, it was determined that it would be practical to apply the
approved proposed charge to only those residents within the boundaries of
Waste Management's Urban Service Area. Staff was seeking approval to move
forward with an increased rate of$171.90 per ERU for residents within the
service area, and an unchanged rate of$120.90 per ERU for residents outside of
the service area boundary.
Commissioner O'Bryan requested clarification on the July 17th vote,which he
recalled as differing from staffs recommendation. Discussion ensued among
the Board and staff regarding the rationale for having two different service
rates. Himanshu Mehta,Managing Director of SWDD, confirmed that the
in-boundary rate was an estimate based on provisions of the existing service
contract. A rate for residents outside of the service area could not yet be
estimated, so those residents would not see any change to their SWDD
assessment.
Commissioner O'Bryan clarified that the$171.90 rate included only six(6)
months of garbage collection, starting April 1,2020,and would only apply to
residents within the provider's Urban Service Area. He restated his concerns
with contaminated recycling as the driver for the move to mandatory garbage
collection.
Chairman Solari sought to reassure residents who were currently contracted for
garbage collection that they would pay less for service once final negotiations
were completed.
Indian River County Florida 1313ge
Board of Commissioners SWDD Meeting Minutes-Draft July 23, 2019
A motion was made by Commissioner O'Bryan,seconded by Chairman Solari,to
approve staffs recommendation. The motion carried by the following vote:
Aye: 5- Chairman Solari,Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
1
Indian River County Florida l age 2
/58
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: October 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: Final Pay for Twelfth Amendment to Republic Services for Hurricane Dorian 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.The agreement is valid through December 31, 2024 and includes a provision
for Hurricane related services.
Due to Hurricane Dorian,the County Administrator signed the Twelfth Amendment to Republic Services
for hurricane related services per his authority under Resolution 2019-58 and it was ratified by the
SWDD Board on September 10, 2019. In accordance with their 2019 Hurricane Preparedness Plan (Plan),
Republic Services provided 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.
Analysis:
Staff and Republic Services in conjunction with the Department of Emergency Services issued
appropriate notice of closures to the residents of Indian River County related to the Landfill and the
Customer Convenience Centers. In accordance with the Plan,the following is the actual closure plan that
was implemented:
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
Saturday,August 31,2019 Open Closed Open
(to the Public,get ready for post-storm)
Sunday,September 1,2019 Closed Closed
(to the Public,get ready for post-storm)
Monday,September 2,2019 Closed Closed
Tuesday,September 3,2019 Closed Closed
Wednesday,September 4,2019 Open Open(Normally Closed)
Thursday,September 5,2019 Open Open(Normally Closed)
Friday,September 6,2019 Open Open
Republic Services did not have any additional costs associated with Landfill Operations and Maintenance
activities related to Hurricane Dorian. However,they did submit an invoice related to additional hours to
140
clean-up the CCC's and for additional tonnages primarily associated with pre-storm clean-up. The
approved rate is$41.99 per hour for the employees and the rate for additional tonnage is $17 per cubic
yard.
In accordance with the Agreement procedures, Republic Services has submitted a total invoice in the
amount of $34,022.77 which includes a cost of $11,456.97 for additional 272.85 hours for employee
labor utilized to clean up the CCC's and to operate the CCC's when they normally would be closed. Also,
the total invoice includes the transportation of an additional 1,227.53 cubic yards of garbage and an
additional 99.87 cubic yards of yard waste for a total cost of$22,565.80.
Please note, the Agreement includes the calculation for the additional tonnage based on using the
average of the six months prior to the storm and comparing it to the monthly average of garbage and
yard waste in the two months following the storm. The intent for this provision was to achieve normal
waste disposal conditions at the CCC's following the storm. However, given that Hurricane Dorian did
not result in major inland vegetative or loss of food due to power outages, most of the clean-up
activities were pre-storm. Therefore, staff accepts Republic Services use of only the month of August
2019 to determine the additional tonnages.
Staff has reviewed the back-up material and recommends approval of payment of$34,022.77.
Funding:
Funds for these services were accrued at fiscal year-end. The accrual was established for Other
Contractual Services — Dorian. Funding for these services was budgeted and is available in FY18/19
accrual account.This account was funded from SWDD assessments and user fees.This final pay will also
be submitted to the Federal Emergency Management Agency(FEMA)for possible reimbursement.
Description Account Number Amount
Other Contractual Services- Dorian 41125534-033490-19028 $34,022.77
Recommendation:
SWDD staff recommends that its Board approve the following:
a. Approve the Final Pay for the Twelfth Amendment to Republic Services in the amount of
$34,022.77 for provision of additional services in response to Hurricane Dorian for the non-Class
1 landfill services.
Attachment:
1) Hurricane Dorian Final Invoice by Republic Services (on file in the Department of Utility Services)
141
1583
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum_
Date: November 4,2019
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: Interlocal Agreement between the Solid Waste Disposal District and St.Lucie County for
Recycling Services
Descriptions and Conditions:
On August 21, 2012,the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved
the Recyclables Transfer, Processing and Marketing Agreement (Agreement) to Resource Recovery
Systems, LLC d/b/a ReCommunity ("ReCommunity"). This Agreement was in response to Request for
Proposal (RFP) No. 2012023 for dual-stream recycling services for a five (5) year term commencing on
September 1, 2012, with an optional five (5) year extension. On July 14, 2015, the SWDD Board
approved the First Amendment to the Agreement, which assigned the processing services from
ReCommunity to Tropical Exchange Corporation d/b/a Tropical Recycling and transitioned from dual-
stream processing to single stream processing. The First Amendment to the Agreement amended the
initial term from five (5) years to eight (8) years through August 31, 2020. On September 18, 2018,the
SWDD Board approved the Second Amendment to the Agreement to approve the optional two (2) year
extension to the Agreement through August 31, 2022.
On August 13, 2019, Tropical Recycling notified SWDD staff that their processing facility in Ft. Pierce
suffered a catastrophe from unforeseen weather on August 12, 2019. Specifically, Brian Katz, President
of Tropical Recycling, stated that "Our entire infrastructure is severely affected by the damage,
rendering us unable to transfer and process recyclables; the duration of this could be four weeks or
possibly longer.We are currently making all efforts to resume operations as quickly as possible."
On August 16, 2019, the respective County Administrators for Indian River County and St. Lucie County
agreed to a month-by-month letter agreement for SWDD to transport and for St. Lucie to process the
recyclables due to the emergency nature of the situation. SWDD began sending the recyclables on
August 21, 2019.
On October 14, 2019,Tropical Recycling informed SWDD staff that the City of Ft. Pierce had condemned
their processing facility on October 9, 2019.
Therefore, staff is requesting approval of the attached Interlocal Agreement between SWDD and St.
Lucie County to formalize the processing of recyclables generated in Indian River County. St. Lucie staff
is planning to tentatively bring this draft agreement to their Board for approval on November 19,2019.
