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11/05/2019 (2)
7j A BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 5, 2019 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari, Chairman, District 5 Jason E. Brown, County Administrator Susan Adams, Vice Chairman, District 1 Dylan Reingold, County Attorney Joseph E. Flescher, District 2 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Peter D. O'Bryan, District 4 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Pastor Jim Gallagher, Calvary Chapel of Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Indian River County Veteran Service's Office Presentation Attachments: POWERPOINT PRESENTATION 5.B. Presentation of Proclamation Designating November 11th, 2019, as Veterans Day Attachments: Proclamation 5.C. Presentation of Proclamation Awareness Month Attachments: Proclamation Recognizing November 2019 as National Adoption November 5, 2019 Page 1 of 8 5.D. Presentation of Proclamation Designating November 9, 2019, As Family Fun Fest Day Attachments: Proclamation 5.E. Time Certain 12:00 PM--Dodgertown Model Unveiling Attachments: Dodgertown Model Unveiling 6. APPROVAL OF MINUTES 6.A. Regular Meeting of July 16, 2019 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Indian River County Venue Event Calendar Review Attachments: Staff Report 7.B. Children Services Advisory Committee Appointment Attachments: Staff Report 7.C. 4th Quarter 2019 Preliminary Budget Report Attachments: Staff Report Reports at a glance 2018-2019 Qtrly Budget Report Q4 201819 revenue Qtrly Budget Report Q4 201819 expense 09-30-19 Expense Analysis Budget Amendment History 1819 7.D. Update On All Aboard Florida Expenses Attachments: Staff Report All Aboard FL Expenses 8. CONSENT AGENDA 8.A. Checks and Electronic Payments October 11, 2019 to October 17, 2019 Attachments: Finance Department Staff Report 8.B. Rental Assistance Checks Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments October 18, 2019 to October 24, 2019 Attachments: Finance Department Staff Report November 5, 2019 Page 2 of 8 8.D. DiVosta Homes, LP's Request for Final Plat Approval for The Lakes at Waterway Village POD U [PD -16-12-07 / 2004010124-83766] Attachments: Staff Report Location Map Final Plat Layout 8.E. Work Order Number 26, - Continuing Engineering Services RFP 2018008 - Hosie Shuman Park Restroom Connections and Utility Service Plans, Attachments: Staff Report Hosie Shuman WO#26 Kimley-Horn 8.F. Work Order Number 25, - Continuing Engineering Services RFP 2018008 - Hobart Park Restroom Connections and Utility Service Plans Attachments: Staff Report Work Order 8.G. Award of RFP 2019037, Summerlin's Marine Construction - Oslo Riverfront Conservation Area Overlook Attachments: Staff Report Oslo Riverfront Overlook—Sample Agreement 8.H. Indian River County Library System Annual Plan of Service FY 2019/2020 Attachments: Staff Report Library System Plan of Service 2019-2020 8.I. Work Order Number 27, - Continuing Engineering Services RFP 2018008 - Dick Bird Park Pickleball Courts Attachments: Staff Report Pickleball Work Order #27 BCC Agenda item May 14, 2019 re: Pickleball Comprehensive Plan CIE Pages A-7 A-8 (2) 8.J. Approval of a Memorandum of Agreement between Indian River County and the Florida Division of Emergency Management for use of a WeatherSTEM Station. Attachments: Staff Report MOA IRC and FDEM 8.K. Approval of Renewal for a Class "B" & "E" Certificate of Public Convenience and Necessity for We Care of the Treasure Coast Inc. to Provide Wheelchair/Stretcher Services. Attachments: Staff Report Renewal Application November 5, 2019 Page 3 of 8 8.L. Modification #1 to Emergency Management State -Funded Subgrant Agreement (EMPA) Agreement Number A0004 Attachments: Staff Report Modification #1 EMPA - ATTACHMENT E 8.M. Acceptance of Florida Department of Economic Opportunity Grant FYI 9/20 Attachments: Staff Report IRC Grant Form DEO Grant Agreement 8.N. North County Offices at Sebastian Corners (IRC -1744), Final Payment and Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 Contractor's Application for Payment No. 9 8.0. Work Order No. 9, REI Engineers, Inc. - IRC Main Library Roof Replacement (IRC 1838) Attachments: Staff Report REI Engineers, Inc. Work Order 9 Exhibit A 8.P. Final Ranking of Firms and Authorization to Negotiate - RFP 2020006 Sandridge Golf Cart Fleet Replacement Attachments: Staff Report 8.Q. Approval of Sealed Bid Sale of Parcel as Proceeds to SHIP - Bid 2020010 Attachments: Staff Report Sample Agreement 8.R. Work Order No. 7 for Masteller & Moler, Inc., 8th Street 24" Force Main Relocation FDOT Project 437717-1 Attachments: Staff Report Work Order No 7 Masteller and Moler Inc 8.S. Water Plant and Water Resources Engineering Services Agreement with Kimley-Horn and Associates Attachments: Staff Report Agreement for Professional Services November 5, 2019 Page 4 of 8 8.T. Utility Work by Highway Contractor Agreement with FDOT for the Adjustment of Valve Boxes and Manhole Rims on Highway AIA Attachments: Staff Report Resolution -Utility Work Agreement FDOT-Utility Work Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Hanlex Development, LLC Request to Rezone +/- 4.40 Acres from CN to CL and Sogra Properties, LLC Request to Rezone +/- 1.037 Acres from CN to CL (RZON-99040166-85162) [Quasi -Judicial] Attachments: Staff Report Summary Page Rezoning Application Section 911.10 Table of Uses FLU Compared to Zoning Section 911.10 Zoning/FLU Compared Section 902.12(3) Review Standards Sec. 911.10 CN District Rules DRAFT PZC Meeting Minutes 10-10-19 Rezoning Ordinance B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Johnny R. Chambliss Regarding Utility Bill at 4265 26th Ave Attachments: Request to Speak C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Proposed 2020 Meeting Dates for the Indian River County Board of County Commissioners Attachments: Staff Report . Proposed Meeting Dates 2020 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services November 5, 2019 Page 5 of 8 C. General Services 12.C.1. Waiver of Fees for a Bahamian Helping Hand Event -November 23, 2019 Attachments: Staff Report Letter of Intent Vietnam Veterans of IRC FeeSchedule Bahamian Helping Hand Event on 11-23-2019 D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. Roseland Community Center - MBV Work Order #12 Attachments: Staff Report MBV - Work Order #12 Roseland Historic Preservation Assessment G. Utilities Services 12.G.1. Sole Source for MKI Services Inc Attachments: Staff Report MKI Services Inc Service Proposal Sole Source Letter Suez Treatment Solutions 13. COUNTY ATTORNEY MATTERS 13.A. Opioid Litigation Update Attachments: Staff Report D.B. Time -Certain 10:30. Attorney -Client Session Attachments: Staff Report 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 November 5, 2019 Page 6 of 8 14.E.1. Requesting the Governor Appoint IRC's Representative to the Florida Inland Navigation District Attachments: Commissioner's Memo Info Attachments Commissioners Open Dialogue 15. SPECIAL DISTRICTS AND BOARDS A. Emeruncy Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting of July 16, 2019 15.13.2. Final Pay to CDM Smith for CCNA 2018 Work Order No. 4 - Full Cost Accounting and Financial Assurance Reporting Attachments: Staff Report CDM Smith Project Completion Final Invoice 15.13.3. Change Order No. 6 to Thalle (Bid #2018025) Attachments: Staff Report CDM Smith Letter of Recommendation 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.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. November 5., 2019.Page 7 of 8 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 5, 2019 Page 8 of 8 N O C W �- QJ N .0 Q) QJ U •> My) L � '� -� +� U 14- `'—�C Ln 0 N 0Q0 QAC O mC O C-0 0 W'- � a0 E +S � CW -0 +�-+ N � .0 ate-+ dL .2.iT 4 -+NM— ���� _� (Aa (aVF �N•E cBcv� O>� •CO - �C L C� L a- U = N N fB'NQ ,- +-+ QfB N L (A>L) C � L— v >� C w M -O 0 .- U 4--J .- U N E 4--J 0 Z C C >. ,00 U . 