SWDD Agenda-Interlocal Agreement between SWDD and St Lucie County Page 14f2
SWDD Item
Analysis:
A brief summary of the attached Interlocal Agreement is,as follows:
• Delivery and Acceptance of Recyclables — SWDD, through its authorized Recyclables transporter,
may transport and deliver to the St. Lucie County Single Stream Processing Facility, recyclables
collected in Indian River County.St. Lucie's Facility will accept the recyclables for sorting, processing,
baling, marketing, and selling by St. Lucie.
• Term of the Agreement — The initial term of this agreement shall commence retroactively to
August 21, 2019 when SWDD started delivering recyclables to St. Lucie County, and terminates on
September 30, 2025. The agreement shall automatically renew for an additional five (5) year term
unless written notice of non-renewal or termination with appropriate notice as stipulated in the
agreement.
• Transportation Costs—SWDD is responsible for the transportation cost for delivering the recyclables
to St. Lucie County. SWDD is also responsible for any transportation cost back to the IRC Landfill as a
result of St. Lucie County rejecting recyclables in accordance with the appropriate procedures in the
agreement.
• Processing& Marketing Fee—Only in terms of a revenue share to SWDD which is detailed below, St.
Lucie County will charge SWDD a processing and marketing fee of$75 per ton for the recyclables and
$10 per ton for Old Corrugated Cardboard (OCC). Otherwise, SWDD shall not be required to pay a
processing fee to St. Lucie if the Average Market Value (AMV) of the recyclables is less than $75.00
per ton or the value of segregated OCC is less than $10.00 per ton.
• Revenue Share (This section only applies if the AMV for recyclables exceeds $75.00/ton, or the
AMV for OCC exceeds$10/ton.)—On a monthly basis,starting October 1,2019,St. Lucie County has
agreed to share 50% of the revenue from the sale of recyclables less the AMV of $75 per ton to
cover their processing and marketing costs. Similarly, St. Lucie County has agreed to share 50% of
the revenue from the sale of segregated OCC less the AMV of$10 per ton for their marketing costs.
The segregated OCC requires minimal processing by St. Lucie County which reflects the difference in
the rates for recyclables vs. OCC materials.
The following table shows the quantities of recyclable materials for the past four years:
Materials FY 15/16 FY 16/17 FY 17/18 FY 18/19 Total Average
Old Corrugated Cardboard 2,358 2,586 2,130 898 7,972 1,993
Single Stream Recyclables 14,770 15,953 17,302 15,614 63,640 15,910
Total 17,128 18,539 19,432 16,512 71,611 17,903
Transportation Cost
@$16/tonoi $274,048 $296,624 $310,912 $264,192 $1,145,776 $286,444
(a) This is the current rate;however,transportation of recyclables will be going out to bid.
It is anticipated that based on the current recycling market conditions that there may be some
minimal revenue to be received for OCC; however, the current AMV for the single stream
SWDD Agenda-Interlocal Agreement between SWDD and St Lucie County Page 14
SWDD Item
recyclables does not merit a revenue share to SWDD at this time. In the event recycling market
conditions improve (i.e., the AMV exceeds $75/ton), there could be the potential for SWDD to
receive minimal revenue from single stream recyclables.
SWDD staff supports and recommends approval of the Interlocal Agreement between SWDD and St.
Lucie County.
In addition,SWDD staff and Tropical Recycling have mutually agreed to terminate our agreement,which
we will bring for SWDD Board approval at a future board meeting.
Funding:
Funding for the SWDD Recycling services is budgeted and available in the SWDD recycling account,
which is funded from SWDD assessments and user fees.
Description Account Number _ Amount
Other Contractual Services 41125534-033490 $300,000
As a conservative estimate, staff is estimating 20,000 tons per year at a rate of $15 per ton for the
transportation of recyclables from Indian River County to St. Lucie County which results in an
approximate cost of$300,000 per year.
Recommendation:
Solid Waste Disposal District staff recommends that its Board approve the Interlocal Agreement with St.
Lucie County and authorize the Chairman to execute the same, as presented, upon legal review and
approval of the same agreement by the St. Lucie County Board of County Commissioners.
Attachment:
1) Interlocal Agreement with St. Lucie County
SWDD Agenda-Interlocal Agreement between SWDD and St Lucie County Page 144
INTERLOCAL AGREEMENT FOR
RECYCLING SERVICES
This Interlocal Agreement for Recycling Services ("Agreement") is made and
entered into this day of , 2019 ("Effective Date"), by and between
St. Lucie County, a political subdivision of the State of Florida ("St. Lucie"), and Indian
River County Solid Waste Disposal District, a dependent special district of Indian River
County, Florida ("Indian River").
RECITALS
WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Section 163.01,
Florida Statutes) authorizes local governments "to make the most efficient use of their
powers by enabling them to cooperate with other local governments on a basis of
mutual advantage and thereby to provide services and facilities in a manner" that will
benefit both communities; and
WHEREAS, Indian River collects Recyclable Materials in Indian River County
and then delivers those materials to a private contractor's facility, where the Recyclable
Materials are sorted and processed before being sold; and
WHEREAS, the contractor's processing facility shutdown in August 2019 due to
unanticipated problems and Indian River does not know when the contractor's facility
will resume operations; and
WHEREAS, St. Lucie owns and operates a recycling facility ("Facility") that has
the physical capacity to sort, process, and bale Indian River's Recyclable Materials; and
WHEREAS, Indian River asked St. Lucie to accept Indian River's Recyclable
Materials on an emergency basis, and St. Lucie agreed to provide this service, pursuant
to a letter agreement dated August 16, 2019; and
WHEREAS, Indian River and St. Lucie wish to memorialize their understanding
and provide for a long-term relationship in the event the contractor's facility does not
resume operations in a timely manner or is unable to operate in the future; and
WHEREAS, Indian River is willing to provide Indian River's Recyclable Materials
to St. Lucie, and St. Lucie is willing to receive Indian River's Recyclable Materials,
subject to the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual covenants set
forth herein, the receipt and sufficiency of which are hereby acknowledged, St. Lucie
and Indian River agree to comply with and be bound by the following terms and
conditions:
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Section 1. Recitals.
The recitals set forth above are true, correct, and incorporated into this
Agreement.
Section 2. Statutory Authority.
The statutory authority to enter into this Agreement is granted to St. Lucie and
Indian River by Chapter 163, Florida Statutes (2018).
Section 3. General Purpose.
St. Lucie and Indian River are entering into this Agreement because they wish to
establish the terms and conditions that will govern their activities when Indian River
delivers Recyclable Materials to St. Lucie's Facility for St. Lucie's acceptance and
processing.
Section 4. Definitions.
The capitalized words and phrases in this Agreement shall have the meanings
set forth in this Section 4. If a word or phrase is not defined in this Agreement, the
definitions in Chapter 403, Florida Statutes, and Title 62, Florida Administrative Code, in
effect on the Effective Date shall be used to supplement the definitions in this
Agreement. If there is a conflict between a definition contained herein and any other
definition, the definition contained herein shall control when construing this Agreement.
Applicable Law means any local, state or federal statute, law, constitution,
charter, ordinance, judgment, order, decree, permit, rule, regulation, standard or
similar binding authority, or a judicial or administrative interpretation of any of the
same, which is in effect or is enacted, adopted, promulgated, issued or enforced
by a governmental body during the term of this Agreement, and relate in any
manner to the performance of Indian River or St. Lucie under this Agreement.
Board means (a) the Board of County Commissioners of Indian River
County, sitting as the Board of the Indian River County Solid Waste Disposal
District, or(b) the Board of County Commissioners of St. Lucie County, or(c)
both, as indicated by the context of this Agreement.
County Administrator means the chief administrative officer of a Party or
their designee.
Effective Date means the latter of(a) the date when this Agreement is
signed and duly executed by St. Lucie or(b) the date when this Agreement is
signed and duly executed by Indian River.
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Excessive Amount means, solely with regard to Loads of material
delivered to the Facility pursuant to this Agreement, that twenty-five percent
(25%) or more of the Load is comprised of Non-Conforming Material.
Facility means the recycling facility that is owned and operated by St.
Lucie at 6120 Glades Cut-Off Road, Ft. Pierce, Florida.
Force Maieure means the following events and circumstances, but only to
the extent that they delay or preclude a Party from performing one or more of its
obligations under this Agreement: (a) a hurricane, tornado, lightning, flood, fire,
explosion, or epidemic; (b) acts of war, terrorism, insurrection, riots, civil
disturbances, or national or international calamities; (c) suspension, termination,
or interruption of utilities necessary to a Party's operations or duties under this
Agreement; (d) an injunction, or a legal or equitable proceeding brought against a
Party, or a change in Applicable Law; (e) a malfunction or breakdown at the
Facility; and,(f) any act, event, or condition that is determined by mutual
agreement of the Parties to be of the same general type as the events of Force
Majeure identified in (a) through (d), above.
Indian River means the Indian River County Solid Waste Disposal District,
a dependent special district of Indian River County, Florida.
Load means the Recyclable Materials and other cargo in a truck or tractor
trailer that transports Recyclable Materials to St. Lucie's Facility.
Non-Conforming Material means any material that is not a Program
Material. Non-Conforming Material also includes but is not limited to: (a) any
Program Material that is mixed with or contaminated by solid or liquid waste; and
(b) any Program Material that cannot be processed at the Facility or cannot be
sold because it is too wet, too old, or otherwise in unacceptable condition.
Party means, depending on the context, either Indian River or St. Lucie.
Parties means Indian River and St. Lucie.
Program Materials means those Source Separated Recyclable Materials
that St. Lucie will accept for recycling at its Facility. The current list of Program
Materials is contained in Exhibit "A."
Recyclable Material means those materials that are capable of being
recycled.
Source Separated means that Recyclable Materials are separated from
solid waste at the location (e.g., a home)where the Recyclable Materials and
solid waste are generated. Source Separated does not require that the various
types of Recyclable Materials must be separated from each other, and
Page 3 of 15
147
recognizes that some Non-Conforming Material may be included in the
Recyclable Materials, as provided in Exhibit "B."
St. Lucie means the government of St. Lucie County, Florida, acting
through the Board of County Commissioners of St. Lucie County or the Board's
designees.
Section 5. Specific Conditions.
5.1 Subject to the conditions herein, all of the Recyclable Materials that Indian
River collects may be delivered to St. Lucie's Facility for sorting, processing, baling,
marketing, and sale by St. Lucie.
5.2 Indian River shall ensure that Indian River's Recyclable Materials are
delivered to St. Lucie's Facility during the Facility's normal business hours. The
Facility's normal business hours currently are 8:00 A.M. until 5:00 P.M., Monday
through Friday, and from 8:00 A.M. until 12:00 P.M. (noon) on Saturdays, except
holidays.
5.3 Indian River shall use its best efforts to ensure that Indian River does not
place Solid Waste or other types of Non-Conforming Material into the trucks and trailers
used to transport Recyclable Materials from Indian River to St. Lucie's Facility. St.
Lucie shall have the right to reject any Non-Conforming Material that Indian River
tenders to St. Lucie at the Facility, subject to the requirements in Exhibit "B."
5.4 At its option, Indian River may weigh the Recyclable Materials before
Indian River transports the Recyclable Materials to St. Lucie's Facility. St. Lucie shall
use its scales to weigh the Recyclable Materials that are delivered to the Facility by
Indian River. St. Lucie shall prepare and maintain accurate records concerning the
date, time, and weight of the shipments from Indian River to the Facility. Upon request,
St. Lucie and Indian River shall provide each other with copies of their respective
records concerning the Recyclable Materials that are delivered to the Facility pursuant
to this Agreement. St. Lucie shall prepare and submit reports to the Florida Department
of Environmental Protection concerning the Recyclable Materials delivered to the
Facility, as required under Applicable Law.
5.5 Indian River shall be solely responsible for, and shall pay all of the costs
for collecting, transporting, and delivering its Recyclable Materials to the Facility, as well
as transporting and disposing of any Non-Conforming Material that is rejected by St.
Lucie. St. Lucie shall be solely responsible for, and shall pay all of the costs for sorting,
processing, baling, marketing, selling, and/or disposing of the Program Materials that
Indian River delivers to the Facility. Indian River shall not pay any fee to St. Lucie for
the services St. Lucie provides under this Agreement, except as otherwise provided in
Exhibit "C", below. St. Lucie shall retain any revenues it receives from the sale of Indian
River's Program Materials, except as otherwise provided in Exhibit "C", below. All of
Indian River's rights, title, and interest in the Recyclable Materials shall be transferred
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automatically to St. Lucie when St. Lucie accepts the Recyclable Materials at the
Facility.
5.6 St. Lucie and Indian River agree to fully cooperate with each other and
perform all acts necessary for the successful implementation of this Agreement. St.
Lucie and Indian River shall comply with all Applicable Laws when performing their
respective duties under this Agreement. St. Lucie and Indian River shall each be
responsible for the acts, errors, and omissions of their respective officers, employees,
agents, and other representatives when they are conducting activities pursuant to this
Agreement.
Section 6. Term and Termination.
6.1 This Agreement shall be binding on the Parties from the Effective Date
until this Agreement expires or is terminated in compliance with the requirements
herein. Further, this Agreement shall be applied and enforced retroactively to August
21, 2019 — i.e., the day when Indian River began to deliver Recyclable Materials to St.
Lucie's Facility. The initial term of this Agreement shall expire on September 30, 2025.
At the end of the initial term, this Agreement shall be renewed and extended
automatically, without any further action by either Party, for an additional term of five (5)
years, unless one Party provides notice to the other Party on or before October 1, 2024
that it does not wish to extend this Agreement.
6.2 Either Party may terminate this Agreement for convenience, with or
without cause, after giving written notice in compliance with Section 10, below. If a
Party gives notice that it wishes to terminate this Agreement for convenience, the
termination shall be effective 180 days after the notice of termination is delivered to the
other Party.