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U ++ 4- m - U c0 C c E -O _ w- wo a) a) a, a' aE o N O w w C) i.i 2 0 • • • • • 0 a kn L Ln D fu D CC G_ H e -I Q O Z QO m 00 V m O NJ >V I U Lu Z O0 C c v (0 O) 2 O N f0 L m -C O C O N O Y N V1 -N N Cl N M - JN LL U N m O -til N ^ ^ O) O L d O O ^ ^ X LL W u LL LL O W _ LL Q F H Q- co H N N O a ..Q O c-1 O .0 2 -1 N N 01 J LL C ++ N N N � 00 00 01 00 7 a --I 00 ^ n N I\ C X O LL a v; 0 0 v .3 c (D 0 Veterans Council of Indian River County Sam Kouns, President Curtis Holden, Ist Vice -President Ken Dale, 2nd Vice -President Tony Young, Immediate Past President Kim Pilger, Secretary Matthew Scheidel, Treasurer Dillon Roberts, Judge Advocate David G. Newhart, Chaplain Marty Zickert, Development Officer Carroll Oates, Special Projects Officer Member Organizations Air Force Association, Cape Canaveral Chapter 309 American Legion Post 39, Vero Beach American Legion Post 181, Gifford American Legion Post 189, Sebastian American Legion Riders, Post 39, Vero Beach American Legion Riders, Post 189, Sebastian American Military Retirees Association, FL -1 American Security Council Foundation America Serving Veterans Foundation Disabled American Veterans, Indian River First Marine Division Association, Central Florida Chapter Jewish War Veterans of the Treasure Coast Korean War Veterans Association, Chapter 318 Marine Corps League, Barefoot Bay Detachment 918 Marine Corps League, Indian River Detachment 058 Military Officers Assoc. of America, Indian River County Chapter Navy League of the U.S., Treasure Coast Council , No. 334 Navy Seabee Veterans of American Next Generation Veterans UDT-SEAL Museum Association, Inc. United States Submarine Veterans, Inc. U.S. Army Special Forces Association, Chapter 21 U.S. Army Special Forces Association, Chapter 85 Vero Beach Veterans, Inc. Veterans of Foreign Wars, Post 10210 Vietnam Veterans of America, Chapter 1038 �-Pol. Lo-;� Veterans Day Ceremony Master of Ceremonies .......... Colonel Darryle "Sam" Kouns, USA, Ret. Parade Marshal ............. Colonel Anthony "Tony" Young, USA, Ret. Parade Adjutant .........................Lt. Colonel Carroll Oates, USA, Ret. 0830.......................................................................Massing of the Colors 0900........................................................... Welcome by Colonel Kouns a Invocation ....................................... Reverend Dr. Sylvester McIntosh National Anthem ................................... Specialist Telly Antona, USA Vero Beach High School Band, Directed by Page Howell Pledge of Allegiance ........................Michelle Dale, Gold Star Mother Patriotic Medley ................................... Vero Beach High School Band Placing of the Wreath ................................... SSG Kevin Luquid, USA Bag Pipes ................................. Chief Engineer Michael Hyde, USMM Ships Bell ..................... Master Sergeant Dwight Harris, USMC, Ret. The Dolls ..........Dolores Mark, Patti Carter, Emily Dreher, Kim Morgan Introduction of Keynote Speaker............................................................ ......................................... Lt. Colonel Eric "Rip" Wieler, USMC, Ret. Keynote Address.......... Major General Michael F. Fahey, III, USMC Benediction ..................................... Reverend Dr. Sylvester McIntosh Rifle Salute...............................................Sebastian Area Honor Guard Taps .............................................. Duke Scales, Bugles Across America Color Guards Pass in Review.......................Conclusion of Ceremony Acknowledtzements Veterans Memorial Island Sanctuary Committee John Michael Matthews, Chair Joel Herman, Vice -Chair Barbara Fallon Curtis Paulisin Don Wickstrand Sylvester McIntosh (Alt.) Peggy Lyon McCoy (Alt.) City of Vero Beach City Council City of Vero Beach Public Works Department City of Vero Beach Recreation Department City of Vero Beach Police Department Daughters of the American Revolution Gold Star Mothers of Indian River County Indian River County Commission Indian River County Fire Rescue Indian River County Sheriff's Office. Indian River County Tax Collector's Office Indian River County Veterans Service Office International Association of Fire Fighters, Local 2201 Lowes Masters Academy Fife &t Drum Corps Mike's Garage & Wrecker Service Military Moms Prayer Group Palm Garden of Vero Beach Quail Valley Golf Club A Printed by the Indian River County Sheriff's Office Inmate Design Publication Program e-Pq - 6-4 PROCLAMATION DESIGNATING NOVEMBER 11th, 2019, AS VETERANS DAY WHEREAS, on May 13th, 1938, Congress approved an Act establishing November 11th as Armistice Day, commemorating the end of World War I and paying tribute to the heroes of that war; and WHEREAS, on June 1st, 1954, Congress changed the name of Armistice Day to Veterans Day in order to honor all of America's war veterans, who have contributed so much to the preservation of our Nation; and WHEREAS, over 15,000 veterans of all wars presently reside in Indian River County; and WHEREAS, individually and collectively, the veterans of Indian River County directly contribute to the betterment of the social, cultural, and economic lives of our residents; and WHEREAS, the Indian River County Veterans Council, consisting of representatives from 25 city and county veterans organizations, annually observe Veterans Day by holding ceremonies throughout the county; and WHEREAS, Indian River County and its citizens have established Veterans Memorial Island Sanctuary as a place to commemorate veterans of all wars. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that November 11th, 2019, is designated as Veterans Day, and the Board encourages all citizens to honor our veterans -- living and deceased-- by attending one of the Veterans Day services offered at Veterans Memorial Island Sanctuary or elsewhere within the county. Adopted this 5th day of November, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Tim Zorc Peter D. O'Bryan PROCLAMATION RECOGNIZING THE MONTH OF NOVEMBER, 2019, AS NATIONAL ADOPTION AWARENESS MONTH WHEREAS, Indian River County recognizes the communal importance of providing children in foster care with safe, permanent homes where they can grow and thrive; and WHEREAS, every child deserves the chance to grow up in a loving, stable family; and WHEREAS, there are currently 28 children awaiting adoption across the Treasure Coast, including 12 in Indian River County; and WHEREAS, children waiting for adoptive parents, and the families who have already adopted or are considering adopting these children, require and deserve community and agency support; and WHEREAS, Communities Connected for Kids and its network of family support service providers — including Place of Hope, Mount Bethel Human Services, 4Kids Treasure Coast, and Camelot Community Care -- work diligently with the Florida Department of Children and Families to transform the lives of hurting children and their families; and WHEREAS, this effort -- along with similar celebrations in all 50 states around the country — seeks to inspire dedicated individuals and families to make a profound difference in the life of a child through adoption. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the month of November, 2019, be recognized as National Adoption Awareness Month, and that the Board encourages community and religious organizations, businesses, and others to celebrate adoption, honor families that grow through adoption, and focus attention on those children who live in the shadow of an uncertain future while they await forever families. Adopted this 5th day of November, 2019. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Tim Zorc Peter D. O'Bryan PROCLAMATION DESIGNATING NOVEMBER 9, 2019 AS FAMILY FUN FEST DAY WHEREAS, the idea for Family Fun Fest was born in the fall of 2018 with the primary goal to connect with the community through families, businesses, organizations, and non -profits; and, WHEREAS, families are invited to attend a day full of games, activities, exhibitions, entertainment, and great food at the Indian River County Fairgrounds. Admission is $5.00 per person or $20 per family which goes directly to support the free programming and events that The Buggy Bunch offers to moms and families in Indian River County. Admission cost allows families to enjoy all the activities at Family Fun Fest. Food and drink will be sold at family friendly rates; and, WHEREAS, The Buggy Bunch is pleased to host this community outreach on Saturday, November 9, 2019, at the Indian River County Fairgrounds; and, NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that November 9, 2019, be designated as Family Fun Fest Day and the Board encourages Indian River County residents to come out and be a part of the fun and games in support of Indian River County families. Adopted this 5th day of November, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc E - Presentation November 5, 2019 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: October 29, 2019 SUBJECT: Today at 12:00 PM--Dodgertown Model Unveiling At 12:00 noon today, there will be an unveiling of the Dodgertown model, created by Brett Pevey and gifted to Indian River County by Peter O'Malley, President of the Los Angeles Dodgers from 1970 to 1998. 