6.3 Notwithstanding anything else contained herein, the County
Administrators for Indian River and St. Lucie are hereby granted the authority to: (a)
terminate this Agreement for convenience; and (b) designate any date they mutually
select for the termination. If the Administrators wish to deviate from the requirements in
Section 6.2, both County Administrators must confirm in writing that they approve the
designated date for the termination. The County Administrators do not need to obtain
prior approval from either Board before the County Administrators exercise the authority
granted to them under this Section 6.3.
Section 7. Force Majeure.
A delay or failure of performance by a Party shall not constitute a default
hereunder and shall not give rise to any claims for damages, if and to the extent that
such delay or failure is caused by an event of Force Majeure and the event of Force
Majeure (a) is beyond that Party's reasonable control and (b) materially and adversely
affects that Party's ability to perform its obligations under this Agreement. A Party
whose performance is affected by an event of Force Majeure shall give written notice
149
thereof to the other Party as soon as reasonably practicable and shall use commercially
reasonable efforts to immediately remove or overcome the impediment to its
performance under this Agreement.
Section 8. Dispute Resolution.
The Parties shall use their best efforts to resolve any disputes under this
Agreement amicably, in an informal manner, without resorting to litigation. If the Parties
are unable to resolve the dispute in a mutually acceptable manner, either Party may file
suit for injunctive relief, mandamus, or specific performance, or exercise any other legal
or equitable remedies to enforce the obligations and covenants in this Agreement.
Section 9. Amendment.
This Agreement may be amended only by a written document that is signed by
both Parties and approved by each Party's Board, except: (a) as otherwise provided in
Section 6.3, above; and (b) the list of Program Materials in Exhibit "A" may be amended
with the written consent of the County Administrators for Indian River and St. Lucie,
without obtaining the approval of the Board for either Party.
Section 10. Notices.
All notices, requests, consents, and other communications required or permitted
under this Agreement shall be in writing and shall be hand-delivered by messenger or
courier service, or sent by facsimile communication or e-mail, or mailed by registered or
certified mail (postage prepaid) return receipt requested, and shall be addressed to:
As to Indian River: County Administrator
Indian River County
1801 27th Street
Vero Beach, FL 32960
With a copy to: County Attorney
Indian River County
1801 27th Street
Vero Beach, FL 32960
As to St. Lucie County: County Administrator
St. Lucie County
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
With a copy to: County Attorney
St. Lucie County
2300 Virginia Avenue
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Administration Annex
Fort Pierce, Florida 34982
The documents shall be deemed to have been duly delivered when personally
delivered, or when transmitted by facsimile communication or e-mail and receipt is
confirmed by telephone, or when delivered by U.S. Mail (return receipt requested) or •
courier service as shown by the return receipt.
Section 11. Assignment.
Neither Party shall assign this Agreement to any other person or entity without
first obtaining the non-assigning Party's written approval.
Section 12. Waiver.
No waiver by either Party of a term or condition of this Agreement shall constitute
a waiver of any other term or condition. The failure of either Party to insist upon strict
performance of any of the terms or conditions in this Agreement shall not be considered
to be a waiver or relinquishment of such term or condition. There shall be no waiver of
any term or condition in this Agreement unless the waiver is in writing and signed by the
Party waiving its rights under this Agreement.
Section 13. Severability.
Should any provision, paragraph, sentence, word, or phrase in this Agreement be
determined by a court of competent jurisdiction to be invalid, illegal, or otherwise
unenforceable, such provision, paragraph, sentence, word, or phrase shall be deemed
modified to the extent necessary to conform with Applicable Law or, if not modifiable,
then same shall be deemed severable, and in either event, the remaining terms and
provisions in this Agreement shall remain in full force and effect. Thereafter, this
Agreement shall be construed as if the invalid, illegal, or unenforceable provision had
never been contained herein.
Section 14. Exhibits.
Exhibits "A," "B", and "C" are attached hereto and incorporated herein by
reference.
Section 15. Previous Agreements.
This Agreement embodies the entire understanding of the Parties concerning all
of the matters discussed herein. Upon the Effective Date, this Agreement shall
supersede and replace all prior agreements between the Parties pertaining to the issues
addressed herein, including but not limited to the letter agreement that was sent by the
County Administrator of Indian River on August 16, 2019 and signed by the County
Administrator of St. Lucie.
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Section 16. Filing with Clerk of the Circuit Court.
Pursuant to Section 163.01(11), Florida Statutes, this Agreement and all subsequent
amendments shall be filed with the Clerk of the Circuit Court of St. Lucie County and
with the Clerk of the Circuit Court of Indian River County. This Agreement and
subsequent amendments shall not become effective until they are filed with both clerks.
Each Party shall be responsible for the cost of recording such documents with their
respective Clerk.
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IN WITNESS WHEREOF, the Parties have caused the execution of this
Agreement by their duly authorized officials on the dates stated below.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chair
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
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ATTEST: SOLID WASTE DISPOSAL DISTRICT
Jeffrey R. Smith, Clerk of Court and INDIAN RIVER COUNTY, FLORIDA
Comptroller
BY:
Deputy Clerk Chairman
(SEAL)
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
By:
Jason E. Brown, County Administrator
BY:
Dylan Reingold, County Attorney
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EXHIBIT "A"
LIST OF PROGRAM MATERIALS
Bottles, Containers,Jars,Jugs
Made of Plastic#1-#7 or Glass.
Examples include, but are not limited to: plastic soft drink bottles, water bottles, sports drink
bottles,mouthwash bottles, salad dressing bottles,peanut butter jars, Milk jugs, shampoo bottles,
laundry detergent bottles, yogurt and margarine tubs.
Empty&Rinse.NO Plastic Bags.
Aluminum
Beverage&Food Cans made of Aluminum.
Examples include,but are not limited to: aluminum beverage containers, food trays without food
residue, sheets and flexible containers.
Empty, Rinse&Recycle.
Steel and Tin Cans
Beverage&Food Cans made Steel or Tin.
Examples include,but are not limited to: empty steel and tin aerosol cans,bi-metal containers,
lids composed primarily of whole iron or steel. Paper labels are acceptable. Aerosol cans
containing household hazardous material are not acceptable.
Empty, Rinse&Recycle.
Cardboard
Moving, Shipping, Shoe Boxes, etc.
Remove Packing Material/Plastic Wrap and Flatten. NO Greasy Pizza Boxes.
Paper
Catalogs &Magazines, Envelopes, Mail,Newspaper&Inserts, Office&Writing Paper,
Postcards, telephone books.
Clean, Dry&Flat. NO Shredded Paper.
Paperboard Boxes
Cereal, Cracker, Pasta, Snack Boxes, etc.
Remove Plastic Bags &Plastic Wrap.
Cookie Sheets,Lids,Pots & Pans made of metal
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EXHIBIT "B"
PROCEDURES FOR REJECTING NON-CONFORMING MATERIAL
1. When St. Lucie decides whether to accept or reject Recyclable Material that has been
delivered to the Facility by Indian River, St. Lucie shall use the same criteria that St. Lucie uses
when it decides whether to accept or reject Recyclable Material delivered to the Facility by other
persons. Stated differently, St. Lucie shall not discriminate against Indian River when accepting
or rejecting Recyclable Material.