10 i eco �ORIDQ' I j i Dodgertown Model Display Unveiling Ceremony at IRC Administration Bldg. A-- Lobby Tuesday, Nov. 5, 2019 12 Noon I Master of Ceremonies lason Brown County Administrator, Indian River County Commissioner Remarks . i Alma Lee Loy s "First Lady of Vero Beach" ii Peter O' -Malley Former President, Los Angeles Dodgers it - Model Unveiling - Thank yon forcoming! �vERC 7A. OG Q 'Z' a7 � �LORI��' Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Buggy Bunch "Family Fun Fest" Nov 9 @ IRC Fairgrounds: • 10am-3pm, Saturday, Food. Trucks, Vendors & Entertainment. Well Armed Women's Club Nov 9 @ IRC Shooting Range: • 9:30-11:30am - Ladies Shooting Club meeting. Indian River Youth Livestock Prospect Show Nov 8-10 @ IRC Fairgrounds: • Friday - Sunday: Youth livestock event. "Dick Bird"Treasure Coast Team Championship Nov 9-10 @ Sandridge Golf Club: • Sat & Sun: Sam - $250.00 per Team includes golf, prizes and lunch on Sunday. Girls With A Gun Club Nov 10 @ IRC. Shooting Range: • 9am-4pm - Meeting and range day. SAFIRC,-Townhall Meeting "Under Age Drinking" Nov 12 @ iG Center: • 7-8:30prn - Townhall meeting open to the public. Girls With A Gun Club Nov 14 @ IRC Shooting Range: * l0am-12pm - Practise day. Indian River Dog Training Club Nov 14-17 @ IRC Fairgrounds: • Thursday thru Sunday - Dog agility event. Youth Basketball Registration Ends for Winter Season Today! Nov 15 @ iG Center: • IRC Recreation Youth Basketball season begins in Jan 2020. Screen on the Green - Featuring the movie "Happy Gilmore" Nov 16 @ Sandridge Golf Club: Brought to you by the IRC Recreation Dept. • 5:30pm: Glow Golf. 6:30pm: FREE Movie. Food Trucks for Concession Putahase. Garden Brothers Circus Nov 18-19 @ IRC Fairgrounds: • Monday & Tuesday - circus in the outdoor pavillion. Community Office Hours Event Nov 21 @ North IRC Library: • I Oam- One on one with Commissioner Susan Adams. Rimfire Challenge Nov 22 @ IRC Shooting Range: • 9am-2pm - Action pistol and rifle match. South.County Community Meeting Dec 2 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan. Indian River Youth Livestock- Swine Weigh Dec 6-8 @ IRC Fairgrounds: • Friday - Sunday - Youth livestock / swine weigh. Vero Beach Gun Show www.patriotshows.com Dec 7-8 @ IRC Fairgrounds: • Saturday 9am-5pm Sunday 9am-4pm. 30th Annual Indian River County Senior Championship Dec 8-9 @ Sandridge Golf Club: • Sat & Sun: 8am - $125.00 per player includes golf, prizes and lunch on Sunday. Friends of the Library Fashion Show Dec 9 @ IRC Main Library: • I Iam- Tickets can be purchased for $5 donation - proceeds go to the Library. Santa's Calling!- FREE Phone Call From Santa Himself! Dec 12 @ IRC Recreation Dept. (iG Center): • 5-8pm- Register from Nov1I-Dec 11 for a FREE ph. call from Santa! SUPERSIZED FREE Family Movie Night - featuring "The Santa Clause" Dec 14 @ Gifford Aquatic Center: Brought to you by the IRC Recreation Dept. • 5pm: Fun activities. 6pm: FREE Movie. Food Trucks for Concession Purchase. Community Office Hours. Event Dec 19 @ North IRC Library: • l Oam- One on one with Commissioner Susan Adams. 12 -79 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 24, 2019 SUBJECT: Children Services Advisory Committee Appointment Commissioner Solari is appointing Molly Steinwald to fill the position of the "BCC Appointee, District No. 5" vacancy on the Children Services Advisory Committee, which term expires in January 2021. 13 INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board Of County Commissioners DATE: October 30, 2019 SUBJECT: 4th Quarter FY 2018/2019 Preliminary Budget Report FROM: Kristin Daniels Budget Director, Office of Management & Budget Following is the staff report for the fourth quarter of fiscal year 2018/2019. 14. 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O H I O.- H H H m m v, m CL H H H H H H H H H H H H H H H H H O O Cn O, Ol m 01 01 O, m al Ol O, at Ot H N Ol al Ot O O Ol O O O M 0 0 0 0 a 0 0 0 0 ID O O w N V m m m m m m m m m m m m m m m m m m m H m N r tD 0 m m H N m n M V m m N m W H 1� tD lO tD tD t < tO w tD tD tD tO < m m w w w H N tO H ct LO w H H N H V, tl, H H N H H H Y V' V V V V V V V V V V V lD tO V V 4 M w V H M asV m M O, H M ll, V N m V H N O O O O O O O O O O O O O O O O O O O O O O O o O O O O o O O O O O O o O O O O M M M m m M M M m 10 m m M M M M M m m m m M ID M W M m M m m m H H H H M 0 H SMI W M m m N M M M M M M M N M V1 M M N M M M M M M M M M H H M M m M m M W ID lD Wl0 lO tp m O, Ha a-zr O N N V C N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N lD H H N N oc H H 'H H H H H H H H H H H H H H H H H H H H H H H H H H H N H H H N N V cf N Ln O a v v v v v v c v v v v v v v v v a a v v v v v v a v a v v voi 0 0 0 0 0 0 0 0 FY 2018/2019 BUDGET RECONCILIATION October 1, 2018 to September 30, 2019 Budget Approved Budget as of October 1, 2018 General Fund/Purchase Order Rollover $ 339,878,868 Fund Item Description 001 Budget Amendment Grants Received 6 001 001 Emergency Mgmt Grant 3,143 7 001 EMPA Base Grant 21,996 7 001 FDOT CTC Grants 1,711,661 8 001 GEO Grant 13,500 8 001 SCAP Grant 23,573 11 001 FTA/Section 5307 grant 2,702,282 14 004 Find Grant/Jones Pier 130,000 8 109 FDOT SCOP Grant 4,626,720 4 111 DEP Grant/Red Tide 122,628 7 114 EMS County Award Grant 19,731 7 117 FL Highway Beautification Grant 82,068 7 128 Artificial Reef Grant 55,250 8 129 CDBG Grant 750,000 8 136 HUD Grant 287,203 4+8+13 315 Jones Pier Grant 61,000 8 315 FIND Grant/Oyster Bar 120,000 8 Transportation Fund/Purchase Order Rollover 10,730,755 1 Projects Carried Forward from FY 2017/2018 001 General Fund/Purchase Order Rollover 132,462 1 001 General Fund/Lagoon/Other Professional Services 20,518 6 001 General Fund/Other Capital Improvements/Fairgrounds 82,103 6 001 General Fund/Project Rollovers 2,507,282 4&10 004 MSTU/Purchase Order Rollover 1,964 1 004 MSTU/Project Rollovers 1,275,276 4 004 MSTU/Club Bali Demolish Buildings 122,275 7 102 Impact Fee/Fund CIE 3,575,000 4 103 Impact Fees/Purchase Order Rollover 99 1 103 Impact Fee/Fund CIE 1,109,660 4 103 Impact Fees/Parks/Hobart Park Restroom 185,000 6 108 Rental Assistance/Renovate Offices 50,000 2 109 Secondary Roads/Purchase Order Rollover 1,007,183 1 109 Secondary Roads/Fund CIE 2,662,766 4 111 Transportation Fund/Purchase Order Rollover 388,320 1 111 Transportation Fund/Project Rollover 49,495 4 114 Emergency Services District/Purchase Order Rollover 256,936 1 114 Emergency Services District/Rollover Funds 1,321,910 4 120 911 Surcharge/Purchase Order Rollover 265,946 1 123 SHIP./Purchaser Order Rollover 99 1 123 SHIP/Program Funds 308,859 7 127 Native Uplands/rRollover Jones Pier Project 50,000 8 128 Beach Restoration/Project Rollover 819,482 4&10 124 MPO/Purchase Order Rollover 295 1 133 Florida Boating Improvements/Project Rollover 416,194 4&8 140 Court Facilities/Project Rollover 93,257 4 145 Series 2006/Purchase Order Rollover 42,238 1 145 Series2006/Fund CIE 250,000 4 181 Gifford Street] ighting/Fund Rollover 75,000 4 187 Streelight/Rollover Funds 200 8 204 Spring Training/Debt Service Project Rollover 1,475,000 4 315 Optional Sales Tax/Purchase Order Rollover 215,913 1 315 Optional Sales Tax/Fund CIE 16,877,816 4&8&10 411 SWDD/Purchase Order Rollover 12,188 1 441 Building Department/Purchase Order Rollover 1,150 1 471 Utilities/Purchase Order Rollover 164,536 1 471 Utilities/Project Rollovers 958,193 4 36,774,615 P Fund Item Description Computer Network Upgrade Budget Amendment 6 Donations/Contributions Childrens Services e-Cimpact Software 1,500 504 Florida Blue Wellness Program 50,000 7 001 FP&L donation 2,000 13 001 Library donation 1,744 14 001 53,744 25,844 Unbudgeted Items 001 Computer Network Upgrade 214,736 6 001 Childrens Services e-Cimpact Software 1,500 7 001 County Administrator/Int Gov/Public Information Coord position 98,679 9 001 General Fund/County Attorney/Legal Services/All Aboard FL 1,000,000 2 001 Enterprise Wide Backup 25,844 11 001 General Fund/Tax Collector increased budget 80,900 14 004 Computer Network Upgrade 32,159 6 004 NexusWorx-Fiber documentation System -Phase 2 292,538 10 004 Enterprise Wide Backup 3,582 11 004 MSTU/Repair Shooting Range baffles 30,000 13 103 Computer Network Upgrade 1,037 6 103 Enterprise Wide Backup 128 11 108 Computer Network Upgrade 6,224 6 108 Enterprise Wide Backup 640 11 108 Rental Assistance/Full time position and program payments 199,275 13 109 Computer Network Upgrade 7,262 6 109 Enterprise Wide Backup 896 11 109 Fund Petition Paving Assessments 157,881 12 111 Computer Network Upgrade 66,392 6 111 Road & Bridge/Equipment 332,232 7&8 111 Enterprise Wide Backup 8,188 11 111 Fund Petition Paving Assessments 157,881 12 112 Sheriff request to use funds 72,725 12 114 Computer Network Upgrade 135,896 6 114 Enterprise Wide Backup 15,992 11 117 FL Highway Grant Match 291,592 7 119 Major League Amended Verotown Lease 1,300,000 6 119 Purchase Dodgertown Golf Course 250,000 8 120 Computer Network Upgrade 10,374 6 120 Enterprise Wide Backup 1,279 11 121 IRC Problem Solving Courts 25,000 6 123 Computer Network Upgrade 3,112 6 123 Enterprise Wide Backup 384 11 124 Computer Network Upgrade 2,075 6 124 Enterprise Wide Backup 256 11 128 Computer Network Upgrade 4,149 6 128 Beach Sectors Semi-annual monitoring 51,150 6 128 Emergency Beach Access at Round Island 37,250 3 128 Enterprise Wide Backup 512 11 129 CDBG-recording fees 100 13 133 Demolition and Disposal of Wabasso Fishing Pier 944,824 10 196 Walker's Glen/electric 50 14 198 Floralton/electric 50 14 204 Partial Payoff of Series 2001 Spring Training Bonds 1,125,000 5 245 Property Appraiser budget