2. St. Lucie shall have the right to reject any item, material, Load, or partial Load that Indian
River tenders to St. Lucie at the Facility if St. Lucie believes the item, material, Load, or partial
Load is solid waste, hazardous waste, biomedical waste, or other type of Non-Conforming
Material that St. Lucie cannot safely, lawfully, or efficiently process at its Facility. If St. Lucie
rejects any Non-Conforming Material delivered by Indian River, Indian River shall remove it from
the Facility.
3. Subject to the conditions in the Agreement and this Exhibit "B," St. Lucie shall have the
right to reject any Load of material tendered by Indian River at the Facility if St. Lucie
determines that the Load contains an Excessive Amount of Non-Conforming Material.
Excessive Amount means, solely with regard to Loads of material delivered to the Facility
pursuant to this Agreement, that 25% or more of the Load is comprised of Non-Conforming
Material. The 25%threshold may be based on volume or weight, as St. Lucie deems
appropriate under the circumstances. When determining whether the Load exceeds this
threshold, St. Lucie may rely on a visual observation and good faith estimate concerning the
volume or weight of the Non-Conforming Material. At its option, St. Lucie may weigh or
measure the Non-Conforming Material in the Load, but St. Lucie is not obligated to do so.
4. If St. Lucie decides to reject a Load of Recyclable Material that has been delivered to the
Facility by Indian River, St. Lucie shall: (a) isolate the Load at the Facility; (b)take several
representative photographs of the Load from different perspectives; and (c) send the
photographs to Indian River via electronic mail ("e-mail"), which shall include a statement
notifying Indian River that St. Lucie intends to reject the Load depicted in the photographs. For
the purposes of this Exhibit"B", St. Lucie's e-mail shall be addressed to the Manager of the
Indian River Solid Waste Disposal District and a copy shall be addressed to the Manager's
designee.
5. Indian River shall promptly respond to the e-mail from St. Lucie. More specifically,
Indian River shall state that: (a) Indian Rivers accepts St. Lucie's determination, in which case
St. Lucie may immediately reject the Load; or(b) Indian River objects to St. Lucie's
determination, in which case Indian River shall have the right to physically inspect the Load
before St. Lucie makes any final determination concerning the disposition of the material,
provided that Indian River conducts its inspection in compliance with the timeframes set forth in
this Section 5. If St. Lucie provides notice to Indian River before 12:00 p.m. (noon) on a
weekday, Indian River must conduct its inspection before 5:00 p.m. on that same weekday. If
St. Lucie provides notice to Indian River after 12:00 p.m. (noon) on a weekday, Indian River
must conduct its inspection before 12:00 p.m. (noon) on the next day that the Facility is open for
business. If St. Lucie provides notice to Indian River on a Saturday, Indian River must conduct
its inspection before 12:00 p.m. (noon) on the next day that the Facility is open for business. St.
156
Lucie may reject the Load if Indian River fails to respond to St. Lucie's e-mail within four(4)
hours or fails to inspect the Load within the timeframes described in this Section 5.
6. If Indian River's Manager or designee inspects the Load and disagrees with St. Lucie's
determination, the representatives of Indian River and St. Lucie shall work together in good faith
and thereby attempt to resolve their differences informally. In such cases, St. Lucie shall be
bound by the requirements contained herein, including but not limited to the 25%threshold for
Excessive Amounts of Non-Conforming Material, but St. Lucie shall retain the exclusive
authority to decide whether it will accept or reject the Load at its Facility.
•
157
EXHIBIT "C"
PROCEDURES FOR REVENUE SHARING
Segregated Loads of OCC
1. If Indian River delivers segregated Loads of Old Corrugated Cardboard ("OCC")to St.
Lucie's Facility on or after October 1, 2019, St. Lucie and Indian River shall share the revenues
derived from the sale of that OCC, subject to the conditions contained in the Agreement and this
Exhibit "C."
2. The weight of Indian River's OCC shall be determined by weighing the OCC when it
arrives at St. Lucie's Facility. If the scales at St. Lucie's Facility are not operating when the
OCC arrives at St. Lucie's Facility, the weight of the OCC shall be deemed to be the weight
measured by Indian River when the Load left Indian River's facility.
3. The value of the OCC delivered by Indian River shall be equal to the average price
(expressed in dollars per ton)that St. Lucie received from the sale of OCC during the month that
Indian River delivered its OCC. If St. Lucie does not sell any OCC during a month when Indian
River delivers a segregated Load of OCC to the Facility, then the value of the OCC delivered by
Indian River shall be the average price received by St. Lucie in the next month when St. Lucie
sells OCC.
4. St. Lucie shall receive a fee of$10.00 per ton for processing and marketing the
segregated Loads of OCC delivered to the Facility by Indian River. After the processing fee is
deducted from the average price of the OCC, St. Lucie and Indian shall share equally(50% -
50%) in the remaining revenue received from the sale of the OCC delivered by Indian River.
For example, if we assume hypothetically that St. Lucie will sell OCC for an average price of
$100.00 per ton in October 2019, St. Lucie will receive a processing fee of$10.00 per ton, and
then St. Lucie and Indian River will each receive $45.00 per ton for the segregated OCC that
Indian River delivers to St. Lucie's Facility in October 2019 (i.e., $100 - $10 = $90; $90 T 2 =
$45). Both Parties recognize and agree that the actual price received for the OCC may vary
from the amounts shown in this hypothetical example.
Program Materials
5. If Indian River delivers Program Materials to St. Lucie's Facility on or after October 1,
2019, St. Lucie and Indian River shall share the revenues derived from the sale of those
Program Materials, subject to the conditions contained in the Agreement and this Exhibit"C."
The general provisions in Sections 2 and 3, above, shall apply when determining the weight and
average price of the Program Materials.
6. St. Lucie shall receive a fee of$75.00 per ton for processing and marketing the Program
Materials delivered to the Facility by Indian River. After the processing fee is deducted from the
average market value ("AMV") of the Program Materials, St. Lucie and Indian River shall share
equally (50% - 50%) in the remaining revenue derived from the sale of the Program Materials
delivered by Indian River. For example, if we assume hypothetically that the AMV of the
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Program Materials will be $95.00 per ton in October 2019, St. Lucie will receive a processing
fee of$75.00 per ton, and then St. Lucie and Indian River will each receive $10.00 per ton for
the Program Materials that Indian River delivers to St. Lucie's Facility in October 2019 (i.e., $95
- $75 = $20; $20 = 2 = $10).
7. For the purposes of this Exhibit"C" only, the AMV of the Program Materials means the
average amount(measured in dollars per ton)that St. Lucie receives in one month from the sale
of all of the different types of Program Materials (e.g., aluminum; plastic; mixed paper; glass).
However, notwithstanding anything else contained herein, the AMV of the Program Materials
does not include any revenue derived from the sale of segregated Loads of OCC. Indian River
will be compensated separately for such Loads, pursuant to Section 4, above.
Billing Procedures
8. St. Lucie shall pay Indian River within thirty(30) days after the end of the month in which
St. Lucie receives payment from the sale of Program Materials or segregated Loads of OCC. If
St. Lucie does not sell any Program Materials or segregated Loads of OCC during a month in
which Indian River delivers Program Materials or segregated Loads of OCC to the Facility, St.
Lucie shall pay Indian River within thirty (30)days after the next month in which St. Lucie sells
Program Materials or segregated Loads of OCC.
9. Each month St. Lucie shall provide Indian River with a statement that identifies the
revenue received by St. Lucie from the sale of Program Materials and segregated Loads of
OCC during the prior month. Upon request, St. Lucie will provide Indian River with copies of St.
Lucie's public records concerning such matters.
10. Notwithstanding anything else contained herein, Indian River shall not be required to pay
a processing fee to St. Lucie if the AMV of the Program Materials is less than $75.00 per ton or
the value of segregated Loads of OCC is less than $10.00 per ton.
159
1684
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
BOARD MEMORANDUM
Date: October 31, 2019
To: Jason E. Brown,County Administrator
Through: Kristin Daniels, Budget Director
Vincent Burke, PE, Director of Utility Services
Himanshu Mehta, Managing Director,Solid Waste Disposal District
From: Jennifer Hyde, Purchasing Manager
Subject: Award of Bid 2020004—Concrete Crushing and Site Work at IRC Landfill
Descriptions and Conditions:
On February 5, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board
considered an unsolicited Public Private Partnership (P3) proposal relating to the IRC Landfill, submitted
by the Indian River Eco District (IRED), and two supplemental proposals from Gen2, LLC, and Synagro-
WWT. The SWDD Board directed staff to solicit improvements to the yard waste area and recycling of
concrete at the landfill as a separate project.
With respect to concrete crushing, the scope of work includes the on-site crushing of stockpiled
concrete at the landfill and placement of a minimum of 12 inches of crushed concrete across an
approximately 11.25 acre portion of the Yard Waste Facility, to improve the area where yard waste is
dropped off. After completion of the site work and crushing of stockpiled concrete, the contractor will
periodically return to crush and pile material that has been accumulated. The term of the award is one
year, with five additional one-year extensions available, based on contractor acceptance and
determination by staff that the extension is in the best interest of SWDD.
Initially, Bid 2019046 was advertised on July 3, 2019 and was opened on July 31, 2019. No responsive
bids were received, as the sole bidder (Rock Pack, Inc. of Apopka) failed to provide the mandatory bid
security and was disqualified.The bid documents were modified and the project rebid as Bid 2020004.
BID RESULTS:
Advertising Date: August 31, 2019
Bid Opening Date: September 24, 2019
Solicitation Broadcast to: 413 Subscribers
Bid Documents Requested by: 12 Firms
Replies: 2 Firms
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Firm Location Total Annual Bid Price
Sitecrafters of Florida, Inc. Tampa $404,844
Banker's Maintenance and Inspections, LLC Vero Beach DQ
At the bid opening, Banker's Maintenance and Inspections, LLC ("BMI") was determined to be non-
responsive to the requirements of the bid for failure to provide a mandatory bid security at bid
submittal.Their bid price was not disclosed and their bid disqualified.
BMI submitted a timely protest to the disqualification of their bid for failure to provide bid security at
the time of bid submittal. The Purchasing Manager reviewed this protest, consulted with the
Department and the County Attorney, and denied the protest. The supporting documentation is
attached to this agenda item.
Analysis:
The single responsive bid received was reviewed by SWDD, and the bidder, Sitecrafters of Florida, Inc.
("Sitecrafters"), was determined to be responsible and within the estimated budget. However, some
exceptions to the bid specifications were noted in the contractor's bid submittal,which required review.
These exceptions included a larger maximum acceptable size of crushed material than detailed in the
specifications (specifications called for 1%-inch, and they proposed 1%2-inch). The bidder also noted the
weight of all concrete (pre- and post-process) should be based on their belt scales for consistency
(rather than just the crushed material, and the new material separated, loaded onto a trailer and
weighed on the landfill scale, as specified in the bid documents). Additionally, the bidder required a 3%
annual price escalation.
After conferring with the Public Works Division regarding the exceptions noted, the SWDD Managing
Director,the Assistant Public Works Director and the Purchasing Manager discussed the exceptions with
the bidder via telephone to ensure they were clearly understood. The Purchasing Manual states, "if less
than two bids are received, the Purchasing Division, on behalf of the Department, may negotiate on the
best terms and conditions, prior to recommendation of award." The call was recorded, with the audio
available in the Purchasing Division for review.
The crushed material size conflict was attested by the bidder to be in line with FDOT requirements,
which was confirmed and recommended for acceptance by the Assistant Public Works Director.
The bidder explained using belt scales for all billing weights ensures an efficient process because the belt
scales are incorporated in their crushing machine. Additionally, having to reload sorted concrete into
trailers to be driven across landfill scales for weighing would be time consuming. The use of belt scales
was determined to be acceptable to SWDD, as long as periodic calibration tests compared to the
quarterly-calibrated landfill scale(or other mutually-agreed method)takes place to confirm accuracy.
To address the annual price escalation, staff offered and the bidder accepted the inclusion of an annual
Consumer Price Index(CPI) modification,common to many other SWDD agreements.
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Funding:
Unit price per ton is shown in the table below.
Quantity Unit Price Annual Bid Revised
(tons/year) (per ton) Price Estimate
1. Concrete Crushing(Existing
Materials—includes screening, 13,000 $8.67 $112,710 $112,710
sorting and segregating services)
2. Concrete Crushing(New
Materials-includes spotting 12,000 $9'24 $110,880
$8.67 $104,040
services)
3. Site Work for the Yard Waste
Facility(Includes delivery, put- 25,000 $7.25 $181,250 $181,250
down and grade services)
$404,840 $398,000
*Numbers have been rounded to the nearest whole number
During negotiations, the bidder indicated line item 2 should not be necessary, and all crushing activity
anticipated to be billed under line item 1. Therefore, the subtotal for item 2 to crush an estimated
12,000 tons at a rate of$8.67 per ton is $104,040. This revises the total estimated contract amount to
$398,000.
Funds in the amount of $750,000 for the first year of site improvements are budgeted in the SWDD
Landfill Other Improvements Capital account, which is funded from SWDD assessments and user fees.
The optional one-year renewal for concrete crushing services for years two through six would be
recommended for future budget approvals in the SWDD Landfill Other Professional Services account. An
estimated 13,000 tons at the current rate of$8.67 per ton is included for illustration purposes; however,
the actual requested funding would factor in the CPI adjusted rate for the corresponding fiscal year.