reallocation 4,425 12 308 Major League Baseball 1,600,000 2 315 Major League Amended Verotown Lease 300,000 3 315 Purchase Flight Safety & Dodger Road parcels 105,000 3 315 Purchase Dodgertown Golf Course 2,200,000 8 315 Purchase Closed Caption Equipment 107,070 3 315 Water & Sewer Construction/SR 60& 43rd Avenue 1,869,852 10 315 Jackie Robinson Training Complex Walking Trail 39,000 13 411 Indian River.Shores Recycling Carts/Service 184,094 3 411 Computer Network Upgrade 10,374 6 411 Cell Phone Allowance 600 7 27 Fund Item Description Budget Amendment 411 Employee Health Insurance 10,500 8 411 Pension Expense 30,000 8 411 Enterprise Wide Backup 1,279 11 418 Computer Network Upgrade 8,299 6 418 Pension Expense 26,000 8 418 Enterprise Wide Backup 1,023 11 441 Computer Network Upgrade 36,308 6 441 Pension Expense 110,000 8 441 Enterprise Wide Backup 4,478 11 441 Fund Private Providers/new position 270,028 12 471 Computer Network Upgrade 113,073 6 471 Electric costs higher due to delay in COVB sale to FP&L 5,991 3 471 Utility Amnesty Program 2,329,075 8 471 Utility/Data Flow Tack Pack 412,500 6 471 Pension Expense 400,000 8 471 Enterprise Wide Backup 13,433 11 471 Water Expansion debt service 5,770,650 13 472 Water Expansion debt service 5,770,650 13 501 Computer Network Upgrade 7,262 6 501 Pension Expense 20,000 8 501 Enterprise Wide Backup 768 11 502 Computer Network Upgrade 2,075 6 502 Pension Expense 7,000 8 502 Enterprise Wide Backup 256 11 504 Pension Expense 7,000 8 504 Computer Network Upgrade 1,037 6 504 Health Insurance Claims 600,000 8 504 Employee Health Pharmacy Rebates 1,400,000 8 504 Enterprise Wide Backup 128 11 505 Pension Expense 45,000 8 30,813,972 Total - All Amendments 78,373,086 Total Budget as of September 30, 2019 -prelim $ 418,251,954 Ut INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: October 28, 2019 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida. Please see the attached document for expenses incurred as of 10/28/19. ATTACHED: • All Aboard Fl. expenses through 10/28/19 spreadsheet. 29 All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorization 10/2/2018 Board approved additional $92,500 11/20/2018 Board aooroved additional SS million-Budeet amendment In Acct##00110214-033110-15023 Legal Services Date 9/30/2019 Murphy & Walker $19,290.00 Fees for Legal Services Aug & Sept 2019 9/30/2019 Bryan Cave LLP $49,142.40 Fees for Legal Services September 2019 9/30/2019 Bryan Cave LLP $7,161.12 Fees for Legal Services August 2019 9/18/2019 Bryan Cave LLP $107,257.70 Fees for Legal Services July 2019 9/11/2019 Murphy & Walker $18,912.00 Fees for Legal Services -Aug 2019 8/13/2019 Murphy & Walker $6,487.00 Fees for Legal Services lune & July 2019 7/10/2019 Murphy & Walker $13,868.00 Fees for Legal Services lune 2019 6/24/2019 Bryan Cave LLP $1,244.00 Fees for Legal Services May 2019 6/12/2019 Murphy & Walker $7,939.10 Fees for Legal Services May 2019 5/29/2019 Bryan Cave LLP $65,848.60 Fees for Legal Services April 2019 5/15/2019 Murphy & Walker $2,656.50 Fees for Legal Services April 2019 5/14/2019 Bryan Cave LLP $75,490.34 Fees for Legal Services March 2019 4/4/2019 Murphy & Walker $8,042.00 Fees for Legal Services March 2019-- 3/26/2019 Bryan Cave LLP $59,154.08 Fees for Legal Services February 2019 3/18/2019 Murphy & Walker $15,988.70 Fees for Legal Service -February 2019 3/18/2019 Bryan Cave LLP $3,577.26 Fees for Legal Service -January 2019 2/21/2019 Murphy & Walker $13,539.54 Fees for Legal Service -January 2019 2/5/2019 Bryan Cave LLP $9,938.49 Fees for Legal Service -December 2018 1/4/2019 Murphy & Walker $9,929.00 Fees for Legal Service -December 2018 12/27/2018 Bryan Cave LLP $26,535.95 Fees for Legal Service -November 2018 12/5/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 10/31/18 12/3/2018 Bryan Cave LLP $16,416.20 Fees for Legal Service -October 2018 Subtotal Expenses FY 18/19 $548,417.98 9/30/2018 McDermot,Will & Emery LLP $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 9/30/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 8/31/18 9/30/2018 Bryan Cave LLP $72,352.66 Fees for Legal Service -Sept 2018 9/30/2018 Bryan Cave LLP $60,392.05 Fees for Legal Service -Aug 2018 9/10/2018 Bryan Cave LLP $109,699.89 Fees for Legal Service -July 2018 8/24/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -5/11-7/30/18 8/8/2018 Bryan Cave LLP $49,360.27 Fees for Legal Service -lune 2018 7/18/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 4/18-4/20/18 7/17/2018 Bryan Cave LLP $14,257.36 Fees for Legal Services -May 2018 7/2/2018 McDermot,Will & Emery LLP - $10,012.00 IRC Legislative Advocacy Matters- 4/6-4/20/18 6/13/2018 Bryan Cave LLP $30,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 5/15/2018 Bryan Cave LLP $23,853.70 Fees for Legal Services -March 2018 5/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/14-27/18 4/9/2018 Bryan Cave LLP $56,189.09 Fees for Legal Services -Feb 2018 4/9/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-tan/Feb 3/14/2018 Bryan Cave LLP $58,782.89 Fees for Legal Services -Jan 2018 3/7/2018 MCDermot,Wlll & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 Bryan Cave LLP - $32,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP $6,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP - $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $634,725.58- - - - 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legal Services -Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 Fees for Legal Services -Aug 2017 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services- June 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services- Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 In r. - ---- - -- -- -- - -- ---- - - 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -lune 2016 7/27/2016 . Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 - 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -lune 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA -$250.00 Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services - 3/24/15 Nabors Giblin & Nickerson PA' $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA' -$5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 'Split between St.Lucie, Indian River, and Martin Counties 31 ate Vendor Amount Note Acct#00110214-033190-15023 Other Professional Services Other Professional services Date 11/27/2018 Scripps $92.40 Legal Advertising 11/21/2018 Gail E. Flinn $350.00 Transcription Services $97.32 - Subtotal Expenses FY 18/19 $442.40 $111.32 9/30/2018 Copy Charges $32.96 Copies 8/30/2018 Florida Dept of Transportation $82.84 Public Records Request -balance 7/10/2018 Florida Dept of Transportation $82.84 Public Records Request Subtotal Expenses FY 17/18 $198.64 - 4/28/2017 Martin County 5W. reimbursement -$3,380.35 5D% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness - 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consultants $13,396.11 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Dylan Reingold-Capital Hill All Aboard FL Mtg Subtotal Expenses FY 16/17 $18,779.15 Kate P. Cotner -Capital Hill All Aboard FL Mtg 9/30/2016 GK Environmental $5,580.00 $274.37 9/30/2016 Triad Railroad Consultants $24,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 $2,420.00 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dylan Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 Acct#00110111-034020-15023 All Travel Travel Date 4/24/2019 Dylan Reingold-FDFC Meeting on Brightline $400.39 4/16/2019 Tim Zorc-FDFC Meeting -Orlando $97.32 - 3/13/2019 Peter O'Bryan-FDFC Meeting -Orlando $111.32 3/13/2019 Bob Solari-FDFCMeeting-Orlando $92.32 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense $156.89 - 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel $174.90 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Flight $373.60 Subtotal Expenses FY 18/19 $1,406.74 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando $111.91 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando $122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando $91.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando $110.45 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando $91.52 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg $161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner $167.20 2018 Jet Blue -Dylan Reingold $128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold $548.74 Subtotal Expenses FY 17/18 $2,420.00 32 Date 9/30/2017 Vendor Delta Air Amount $191.80 Note 9/30/2017 American Airlines $193.20 CDM Smith Inc 9/30/2017 Jet Blue $168.20 EIS 9/30/2017 Jet Blue $25.00 Work 9/30/2017 Bob Solari -travel to Washington DC $869.98 with OMB,Senator & Congressman & MOT $2,122.50 Acct#00110214-034020-15023 Order 10 All Travel 9/30/2017 Kate Cotner -travel to Washington DC - - $768.02 - - 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 CDM Smith Inc 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $3,029.76 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahassee AL P -Dylan Reingold 12/16/2015 KlmberlyGraham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 CDM Smith Inc $4,135.00 Subtotal Expenses FY 15/16 $1,136.46 EIS 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -Fl. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 Subtotal Expenses FY 13/14 8/26/2015 Kate Cotner - -$5.36 Orlando -Travel -FL Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 - - Acct#11124319-033190 Other Professional Services Date $550,267.12 Total Expenses 17/18 $637,344.22 Total Expenses 16/17 $223,471.97 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 18/19 $550,267.12 Total Expenses 17/18 $637,344.22 Total Expenses 16/17 $223,471.97 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 10/28/19 $3,481,987.87 Total Board authorized budget for FY 18/19 $1,047,700.00 Total Board authorized budget for FY 17/18 $637,344.22 Total Board authorized budget for FY 16/17 $223,471.97 Total Board authorized budget for FY 15/16 $870,867.50 Total Board authorized budget for FY 14/15 $1,154,211.26 Total Board authorized budget for FY 13/14 $45,825.80 Total budgeted 13/14-18/19 $3,979,420.75 Remaining Balance $497,432.88 33 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127 1h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 17, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 11, 2019 to October 17, 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 11, 2019 to October 17, 2019. 34 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 387854 10/14/2019 STURGIS LUMBER & PLYWOOD CO 217.56 387855 10/14/2019 SUNCOAST WELDING SUPPLIES INC 950.57 387856 10/14/2019 PALMDALE OIL COMPANY INC 20,674.85 387857 10/14/2019 RICOH USA INC 6.17 387858 10/14/2019 CHISHOLM CORP OF VERO 398.00 387859 10/14/2019 SAFETY PRODUCTS INC 6,215.52 387860 10/14/2019 KELLY TRACTOR CO 1,248.62 387861 10/14/2019 JACOBS GROUP INC 11,162.00 387862 10/14/2019 VERO INDUSTRIAL SUPPLY INC 23.20 387863 10/14/2019 UTILITY SERVICE CO INC 12,300.00 387864 10/14/2019 NORTHERN SAFETY CO INC 216.01 387865 10/14/2019 K & M ELECTRIC SUPPLY 361.08 387866 10/14/2019 PALM TRUCK CENTERS INC 69.71 387867 10/14/2019 JANITORIAL DEPOT OF AMERICA INC 692.13 387868 10/14/2019 TRAFFIC PARTS INC 3,490.24 387869 10/14/2019 ELECTRONIC ACCESS SPECIALIST 4,254.09 387870 10/14/2019 PAK MAIL 37.89 387871 10/14/2019 SUPERIOR SHEDS, INC. 5,200.00 387872 10/14/2019 JOSHUA HARVEY GHIZ 10,438.00 387873 10/14/2019 SOUTHWIDE INDUSTRIES INC 19,855.16 387874 10/14/2019 SCADA SOLUTIONS LLC 1,975.00 387875 10/14/2019 SOUTHERN MANAGEMENT LLC 3,100.25 387876 10/14/2019 SYLIVIA MILLER 284.00 387877 10/14/2019 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 556.00 387878 10/14/2019 NORTH AMERICAN OFFICE SOLUTIONS INC 1.67 387879 10/14/2019 MATHESON TRI -GAS INC 12,906.08 387880 10/14/2019 RHOADES AIR & HEAT 4,080.00 387881 10/14/2019 SHELTRA & SONS CONTRACTING LLC 7,942.50 387882 1.0/17/2019 PORT CONSOLIDATED INC 660.16 387883 10/17/2019 COMMUNICATIONS INTERNATIONAL 1,056.80 387884 10/17/2019 TEN -8 FIRE EQUIPMENT INC 295.36 387885 10/17/2019 RANGER CONSTRUCTION IND INC 1,603.10 387886 10/17/2019 VERO CHEMICAL DISTRIBUTORS INC 166.85 387887 10/17/2019 PERERS ENTERPRISES INC 2,412.92 387888 10/17/2019 KIMLEY HORN & ASSOC INC 1,585.00 387889 10/17/2019 HENRY SCHEIN INC 447:60 387890 10/17/2019 SAFETY PRODUCTS INC 4,054.07 387891 10/17/2019 AT&T WIRELESS 229.38 387892 10/17/2019 E -Z BREW COFFEE & BOTTLE WATER SVC 81.37 387893 10/17/2019 GRAINGER 883.02 387894 10/17/2019 SAFETY KLEEN SYSTEMS INC 335.39 387895 10/17/2019 CLIFF BERRY INC 570.50 387896 10/17/2019 MASTELLER MOLER & TAYLOR INC 2,492.50 387897 10/17/2019 SWE INC 325.00 387898 10/17/2019 KSM ENGINEERING & TESTING INC 210.00 387899 10/17/2019 SCHULKE BITTLE & STODDARD LLC 3,080.20 387900 10/17/2019 ECOTECH CONSULTANTS INC 2,666.00 387901 10/17/2019 VERO INDUSTRIAL SUPPLY INC 54.88 387902 10/17/2019 BILLS TV SERVICE CENTER INC 1,500.00 387903 10/17/2019 EXPRESS REEL GRINDING INC 4,200.00 387904 10/17/2019 TIRESOLES OF BROWARD INC 5,199.62 387905 10/17/2019 PARAGON ELECTRIC INC 1,235.00 387906 10/17/2019 CITY ELECTRIC SUPPLY COMPANY 249.00 387907 10/17/2019 DELL MARKETING LP 850.00 387908 10/17/2019 GOLF SPECIALTIES INC 8,250.00 387909 10/17/2019 UTILITY SERVICE CO INC 77,837.00 387910 10/17/2019 BAKER & TAYLOR INC 512.51 387911 10/17/2019 NORTHERN SAFETY CO INC 586.81 35 TRANS NBR DATE VENDOR AMOUNT 387912 10/17/2019 BAKER DISTRIBUTING CO LLC 12.28 387913 10/17/2019 ATKINS NORTH AMERICA INC 25,713.68 387914 10/17/2019 CENGAGE LEARNING INC 10,719.35 387915 10/17/2019 GO COASTAL INC 88.40 387916 10/17/2019 COMMUNITY ASPHALT CORP 114,527.42 387917 10/17/2019 SUNSHINE REHABILATION CENTER OF IRC INC 600.00 387918 10/17/2019 CLERK OF CIRCUIT COURT 1,209.80 387919 10/17/2019 CITY OF VERO BEACH 500.00 387920 10/17/2019 CITY OF VERO BEACH 3,940.82 387921 10/17/2019 INDIAN RIVER ALL FAB INC 266.20 387922 10/17/2019 EBSCO INDUSTRIES INC 18,563.00 387923 10/17/2019 UNITED STATES POSTAL SERVICE 268.00 387924 10/17/2019 TREASURE COAST HOMELESS SERVICES 8,132.09 387925 10/17/2019 ACUSHNET COMPANY 8,085.09 387926 10/17/2019 GEOSYNTEC CONSULTANTS INC 2,720.33 387927 10/17/2019 ST JOHNS RIVER WATER MGMT DISTRICT 2,110.00 387928 10/17/2019 FEDERAL EXPRESS CORP 9.28 387929 10/17/2019 FEDERAL EXPRESS CORP 64.44 387930 10/17/2019 FEDERAL EXPRESS CORP 86.52 387931 10/17/2019 FEDERAL EXPRESS CORP 103.08 387932 10/17/2019 MORGAN & EKLUND INC 31,185.00 387933 10/17/2019 TIMOTHY ROSE CONTRACTING INC 14,361.55 387934 10/17/2019 CALLAWAY GOLF SALES COMPANY 7,238.59 387935 10/17/2019 SUBSTANCE AWARENESS COUNCIL OF IRC INC 1,163.60 387936 10/17/2019 FLORIDA POWER AND LIGHT 100,824.71 387937 10/17/2019 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 387938 10/17/2019 AMERICAN PLANNING ASSOCIATION 260.00 387939 10/17/2019 PEACE RIVER ELECTRIC COOP INC 94.28 387940 10/17/2019 LANGUAGE LINE SERVICES INC 65.63 387941 10/17/2019 FIRST CHURCH OF GOD OF VERO BEACH INC 1,221.60 387942 10/17/2019 GIFFORD COMMUNITY CENTER 1,646.52 387943 10/17/2019 PITNEY BOWES INC 201.00 387944 10/17/2019 G K ENVIRONMENTAL INC 2,958.00 387945 10/17/2019 BANK OF NEW YORK 300.00 387946 10/17/2019 ELXSI INC 1,800.68 387947 10/17/2019 FLORIDA ENGINEERING SOCIETY 210.00 387948 10/17/2019 VERO CLUB PARTNERS LTD 375.00 387949 10/17/2019 FLORIDA ASSOC OF CODE ENFORCEMENT 200.00 387950 10/17/2019 ENVISIONWARE INC 2,597.07 387951 10/17/2019 CMC GOLF INC 814.18 387952 10/17/2019 SHRIEVE CHEMICAL CO 3,780.00 387953 10/17/2019 THE PALMS AT VERO BEACH 300.00 387954 10/17/2019 PUKKA INC 2,007.36 387955 10/17/2019 BRENNAN & KRETSCHMER 1,400.00 387956 10/17/2019 TRANE US INC 2,585.03 387957 10/17/2019 ROWMAN & LITTLEFIELD 937.82 387958 10/17/2019 CELICO PARTNERSHIP 72.14 387959 10/17/2019 TMQ INC 570.00 387960 10/17/2019 ANIXTER INC 464.00 387961 10/17/2019 CINTAS CORPORATION NO 2 150.05 387962 10/17/2019 ELECTRONIC ACCESS SPECIALIST 379.47 387963 10/17/2019 FLORIDA RURAL LEGAL SERVICES INC 388.60 387964 10/17/2019 FASTENAL COMPANY 6,303.68 387965 10/17/2019 M T CAUSLEY INC 24,266.00 387966 10/17/2019 SWANK MOTION PICTURES INC 1,572.00 387967 10/17/2019 OCLC ONLINE COMPUTER LIBRARY CENTER 470.40 387968 10/17/2019 JOHN M PICKERILL 450.00 387969 10/17/2019 CENTRAL PUMP & SUPPLY INC 168.82 387970 10/17/2019 MASTELLER & MOLER INC 8,060.00 387971 10/17/2019 STAPLES CONTRACT & COMMERCIAL INC 97.95 36 TRANS NBR DATE VENDOR AMOUNT 387972 10/17/2019 HEVERON GROUP INC 19,039.00 387973 10/17/2019 ORCHID ISLAND PROPERTY MGMT II INC 1,100.00 387974 10/17/2019 AMERICAN WATER WORKS ASSOCIATION 238.00 387975 10/17/2019 COMMUNICATIONS BROKERS & CONSULTANTS INC 3.43 387976 10/17/2019 FIRE FACILITIES INC 378.00 387977 10/17/2019 JACE CHANDLER & ASSOCIATES INC 780.00 387978 10/17/2019 FISHER & PHILLIPS LLP 140.00 387979 10/17/2019 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 6,250.00 387980 10/17/2019 STORAGE TRUST #528 483.56 387981 10/17/2019 VERO MILLWORK INC 252.82 387982 10/17/2019 KWACKS INC 2,074.00 387983 10/17/2019 NICOLACE MARKETING INC 1,845.00 387984 10/17/2019 PATTYS PRINTING & GRAPHICS INC 175.00 387985 10/17/2019 BRENNTAG MID -SOUTH INC 7,110.12 387986 10/17/2019 HIGHERGROUND INC 9,284.66 387987 10/17/2019 FLORIDA ARMATURE WORKS INC 289.95 387988 10/17/2019 OVERDRIVE INC 28,196.17 387989 10/17/2019 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 387990 10/17/2019 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 387991 10/17/2019 XYLEM WATER SOLUTION USA INC 6,059.10 387992 10/17/2019 GFA INTERNATIONAL INC 10,237.50 387993 10/17/2019 MOORE MOTORS INC 245.55 387994 10/17/2019 CLEAN SWEEP & VAC LLC 6,206.00 387995 10/17/2019 REPROGRAPHIC SOLUTIONS INC 73.80 387996 10/17/2019 LOWES HOME CENTERS INC 1,290.20 387997 10/17/2019 BURNETT LIME CO INC 6,323.80 387998 10/17/2019 TREASURE COAST TURF INC 150.00 387999 10/17/2019 PENGUIN RANDOM HOUSE LLC 23.25 388000 10/17/2019 PENGUIN RANDOM HOUSE LLC 23.25 