Description Account Number Amount
Other Improvements-Capital 411-164051 $398,000
Other Professional Services (Year 2—6) 41121734-033190 $112,710(annually)
Recommendation:
Staff recommends the Board award Bid 2020004 to Sitecrafters of Florida, Inc., and authorize the
Chairman to sign the draft agreement after review and approval by the County Attorney as to form and
legal sufficiency and receipt of the required insurance.
Attachments:
Draft Agreement
Letter of Protest from BMI
Response to BMI Protest
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Draft Concrete Crushing and Site Work Agreement
THIS AGREEMENT(Agreement)is by and between Indian River County Solid Waste Disposal(SWDD)District,
a dependent special district of Indian River County, Florida, a Political Subdivision of the State of Florida
organized and existing under the Laws of the State.of Florida, (hereinafter called OWNER or SWDD) and
SiteCrafters of Florida, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration
of the mutual covenants hereinafter set forth,agree as follows:
ARTICLE 1-WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Concrete Crushing and Site Work at the IRC Landfill including Dust Control & Mitigation in
accordance with Section 3.N of the bid documents.
The following additional specifications are added based on negotiations with the Contractor:
a. The concrete material will be crushed to a nominal 1.5" minus size per the Florida Department of
Transportation(FDOT)specifications.
b. All concrete material (current and future) will be based upon the belt scales provided by the
Contractor.A calibration method agreed by both SWDD and the Contractor will be utilized to verify
the accuracy of the belt scales. In general, this will consist of utilizing SWDD scales to periodically
confirm the accuracy of the belt scales.
c. After crushing operations are complete,the top of the cell will be left at the resulting grade;seed or
sod will not be required by the Contractor.
ARTICLE 2-THE PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Project Name: Concrete Crushing and Site Work at IRC Landfill
Bid Number: 2020004
Project Address: 1325 74th Ave SW,Vero Beach, FL 32968, as well as other
locations as mutually agreed upon by Owner and Contractor
ARTICLE 3-CONTRACT TIMES
The initial term is intended to provide concrete crushing service in order to complete the site work in the
Yard Waste Facility. Future terms are intended for on-going concrete crushing services. The initial term
of this agreement shall be effective for one (1) year from the date of award. The agreement may be
extended for five (5) additional (1)year terms at the same prices and conditions at the time of renewal,
by mutual agreement. Indian River County Purchasing Manager will notify the Vendor in writing ninety
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(90)days prior to the expiration of the agreement as to its intent to renew the agreement.The agreement
may be terminated by either party with at least a ninety(90) calendar day notice of intent to terminate.
ARTICLE 4-CONTRACT PRICE
4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to
the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph
4.01.B, below:
A. For all Work,at the prices stated in CONTRACTOR's Bid,excerpted below:
1. Crushing of materials already on site (screening, sorting and segregating) $8.67 per ton
based on belt scales and Crushing of new materials accepted while Contractor is
on site(including spotting services)
2. Site Work for Yard Waste Facility (delivery, put-down and grading. Excludes $7.25/ton
seeding or sodding)
B. For all Work appropriately completed and invoiced.
C. SWDD and Contractor agree that,after the initial crushing and site work is complete,a minimum of
12,500 tons of uncrushed concrete stockpile will be required to remobilize to the IRC Landfill without
incurring added mobilization costs.
4.02 Rate Adjustment
A. All unit prices shall remain the same through the first year of the agreement.
B. Contractor may request an annual rate adjustment. Such request must be submitted in writing to SWDD
no later than June 1 of the year in which Contractor would like the rate adjustment to go into effect. Such
rate adjustments are subject to approval by the County Administrator or his designee. If approved,the rate
adjustment would become effective October 1 of that year.
C. If a rate adjustment is requested, the calculation shall be made as specified in Exhibit A and shall not
exceed three percent(3%).
ARTICLE 5-PAYMENT PROCEDURES
Owner shall make monthly payments as invoiced. Upon a determination of satisfactory completion, the
SWDD Project Manager will authorize payment to be made. All payments for services shall be made to the
CONTRACTOR by the SWDD in accordance with the Local Government Prompt Payment Act, as may be
amended from time to time(Section 218.70, Florida Statutes,et seq.).
ARTICLE 6-INDEMNIFICATION
6.01 CONTRACTOR shall indemnify and hold harmless the OWNER,and its officers and employees,from
liabilities,damages,losses and costs,including,but not limited to,reasonable attorney's fees,to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of the
CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the
Work.
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ARTICLE 7-CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related
data identified in the Invitation to Bid documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress,and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal,state,and local Laws and Regulations
that may affect cost, progress,and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions(surface,subsurface,and Underground Facilities)at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques, sequences, and
procedures of construction, if any, expressly required by the Contract Documents to be employed
by CONTRACTOR,and safety precautions and programs incident thereto.
E. CONTRACTOR does not consider that any further examinations, investigations, explorations,tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times,and in accordance with the other terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts,errors,ambiguities,or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof
by OWNER is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
ARTICLE 8-CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
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(1) This Agreement;
(2) Notice to Proceed;
(3) Certificate(s)of Liability Insurance
(4) Invitation to Bid 2020004;
(5) Addendum 1;
(6) CONTRACTOR'S Bid Form;
(7) Bid Bond;
(8) Drug Free Workplace Form;
(9) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships;
(10)Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(11)The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s).
ARTICLE 9-MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
9.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding
on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation,moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.03 Successors and Assigns
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A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, 'and legal
representatives to the other party hereto,its partners,successors,assigns,and legal representatives
in respect to all covenants,agreements,and obligations contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law
or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and
binding upon OWNER and CONTRACTOR,who agree that the Contract Documents shall be reformed
to replace such stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible to expressing the intention of the stricken provision.
9.05 Venue
A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought
by either party against the other party or otherwise arising out of this Agreement shall be in Indian
River County,Florida,or, in the event of a federal jurisdiction,in the United States District Court for
the Southern District of Florida.
9.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically,the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by
law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract,transfer, at no cost,to the County all public records in
possession of the Contractor or keep and maintain public records required by the County to
perform the service. If the Contractor transfers all public records to the County upon completion
of the contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract,the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the County, upon request from the Custodian of Public Records, in a format that is compatible
with the information technology systems of the County.
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B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
Article 10: TERMINATION OF CONTRACT
A.The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide
the OWNER with a right to terminate this Contract in accordance with this Article, in addition to
pursuing any other remedies which the OWNER may have under this Contract or under law:
(1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any
provision(s)of the Contract Documents;
(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts
or equipment,as directed by the Engineer pursuant to an inspection;
(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will
not be finished within the prescribed time;
(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved
thereon;or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general
assignment for the benefit of his creditors, or if a trustee or receiver is appointed for
CONTRACTOR or for any of his property.
B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify
CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10)
calendar days to cure the default to the reasonable satisfaction of the OWNER.
C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article
B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving
such notification,CONTRACTOR shall immediately cease all work hereunder and shall forfeit any
further right to possess or occupy the site or any materials thereon; provided, however,that the
OWNER may authorize CONTRACTOR to restore any work sites.