388001 10/17/2019 STRAIGHT OAK LLC 152.50 388002 10/17/2019 SCADA SOLUTIONS LLC 6,000.00 388003 10/17/2019 STEWART & STEVENSON FDDA LLC 1,485.45 388004 10/17/2019 KESSLER CONSULTING INC 2,205.00 388005 10/17/2019 BERNARD EGAN & COMPANY 27,737.36 388006 10/17/2019 COBRA GOLF INCORPORATED 742.00 388007 10/17/2019 SYLIVIA MILLER 68.00 388008 10/17/2019 FLORITURF SOD INC 167.00 388009 10/17/2019 ANDERSEN ANDRE CONSULTING ENGINEERS INC 7,876.00 388010 10/17/2019 ORIGINAL TOWN APARTMENTS 500.00 388011 10/17/2019 INNOVATIVE INTERFACES INC 49,124.77 388012 10/17/2019 CAREFREE RANCH 2,000.00 388013 10/17/2019 UNIFIRST CORPORATION 1,927.74 388014 10/17/2019 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 1,385.84 388015 10/17/2019 MOTION PICTURE LICENSING CORPORATION 660.01 388016 10/17/2019 CDA SOLUTIONS INC 4,000.00 388017 10/17/2019 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 203.12 388018 10/17/2019 GOTTA GO GREEN ENTERPISES INC 162.75 388019 10/17/2019 NORTH AMERICAN OFFICE SOLUTIONS INC 19.32 388020 10/17/2019 FLORIDA EAST COAST HOLDINGS CORP 16,798.95 388021 10/17/2019 EZLINKS GOLF LLC 300.00 388022 10/17/2019 PTE GOLF LLC 564.97 388023 10/17/2019 BIBLIOTHECA LLC 4,662.92 388024 10/17/2019 DEBBIE CARSON 550.00 388025 10/17/2019 PEOPLE READY INC 22,942.24 388026 10/17/2019 AQSEPTENCE GROUP INC 2,008.15 388027 10/17/2019 CANARX GROUP INC 4,415.00 388028 10/17/2019 BLX GROUP LLC 1,750.00 388029 10/17/2019 COLE AUTO SUPPLY INC 460.57 388030 10/17/2019 KONICA MINOLTA BUSINESS SOLUTIONS 146.66 388031 10/17/2019 LADY COMETS INC 500.00 37 TRANS NBR DATE VENDOR AMOUNT 388032 10/17/2019 RELX INC 400.00 388033 10/17/2019 ENVIRONMENTAL OPERATING SOLUTION INC 8,090.80 388034 10/17/2019 CALVIN GIORDANO & ASSOCIATES INC 23,362.50 388035 10/17/2019 LOCKTON COMPANIES 22,375.00 388036 10/17/2019 STUART RUBBER STAMP & SIGN CO INC 675.49 388037 10/17/2019 VEOLIA WATER TECHNOLOGIES INC 10,446.60 388038 10/17/2019 CORE & MAIN LP 1,108.15 388039 10/17/2019 PACIFIC RIM VENTURES INC 12.00 388040 10/17/2019 ENVIRONMENTAL SCIENCE ASSOCIATES 5,246.00 388041 10/17/2019 GOMEZ BROTHERS IRRIGATION LLC 1,053.00 388042 10/17/2019 DJD EQUIPMENT HOLDINGS LLC 712.28 388043 10/17/2019 ABISCOM INC 423.40 388044 10/17/2019 DANE CONTRACTING INC 9,994.00 388045 10/17/2019 ENGINEERED SERVICES INC 690.00 388046 10/17/2019 BEST VERSION MEDIA LLC 244.00 388047 10/17/2019 DIRECTV GROUP INC 56.24 388048 10/17/2019 SHAWN CONBOY 238.39 388049 10/17/2019 AMAZON CAPITAL SERVICES INC 3,140.71 388050 10/17/2019 ALL RITE WATER PURIFICATION INC 5.04 388051 10/17/2019 AMERIGAS PROPANE LP 4,500.76 388052 10/17/2019 JORDAN POWER EQUIPMENT CORP 1,989.65 388053 10/17/2019 BRYAN CAVE LEIGHTON PAISNER LLP 56,303.52 388054 10/17/2019 CK CONTRACTORS & DEVELOPMENT LLC 67,563.05 388055 10/17/2019 NICHOLAS RAMOS 187.00 388056 10/17/2019 PETROTECH SOUTHEAST INC 5,500.00 388057 10/17/2019 APTIM CORP 74,692.51 388058 10/17/2019 GATEWAY SERVICES USA LLC 60.00 388059 10/17/2019 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 94.58 388060 10/17/2019 INVASIVE PLANT ERADICATORS LLC 1,300.00 388061 10/17/2019 INVASIVE PLANT ERADICATORS LLC 524.30 388062 10/17/2019 LOWES COMPANIES INC 485.04 388063 10/17/2019 THE HUMAN NATURE FOUNDATION 149.39 388064 10/17/2019 DANIEL INMAN 13.95 388065 10/17/2019 HARRIS LOCAL GOVERNMENT SOLUTIONS INC 1,110.00 388066 10/17/2019 EZEQUIEL SOTO 34.40 388067 10/17/2019 UTIL REFUNDS 59.39 388068 10/17/2019 UTIL, REFUNDS 14.77 388069 10/17/2019 UTIL REFUNDS 53.87 388070 10/17/2019 UTIL REFUNDS 89.99 388071 10/17/2019 UTIL REFUNDS 32.93 388072 10/17/2019 UTIL REFUNDS 80.44 388073 10/17/2019 UTIL REFUNDS 67.71 388074 10/17/2019 UTIL REFUNDS 357.38 388075 10/17/2019 UTIL REFUNDS 51.56 388076 10/17/2019 UTIL REFUNDS 400.42 388077 10/17/2019 UTIL REFUNDS 53.28 388078 10/17/2019 UTIL REFUNDS 87.55 388079 10/17/2019 UTIL REFUNDS 22.72 388080 10/17/2019 UTIL REFUNDS 36.68 388081 10/17/2019 UTIL REFUNDS 92.91 388082 10/17/2019 UTIL REFUNDS 75.16 388083 10/17/2019 UTIL, REFUNDS 66.87 388084 10/17/2019 UTIL REFUNDS 23.93 388085 10/17/2019 UTEL REFUNDS 26.02 388086 10/17/2019 UTIL REFUNDS 86.35 388087 10/17/2019 UTIL REFUNDS 49.06 388088 10/17/2019 UTIL REFUNDS 16.57 388089 10/17/2019 UTIL, REFUNDS 65.53 388090 10/17/2019 UTIL, REFUNDS 38.53 388091 10/17/2019 UTIL REFUNDS 39.00 TRANS NBR DATE VENDOR AMOUNT 388092 10/17/2019 UTIL REFUNDS 243.25 388093 10/17/2019 UTIL REFUNDS 92.58 388094 10/17/2019 UT1L REFUNDS 6.59 388095 10/17/2019 UTIL REFUNDS 87.96 388096 10/17/2019 UTIL REFUNDS 44.13 388097 10/17/2019 UTIL REFUNDS 69.67 388098 10/17/2019 UTIL REFUNDS 17.47 388099 10/17/2019 UTIL REFUNDS 171.63 388100 10/17/2019 UTIL REFUNDS 18.93 388101 10/17/2019 UTIL REFUNDS 64.18 388102 10/17/2019 UTIL REFUNDS 87.96 388103 10/17/2019 UTIL REFUNDS 250.00 388104 10/17/2019 UTIL REFUNDS 75.11 388105 10/17/2019 UTIL, REFUNDS 18.11 388106 10/17/2019 UTIL REFUNDS 22.03 388107 10/17/2019 UTM REFUNDS 42.34 388108 10/17/2019 UTI, REFUNDS 60.40 388109 10/17/2019 UTI, REFUNDS 73.01 388110 10/17/2019 UTI, REFUNDS 30.21 388111 10/17/2019 UTIL REFUNDS 74.45 388112 10/17/2019 UTII, REFUNDS 61.54 388113 10/17/2019 UTIL REFUNDS 90.44 388114 10/17/2019 UTIL REFUNDS 214.65 388115 10/17/2019 UTIL REFUNDS 79.82 388116 10/17/2019 UTIL REFUNDS 56.66 388117 10/17/2019 UTI, REFUNDS 4,068.64 388118 10/17/2019 UTIL REFUNDS 11.16 388119 10/17/2019 UTIL REFUNDS 34.74 388120 10/17/2019 UTIL REFUNDS 65.50 388121 10/17/2019 UTIL REFUNDS 74.20 388122 10/17/2019 UTIL REFUNDS 6.62 388123 10/17/2019 UTIL REFUNDS 39.78 388124 10/17/2019 UTIL REFUNDS 95.27 388125 10/17/2019 UTIL REFUNDS 47.50 388126 10/17/2019 UTIL REFUNDS 18.63 388127 10/17/2019 UTIL REFUNDS 7.61 388128 10/17/2019 UTIL REFUNDS 32.87 388129 10/17/2019 UTEL REFUNDS 85.28 388130 10/17/2019 UTIL REFUNDS 53.56 388131 10/17/2019 UTIL REFUNDS 75.95 388132 10/17/2019 UTIL REFUNDS 3.29 388133 10/17/2019 UTIL REFUNDS 70.86 388134 10/17/2019 UTIL REFUNDS 65.84 388135 10/17/2019 UTIL REFUNDS 67.11 388136 10/17/2019 UTIL REFUNDS 41.50 388137 10/17/2019 UTIL REFUNDS 13.92 388138 10/17/2019 UTIL REFUNDS 147.30 388139 10/17/2019 UTIL REFUNDS 63.91 388140 10/17/2019 UTIL REFUNDS 39.15 388141 10/17/2019 UTIL, REFUNDS 75.70 388142 10/17/2019 UTII, REFUNDS 40.79 388143 10/17/2019 UTIL REFUNDS 43.27 388144 10/17/2019 UTIL REFUNDS 80.25 388145 10/17/2019 UTIL REFUNDS 78.29 388146 10/17/2019 UTIL REFUNDS 30.38 388147 10/17/2019 UTIL REFUNDS 6.63 388148 10/17/2019 UTIL REFUNDS 27.70 388149 10/17/2019 UTIL REFUNDS 34.97 388150 10/17/2019 UTIL REFUNDS 17.21 388151 10/17/2019 UTIL REFUNDS 80.22 39 TRANS NBR DATE VENDOR AMOUNT 388152 10/17/2019 UTIL REFUNDS 10.88 388153 10/17/2019 UTIL REFUNDS 252.69 388154 10/17/2019 UTIL REFUNDS 60.57 388155 10/17/2019 UTIL REFUNDS 104.48 388156 10/17/2019 UTIL REFUNDS 44.13 388157 10/17/2019 UTIL, REFUNDS 75.49 388158 10/17/2019 UTIL REFUNDS 43.33 388159 10/17/2019 UTEL REFUNDS 12.04 388160 10/17/2019 UTIL REFUNDS 62.84 388161 10/17/2019 UTIL, REFUNDS 33.34 388162 10/17/2019 UTIL REFUNDS 52.58 388163 10/17/2019 UTIL REFUNDS 50.00 388164 10/17/2019 UTIL REFUNDS 151.07 388165 10/17/2019 UTIL REFUNDS 40.26 388166 10/17/2019 UTIL REFUNDS 20.35 388167 10/17/2019 UTIL REFUNDS 70.45 388168 10/17/2019 UTIL REFUNDS 96.82 388169 10/17/2019 UTIL REFUNDS 3.12 388170 10/17/2019 UTIL REFUNDS 18.00 388171 10/17/2019 UTIL REFUNDS 41.48 388172 10/17/2019 UTIL REFUNDS 36.27 388173 10/17/2019 UTIL REFUNDS 40.04 388174 10/17/2019 UTIL REFUNDS 43.41 388175 10/17/2019 UTIL REFUNDS 26.66 388176 10/17/2019 UTIL REFUNDS 69.91 388177 10/17/2019 UTIL REFUNDS 34.35 388178 10/17/2019 UTIL REFUNDS 100.00 388179 10/17/2019 UTIL REFUNDS 14.99 388180 10/17/2019 UTIL REFUNDS 20.87 388181 10/17/2019 UTIL REFUNDS 45.28 388182 10/17/2019 UTIL REFUNDS 56.02 388183 10/17/2019 UTIL REFUNDS 43.25 388184 10/17/2019 UTIL REFUNDS 53.98 388185 10/17/2019 UTIL REFUNDS 45.74 388186 10/17/2019 UTIL REFUNDS 138.48 388187 10/17/2019 UTIL REFUNDS 42.24 388188 10/17/2019 UTIL REFUNDS 28.63 388189 10/17/2019 UTIL REFUNDS 1.08 388190 10/17/2019 UTIL REFUNDS 42.44 388191 10/17/2019 UTIL REFUNDS 47.76 388192 10/17/2019 UTIL REFUNDS 45.51 388193 10/17/2019 UTIL REFUNDS 44.74 388194 10/17/2019 UTIL REFUNDS 63.53 388195 10/17/2019 UTIL, REFUNDS 46.15 388196 10/17/2019 UTIL REFUNDS 46.47 388197 10/17/2019 UTIL REFUNDS 46.07 388198 10/17/2019 UTIL REFUNDS 66.04 388199 10/17/2019 UTIL REFUNDS 93.29 388200 10/17/2019 UTIL REFUNDS 45.83 388201 10/17/2019 FLORIDA RECREATION & PARK ASSOC INC 20.00 388202 10/17/2019 COMFORT INN 178.00 388203 10/17/2019 COMFORT INN 178.00 388204 10/17/2019 CHRISTINE KELLY-BEGAZO 391.19 388205 10/17/2019 ELIZABETH POWELL 193.06 388206 10/17/2019 MICHAEL THORNE 63.84 388207 10/17/2019 SUSANADAMS 475.04 388208 10/17/2019 JOHN MARLATT 8.01 388209 10/17/2019 RACE TO SAFETY TRAINING LLC 350.00 388210 10/17/2019 KIMBERLY K MOIRANO 12.99 388211 10/17/2019 HUBLER DARREL 11.13 EO TRANS NBR DATE VENDOR 388212 10/17/2019 BRIAN SULLIVAN 388213 10/17/2019 FLIGHT SAFETY INTERNATIONAL INC 388214 10/17/2019 FIRE MARSHALS SUPPORT SERVICES LLC 388215 10/17/2019 JAMES PATTERSON Grand Total: AMOUNT 15.49 160.00 39.90 13.35 1,259,862.37 41 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1015687 10/14/2019 NORTH SOUTH SUPPLY INC 309.66 1015688 10/14/2019 UNIVERSAL SIGNS & ACCESSORIES 7,000.00 1015689 10/14/2019 RING POWER CORPORATION 4,071.14 1015690 10/14/2019 IRRIGATION CONSULTANTS UNLIMITED INC 625.02 1015691 10/14/2019 SOUTHERN COMPUTER WAREHOUSE INC 13,784.27 1015692 10/14/2019 HD SUPPLY FACILITIES MAINTENANCE LTD 2,691.92 1015693 10/14/2019 PRIDE ENTERPRISES 156.80 1015694 10/14/2019 METRO FIRE PROTECTION SERVICES INC 1,725.50 1015695 10/14/2019 RADWELL INTERNATIONAL INC 324.11 1015696 10/14/2019 FPS OFFICE SOLUTIONS LLC 1,516.30 1015697 10/14/2019 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1015698 10/14/2019 PACE ANALYTICAL SERVICES LLC 1,681.00 1015699 10/15/2019 AT&T 1,977.96 1015700 10/15/2019 OFFICE DEPOT INC 103.50 1015701 10/15/2019 COMCAST 27.96 1015702 10/16/2019 METRO FIRE PROTECTION SERVICES INC 150.00 1015703 10/16/2019 STAT MEDICAL DISPOSAL INC 600.00 1015704 10/17/2019 PARKS RENTAL & SALES INC 450.00 1015705 10/17/2019 NORTH SOUTH SUPPLY INC 263.86 1015706 10/17/2019 HELENA CHEMICAL 738.96 1015707 10/17/2019 INDIAN RIVER BATTERY 417.95 1015708 10/17/2019 INDIAN RIVER OXYGEN INC 3,454.25 1015709 10/17/2019 RING POWER CORPORATION 4,893.25 1015710 10/17/2019 CENTER POINT INC 19,285.56 1015711 10/17/2019 ABCO GARAGE DOOR CO INC 432.20 1015712 10/17/2019 ALLIED UNIVERSAL CORP 5,158.28 1015713 10/17/2019 THE EXPEDITER 174.18 1015714 10/17/2019 RECORDED BOOKS LLC 359.20 1015715 10/17/2019 HD SUPPLY FACILITIES MAINTENANCE LTD 436.82 1015716 10/17/2019 COMO OIL COMPANY OF FLORIDA 203.80 1015717 10/17/2019 PERKINS INDIAN RIVER PHARMACY 131.70 1015718 10/17/2019 COMPLETE ELECTRIC INC 2,640.00 1015719 10/17/2019 BARKER ELECTRIC, AIR CONDITIONING 5,495.00 1015720 10/17/2019 MIDWEST MOTOR SUPPLY CO 510.58 1015721 10/17/2019 FLORIDA LEVEL & TRANSIT CO INC 154.71 1015722 10/17/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 617.91 1015723 10/17/2019 STAT MEDICAL DISPOSAL INC 330.00 1015724 10/17/2019 HYDRA SERVICE (S) INC 16,285.78 1015725 10/17/2019 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1015726 10/17/2019 GUARDIAN ALARM OF FLORIDA LLC 1,501.25 1015727 10/17/2019 NEXAIR LLC 51.04 1015728 10/17/2019 EFE INC 2,459.22 1015729 10/17/2019 PACE ANALYTICAL SERVICES LLC 1,354.00 1015730 10/17/2019 ALL PAVING INC 1,759.05 Grand Total: 106,473.69 42 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7148 10/11/2019 I R C HEALTH INSURANCE - TRUST 85,126.84 7149 10/11/2019 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,900.00 7150 10/11./2019 MUTUAL OF OMAHA 2,520.00 7151 10/11/2019 KIMLEY HORN & ASSOC INC 33,759.50 7152 10/11/2019 TOWN OF INDIAN RIVER SHORES 6,001.69 7153 10/11/2019 CHARD SNYDER & ASSOCIATES INC 7154 10/15/2019 SENIOR RESOURCE ASSOCIATION 208,975.77 7155 10/15/2019 RUSSELL PAYNE INC 107,376.83 7156 10/15/2019 SENIOR RESOURCE ASSOCIATION 164,500.00 7157 10/16/2019 IRS -PAYROLL TAXES 8,984.37 7158 10/16/2019 FLORIDA DEPARTMENT OF REVENUE. 7,035.53 7159 10/16/2019 FLORIDA DEPARTMENT OF REVENUE 1,584.30 7160 10/16/2019 FLORIDA DEPARTMENT OF REVENUE 1,587.61 7161 10/16/2019 FLORIDA DEPARTMENT OF REVENUE 1,326.64 7162 10/16/2019 THALLE CONSTRUCTION CO INC 787,961.90 7163 10/17/2019 FLORIDA DEPARTMENT OF BUSINESS AND 10,491.49 Grand Total: 1,439,316.47 43 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 17, 2019 SUBJECT: APPROVAL OF RENTAL ASSISTANCE CHECKS September 1, 2019 to October 17, 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. Approvalis requested for the attached lists of rental assistance checks, issued by the Comptroller's office, for the time period of September 1, 2019 to October 17, 2019. M11 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900000 09/01/2019 GRACES LANDING LTD 8,334.00 900001 09/01/2019 WILLIE C REAGAN 446.00 900002 09/01/2019 RIVER PARK ASSOCIATES LIMITED '12,842.00. 900003 09/01/2019 CREATIVE CHOICE HOMES XVI LTD 17,916.00 900004 09/01/2019 DAVID YORK 596.00 900005 09/01/2019 ST FRANCIS MANOR OF VERO BEACH 286.00 900006 09/01/2019 TREASURE COAST HOMELESS SERVICES 3,510.00 900007 09/01/2019 FLORIDA POWER AND LIGHT 327.00 900008 09/01/2019 VENETIAN APARTMENTS OF VERO BEACH 377.00 900009 09/01/2019 PINNACLE GROVE LTD 1,030.00 900010 09/01/2019 VERO CLUB PARTNERS LTD 18,239.00 900011 09/01/2019 DAVID SPARKS 370.00 900012 09/01/2019 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,831.00 900013 09/01/2019 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,623.00 900014 09/01/2019 CRAIG MERRILL 616.00 900015 09/01/2019 HAGGERTY FAMILY LTD 367.00 900016 09/01/2019 THE PALMS AT VERO BEACH 15,879.00 900017 09/01/2019 DAVID CONDON 718.00 900018 09/01/2019 HILARY MCIVOR 713.00 900019 09/01/2019 PELICAN ISLES LP 7,615.00 900020 09/01/2019 SUNCOAST REALTY & RENTAL MGMT LLC 4,470.00 900021 09/01/2019 OAK RIVER PROPERTIES INC 317.00 900022 09/01/2019 SONRISE VILLAS LTD 2,072.00 900023 09/01/2019 ADINA GOLDMAN 615.00 900024 09/01/2019 INDIAN RIVER RDA LP 5,081.00 900025 09/01/2019 GEORGE THUYNS 543.00 900026 09/01/2019 LAZY J LLC 2,165.00 900027 09/01/2019 JESSE LEWIS 678.00 900028 09/01/2019 SKOKIE HOLDINGS INC 703.00 900029 09/01/2019 OSLO VALLEY PROPERTIES INC 833.00 900030 09/01/2019 SAID S MOOBARK 1,517.00 900031 09/01/2019 OSCEOLA COUNTY SECTION 8 683.73 900032 09/01/2019 ANTHONY ARROYO 481.00. 900033 09/01/2019 AHS HOLDINGS GROUP LLC 1,050.00 900034 09/01/2019 DANIEL CORY MARTIN 1,476.00 900035 09/01/2019 YVONNE KOUTSOFIOS 20.00 900036 09/01/2019 ALAN R TOKAR 728.00 900037 09/01/2019 VERO BEACH VILLAS I LLC 449.00 900038 09/01/2019 BRIAN E GALLAGHER 540.00 900039 09/01/2019 STEPHANIE WATCHEK FOUNTAIN TRUST 122.00 960040 09/01/2019 SCOT WILKE 510.00 900041 09/01/2019 THEODORE BARTOSIEWICZ 497.00 900042 09/01/2019 FOUNDATION FOR AFFORDABLE RENTAL 22,501.00 900043 09/01/2019 RICHARD KUSSEROW 459.00 900044 09/01/2019 JOHN T STANLEY 776.00 900045 09/01/2019 WEDGEWOOD RENTALS LLC 1,495.00 900046 09/01/2019 ALMA LUCKETT 745.00 900047 09/01/2019 MCLAUGHLIN PROPERTIES LLC 1,137.00 900048 09/01/2019 MYRIAM MELENDEZ 522.00 900049 09/01/2019 WATSON REALTY GROUP 2,619.00 900050 09/01/2019 SHER LLC 439.00 900051 09/01/2019 LAWRENCE C SALTER 470.00 900052 09/01/2019 LINDSEY GARDENS 13,983.00 900053 09/01/2019 SUNQUEST APRTMENTS LLC 2,599.00 900054 10/01/2019 GRACES LANDING LTD 0.00 900055 10/01/2019 WILLIE C REAGAN 446.00 900056 10/01/2019 RIVER PARK ASSOCIATES LIMITED 13,136.00 900057 10/01/2019 CREATIVE CHOICE HOMES XVI LTD 18,036.00 'R TRANS NBR DATE VENDOR AMOUNT 900058 10/01/2019 DAVID YORK 596.00 900059 10/01/2019 ST FRANCIS MANOR OF VERO BEACH 256.00 900060 10/01/2019 TREASURE COAST HOMELESS SERVICES 3,660.00 900061 10/01/2019 FLORIDA POWER AND LIGHT 327.00 900062 10/01/2019 VENETIAN APARTMENTS OF VERO BEACH 377.00 900063 10/01/2019 VERO CLUB PARTNERS LTD 19,365.00 900064 10/01/2019 DAVID SPARKS 370.00 900065 10/01/2019 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,831.00 900066 10/01/2019 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,653.00 960067 10/01/2019 CRAIG MERRILL 512.00 900068 10/01/2019 HAGGERTY FAMILY LTD 367.00 900069 10/01/2019 THE PALMS AT VERO BEACH 15,957.00 900070 10/01/2019 DAVID CONDON 718.00 900071 10/01/2019 HILARY MCIVOR 713.00 900072 10/01/2019 PELICAN ISLES LP 7,197.00 900073 10/01/2019 SUNCOAST REALTY & RENTAL MGMT LLC 4,509.00 900074 10/01/2019 OAK RIVER PROPERTIES INC 317.00 900075 10/01/2019 SONRISE VILLAS LTD 2,072.00 900076 10/01/2019 ADINA GOLDMAN 615.00 900077 10/01/2019 INDIAN RIVER RDA LP 5,068.00 900078 10/01/2019 GEORGE THUYNS 543.00 960079 10/01/2019 LAZY J LLC 1,704.00 900080 10/01/2019 JESSE LEWIS 678.00 900081 10/01/2019 SKOKIE HOLDINGS INC 703.00 900082 10/01/2019 OSLO VALLEY PROPERTIES INC 833.00 900083 10/01/2019 SAID S MOOBARK 1,611.00 900084 10/01/2019 OSCEOLA COUNTY SECTION 8 688.26 900085 10/01/2019 ANTHONY ARROYO 481.00 900086 10/01/2019 DANIEL CORY MARTIN 1,476.00 900087 10/01/2019 YVONNE KOUTSOFIOS 20.00 900088 10/01/2019 ALAN R TOKAR 728.00 900089 10/01/2019 VERO BEACH VILLAS I LLC 449.00 900090 10/01/2019 BRIAN E GALLAGHER 591.00 900091 10/01/2019 STEPHANIE WATCHEK FOUNTAIN TRUST 122.00 900092 10/01/2019 SCOT WILKE 217.00 900093 10/01/2019 THEODORE BARTOSIEWICZ 497.00 900094 10/01/2019 FOUNDATION FOR AFFORDABLE RENTAL 22,459.00 900095 10/01/2019 RICHARD KUSSEROW 459.00 900096 10/01/2019 JOHN T STANLEY 776.00 900097 10/01/2019 WEDGEWOOD RENTALS LLC 1,348.00 900098 10/01/2019 ALMA LUCKETT 745.00 900099 10/01/2019 MCLAUGHLIN PROPERTIES LLC 1,137.00 900100 10/01/2019 MYRIAM MELENDEZ 522.00 900101 10/01/2019 WATSON REALTY GROUP 2,690.00 900102 10/01/2019 SHER LLC 439.00 900103 10/01/2019 LAWRENCE C SALTER 470.00 900104 10/01/2019 LINDSEY GARDENS 12,968.00 900105 10/01/2019 SUNQUEST APRTMENTS LLC 2,599.00 900106 10/01/2019 PJD HOLDINGS LLC 1,050.00 900107 10/17/2019 GRACES LANDING LTD 8,064.00 Grand Total: 340,095.99 Mo No— JEFFREY . Y JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 24, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 18, 2019 to October 24, 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 18, 2019 to October 24, 2019. 