D.The CONTRACTOR shall be liable for:
(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new
contract;and
(2) the difference between the cost of completing the new contract and the cost of completing
this Contract;
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(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to
enforce its rights herein.
E. TERMINATION FOR CONVENIENCE: OWNER may at any and for any reason terminate
CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such
termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue
the work and immediately cease ordering of any materials, labor, equipment, facilities, or
supplies in connection with the performance of this Contract. Upon such termination Contractor
shall be entitled to payment only as follows:
(1) the actual cost of the work completed in conformity with this Contract and the
specifications; plus,
(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime
contract and approved by the OWNER.
Contractor shall not be entitled to any other claim for compensation or damages against the
County in the event of such termination.
F. TERMINIATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related
entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott
Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a
boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or
more,CONTRACTOR certifies that it and those related entities of respondent as defined above by
Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section
215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria.
OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false
certification as provided under section 287.135(5), Florida Statutes, been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List,or been engaged in business operations in Cuba or Syria,as
defined by section 287.135, Florida Statutes.
OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries,
majority-owned subsidiaries, and parent companies,that exist for the purpose of making profit,
is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged
in a boycott of Israel as set forth in section 215.4725, Florida Statutes.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents
have been signed or identified by OWNER and CONTRACTOR or on their behalf.
169
This Agreement will be effective on ,20_(the date the Agreement is approved by the
Indian River County Board of County Commissioners,which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY
By: By:
,Chairman (Contractor)
By: (CORPORATE SEAL)
Jason E. Brown,County Administrator
Attest
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
Dylan Reingold,County Attorney Address for giving notices:
Jeffrey R.Smith,Clerk of Court and Comptroller
License No.
Attest: (Where applicable)
Deputy Clerk
(SEAL) Agent for service of process:
Designated Representative:
Name:Himanshu Mehta Designated Representative:
Title: Managing Director Name:
Address: 1325 74th Ave SW Title:
Vero Beach, FL 32968 Address:
Phone(772)226-1739
Email hmehta@ircgov.com
Phone:
Email:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
170
EXHIBIT A—CALCULATION OF RATE ADJUSTMENT
One Hundred Percent(100%)of the rate adjustment shall be based on seventy-five percent(75%)of the
change in the Consumer Price Index(CPI) between the month of June in the prior year(CPI1)and the
month of June in the current year(CPI2). The CPI shall be the South Urban Region,All Items—All Urban
Wage Earners and Clerical Workers, published by the United States Department of Labor, Department of
Labor Statistics(Series ID=CWUR0300SA0)
If the designated index is discounted or substantially altered,SWDD may select another relevant price
index published by the United States Government or by a reputable publisher of financial and economic
indices.
The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall
not exceed three percent(3.0%)of the previous rate.
FORMULA FOR CALCULATING ANNUAL RATE ADJUSTMENT
Annual Adjustment(as a Percentage)AA=(((CPI2-CPI1)/CPI1) *0.75));
New Rate= Round ((Current Rate AA*Current Rate),2)
Where:
"CPI1" = published CPI average for the month of June of the prior year
"CPI2" = published CPI average for the month of June of the current year
SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT INCREASE
Assumptions: Current Rate=$10.00 CPI1=226.618
CPI2=227.955
Annual Rate Adjustment=((227.955-226.618)/226.618) * 0.75) =0.44%
Annual Rate Adjustment of 0.44%is less than 3.0%, the maximum allowed.
New Rate=ROUND ($10.00* (1+0.0044), 2)=$10.04
SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT DECREASE
Assumptions: Current Rate=$10.00 CP11=226.618
CPI2=225.618
Annual Rate Adjustment= ((225.618-226.618)/226.618) *0.75) =-0.33%
New Rate= ROUND ($10.00 * (1+(-0.0033), 2)_$9.97
Annual Rate Adjustment is subject to the approval of the County Administrator or his designee.
171
09/30/2019
To whom it may concern:
My name is Barbara Hooker with Bankers Maintenance and Inspections
(BMI). I would like to protest the Bid 2020004 the concrete crushing and
site work at the IRC landfill. I was working with the other bid 2019045 and
would like to be forgiven for not turning in the bid security as I mistakenly
confused it with the bid bond which Is not required until 14 days after bid is
award.
I am a woman owned business with a certification from the State of
Florida who works and lives in Indian River and has the best interest for
this county as I'm not an outsider looking in. We will hire local Indian river
county employees which will benefit our county. So, I'm begging for your
forgiveness.
7 nkyou, .
I f' j
$4 -r1A#vvket-
BMJ
• 172
October 1, 2019
Ms. Barbara Hooker
Owner/CEO
Bankers Maintenance and Inspections LLC
925 12th Street
Vero Beach, FL 32960
barbarahookerPbmireo.com
Reference: Decision Regarding Protest of Indian River County Bid 2020004
Dear Ms. Hooker:
We are in receipt of your letter of September 30, 2019 protesting the disqualification of the bid submitted by
Bankers Maintenance and Inspections LLC (BMI)for failure to provide bid security. After review,the protest is
denied.
Background
Bid security is defined as "a bond or deposit which guarantees that the bidder, if awarded the contract, will
honor their bid as submitted." Your protest asks you to be "forgiven" for failure to turn in bid security for the
subject bid,citing confusion with the"bond which is not required until...after" award.
Basi for Denial of Protest
The advertisement for bid, included on page 2 of the invitation to bid states"BID SECURITY in the sum of not
less than five percent(5%)of the total bid must accompany each bid."
The Bid Security and Public Construction Bond paragraph on page 4 of the invitation to bid in the Instructions
to Bidders also notes that"Bid security must accompany each bid."
The omission of items identified as mandatory to a bid is considered a failure to be responsive to the
requirements of the bid.The Purchasing Manual defines a responsive bidder as: "a bidder whose bid, proposal
or submittal complies in all material respects with the bid invitation or solicitation request,as determined by
the County."The bid security was identified in the bid documents(as provided above) as a material
requirement,and therefore BMI's failure to provide it renders your bid non-responsive.
Concl, sion
Should BMI disagree with the denial of the protest and the bases described in this response, you may appeal
this decision to the Board of County Commissioners.To do so, you must provide written notice of your appeal
to me within seven (7) calendar days of receipt of this decision, per the protest procedure detailed in the
Purchasing Manual.
As a reminder, the cone of silence remains in effect, and will remain in effect until the Board of County
Commissioners, acting as the SWDD Board, meets to consider an award or rejection of the subject bid. Per the
173
cone of silence policy, you and your agents shall not communicate in any way with the Board of County
Commissioners, County Administrator or any County staff other than Purchasing personnel until that time.
Please feel free to contact me at 226-1575 or by email at jhyde@ircgov.com if you have any questions regarding
the protest procedure.
Sincerely,
Jennifer Hyde
Purchasing Manager
cc:
Mr.James T. Kempton,Owner,Sitecrafters of Florida, Inc. (ted@sitecraftersfl.com)
Attachments:
BMI Protest Memo, dated September 30,2019
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