47 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 388216 10/18/2019 UNITED WAY OF INDIAN RIVER COUNTY 632.00 388217 10/18/2019 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 633.10 388218 10/18/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 388219 10/18/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 303.42 388220 10/18/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 388221 10/18/2019 NORTH CAROLINA CHILD SUPPORT 105.69 388222 10/18/2019 ECMC 295.11 388223 10/18/2019 NORTH CAROLINA DEPARTMENT OF REVENUE 89.01 388224 10/18/2019 COMMONWEALTH OF MASSACHUSETTS 154.00 388225 10/18/2019 KANSAS PAYMENT CENTER 219.69 388226 10/24/2019 PORT CONSOLIDATED INC 275.59 388227 10/24/2019 COMMUNICATIONS INTERNATIONAL 127,878.60 388228 10/24/2019 COMMUNICATIONS INTERNATIONAL 366.80 388229 10/24/2019 TEN -8 FIRE EQUIPMENT INC 479.53 388230 10/24/2019 VERO CHEMICAL DISTRIBUTORS INC 574.65 388231 10/24/2019 LUCAS WATERPROOFING CO LLC 12,000.00 388232 10/24/2019 RICOH USA INC 50.76 , 388233 10/24/2019 HENRY SCHEIN INC 622.90 388234 10/24/2019 SAFETY PRODUCTS INC 240.30 388235 10/24/2019 AT&T WIRELESS 1,559.45 388236 10/24/2019 GRAINGER 346.88 388237 10/24/2019 REPUBLIC SERVICES INC 442,360.49 388238 10/24/2019 KSM ENGINEERING & TESTING INC 210.00 388239 10/24/2019 BOUND TREE MEDICAL LLC 1,120.70 388240 10/24/2019 VERO INDUSTRIAL SUPPLY INC 56.37 388241 10/24/2019 EXPRESS REEL GRINDING INC 300.00 388242 10/24/2019 TIRESOLES OF BROWARD INC 5,162.38 388243 10/24/2019 CITY ELECTRIC SUPPLY COMPANY 609.89 388244 10/24/2019 CARTER ASSOCIATES INC 1,080.00 388245 10/24/2019 CHILDCARE RESOURCES OF IRC INC 15,811.32 388246 10/24/2019 NEWMANS POWER SYSTEMS 818.15 388247 10/24/2019 BAKER & TAYLOR INC 5,140.63 388248 10/24/2019 MIDWEST TAPE LLC 1,755.47. 388249 10/24/2019 K & M ELECTRIC SUPPLY 89.12 388250 10/24/2019 BAKER DISTRIBUTING CO LLC 1,126.54 388251 10/24/2019 CENGAGE LEARNING INC 2,744.35 388252 10/24/2019 PALM TRUCK CENTERS INC 762.66 388253 10/24/2019 JIMMYS AIR & REFRIGERATION INC 2,517.84 388254 10/24/2019 SUNSHINE REHABILATION CENTER OF IRC INC 45.00 388255 10/24/2019 CREATIVE CHOICE HOMES XVI LTD 345.00 388256 10/24/2019 BOYS & GIRLS CLUB OF INDIAN 7,500.00 388257 10/24/2019 TINDALE-OLIVER & ASSOCIATES INC 29,092.38 388258 10/24/2019 CLERK OF CIRCUIT COURT 27.00 388259 10/24/2019 INDIAN RIVER COUNTY HEALTH DEPT 21,653.05 388260 10/24/2019 CITY OF VERO BEACH 2,805.98 388261 10/24/2019 FLORIDA DEPARTMENT OF BUSINESS AND 13,966.48 388262 10/24/2019 LIVINGSTON PAGE 40.00 388263 10/24/2019 FLORIDA FISH & WILDLIFE 3,979.55 388264 10/24/2019 TREASURE COAST HOMELESS SERVICES 905.34 388265 10/24/2019 KNIGHT MCGUIRE & ASSOCIATES INC 1,000.00 388266 10/24/2019 PUBLIX SUPERMARKETS 93.25 388267 10/24/2019 WAL MART STORES EAST LP 93.02 388268 10/24/2019 FLORIDA FIRE MARSHALS & INSPECTORS 450.00 388269 10/24/2019 ROGER CLEVELAND GOLF INC 396.59 388270 10/24/2019 ACUSHNET COMPANY 415.99 388271 10/24/2019 INTERNATIONAL GOLF MAINTENANCE INC 6,890.16 388272 10/24/2019 WEST PUBLISHING CORPORATION 355.00 388273 10/24/2019 FEDERAL EXPRESS CORP 6.63 TRANS NBR DATE VENDOR AMOUNT 388274 10/24/2019 FEDERAL EXPRESS CORP 13.26 388275 10/24/2019 FEDERAL EXPRESS CORP 56.90 388276 10/24/2019 FEDERAL EXPRESS CORP 69.40 388277 10/24/2019 SIEMENS INDUSTRY INC 4,019.00 388278 10/24/2019 TIMOTHY ROSE CONTRACTING INC 2,623.32 388279 10/24/2019 CALLAWAY GOLF SALES COMPANY 2,575.31 388280 10/24/2019 SUBSTANCE AWARENESS COUNCIL OF IRC INC 11,517.33 388281 10/24/2019 FLORIDA POWER AND LIGHT 96,241.34 388282 10/24/2019 GIFFORD YOUTH ACHIEVEMENT CENTER INC 3,491.64 388283 10/24/2019 STATE ATTORNEY 11,375.62 388284 10/24/2019 CITY OF FELLSMERE 499.84 388285 10/24/2019 PEACE RIVER ELECTRIC COOP INC 179.11 388286 10/24/2019 NEW HORIZONS OF THE TREASURE COAST 25,881.33 388287 10/24/2019 SUNSHINE STATE ONE CALL OF FL INC 1,130.33 388288 10/24/2019 CATHOLIC CHARITIES DIOCESE OF PALM BCH 901.93 388289 10/24/2019 TOCOMA RUBBER STAMP & MARKING SYSTEM 85.99 388290 10/24/2019 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 388291 10/24/2019 B & H FOTO & ELECTRONICS CORP 6.95 388292 10/24/2019 TREASURE COAST SPORTS COMMISSION INC 1,641.87 388293 10/24/2019 FLORIDA LIBRARY ASSOCIATION 144.00 388294 10/24/2019 IRC HEALTHY START COALITION INC 2,500.00 388295 10/24/2019 IRC HEALTHY START COALITION INC 2,500.00 388296 10/24/2019 IRC HEALTHY START COALITION INC 2,500.00 388297 10/24/2019 IRC HEALTHY START COALITION INC 2,500.00 388298 10/24/2019 IRC HEALTHY START COALITION INC 833.37 388299. 10/24/2019 FLORIDA STATE GOLF ASSOCIATION 150.00 388300 10/24/2019 NOTARY PUBLIC UNDERWRITERS INC 79.00 388301 10/24/2019 GREY HOUSE PUBLISHING 518.95 388302 10/24/2019 ESRI INC 6,200.00 388303 10/24/2019 INDIAN RIVER FARMS WATER CNTRL DIST 18,059.40 388304 10/24/2019 ALAN C KAUFFMANN 100.00 388305 10/24/2019 INSIGHT PUBLIC SECTOR 3,976.05 388306 10/24/2019 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 128.88 388307 10/24/2019 CHILDRENS HOME SOCIETY OF FL 2,250.00 388308 10/24/2019 BANK OF NEW YORK 1,162.50 388309 10/24/2019 FLORIDA SHORE & BEACH PRESERVATION 7,000.00 388310 10/24/2019 VERO CLUB PARTNERS LTD 441.00 388311 10/24/2019 CAROLINA SOFTWARE INC 500.00 388312 10/24/2019 VERO BEACH ROOFING INC 167,964.75 388313 10/24/2019 SHRIEVE CHEMICAL CO 8,050.83 388314 10/24/2019 ECONOLITE CONTROL PRODUCTS INC 19,117.88 388315 10/24/2019 PELICAN ISLAND AUDUBON SOCIETY INC 2,372.63 388316 10/24/2019 THE PALMS AT VERO BEACH 413.00 388317 10/24/2019 INSTITUTE OF TRANSPORTATION 310.00 388318 10/24/2019 CELICO PARTNERSHIP 4,834.73 388319 10/24/2019 ANIXTER INC 581.50 388320 10/24/2019 FLORIDA DEPT OF JUVENILE JUSTICE 37,280.72 388321 10/24/2019 CONTROL SYSTEMS DESIGN INC 675.00 388322 10/24/2019 JOSEPH W VASQUEZ 40.00 388323 10/24/2019 SYNAGRO-WWT INC 44,102.86 388324 10/24/2019 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 388325 10/24/2019 BIG BROTHERS AND BIG SISTERS 625.00 388326 10/24/2019 BIG BROTHERS AND BIG SISTERS 7,907.13 388327 10/24/2019 FASTENAL COMPANY 69.35 388328 10/24/2019 SOUTHERN JANITOR SUPPLY INC 4,156.96 388329 10/24/2019 MBV ENGINEERING INC 11,675.50 388330 10/24/2019 ETR LLC 79.14 388331 10/24/2019 STAPLES CONTRACT & COMMERCIAL INC 1,782.34 388332 10/24/2019 FLORIDA CONSERVATION DIST EMP ASSOC 10.00 388333 10/24/2019 SONRISE VILLAS LTD 375.00 .ol TRANS NBR DATE VENDOR AMOUNT 388334 10/24/2019 JOHNNY B SMITH 40.00 388335 10/24/2019 EARLY LEARNING COALITION OF INDIAN RIVER 14,694.38 388336 10/24/2019 CHARLES A WALKER 40.00 388337 10/24/2019 INDIAN RIVER RDA LP 250.00 388338 10/24/2019 REDLANDS CHRISTIAN MIGRANT ASSOC 19,133.42 388339 10/24/2019 MADESSIA FLOWERS 60.00 388340 10/24/2019 TREASURE COAST FOOD BANK INC 84.78 388341 10/24/2019 KWACKS INC 660.00 388342 10/24/2019 YOUTH GUIDANCE DONATION FUND 833.37 388343 10/24/2019 EQ THE ENVIRONMENTAL QUALITY COMPANY 26,436.71 388344 10/24/2019 INSTRUMENT SPECIALTIES INC 10,815.00 388345 10/24/2019 SOUTHEAST JET CONSULTLANTS INC 105.00 388346 10/24/2019 GUETTLER BROTHERS CONSTRUCTION LLC 33,732.25 388347 10/24/2019 OVERDRIVE INC 4,986.51 388348 10/24/2019 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 388349 10/24/2019 BERMUDA SANDS APPAREL LLC 1,141.86 388350 10/24/2019 XYLEM WATER SOLUTION USA INC 4,023.50 388351 10/24/2019 ORLANDO FREIGHTLINER INC 46.53 388352 10/24/2019 ALAN JAY CHEVROLET CADILLAC 52,369.00 388353 10/24/2019 MOORE MOTORS INC 366.91 388354 10/24/2019 JOSHUA HARVEY GHIZ 412.80 388355 10/24/2019 NEWSOM OIL COMPANY 770.25 388356 10/24/2019 OCEAN RESEARCH & CONSERVATION ASSOCIATION E 9,320.80 388357 10/24/2019 REPROGRAPHIC SOLUTIONS INC 54.00 388358 10/24/2019 LOWES HOME CENTERS INC 1,089.09 388359 10/24/2019 CARDINAL HEALTH 110 INC 3,040.91 388360 10/24/2019 ALEX MIKLO 40.00 388361 10/24/2019 BURNETT LIME CO INC 6,357.40 388362 10/24/2019 W&G MAINTENANCE 9,490.00 388363 10/24/2019 PENGUIN RANDOM HOUSE LLC 174.00 388364 10/24/2019 SCADA SOLUTIONS LLC 500.00 388365 10/24/2019 SOUTHERN MANAGEMENT LLC 1,942.50 388366 10/24/2019 CHEMTRADE CHEMICALS CORPORTATION 12,754.69 388367 10/24/2019 REI ENGINEERS INC 630.00 388368 10/24/2019 BERNARD EGAN & COMPANY 18,079.92 388369 10/24/2019 AMERITAS 29,739.96 388370 10/24/2019 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 388371 10/24/2019 SYLIVIA MILLER 1,832.00 388372 10/24/2019 HAWKINS INC 1,957.50 388373 10/24/2019 RICHARD SZPYRKA 212.00 388374 10/24/2019 KENDRA COPE 35.00 388375 10/24/2019 CATHEDRAL CORPORATION 17,424.38 388376 10/24/2019 UNIFIRST CORPORATION 552.95 388377 10/24/2019 JOHNSON-DAVIS INCORPORATED 22,950.14 388378 10/24/2019 BARSALOU VENTURES LLC 756.55 388379 10/24/2019 THE GIFFORD FLORIDA YOUTH ORCHESTRA 5,275.00 388380 10/24/2019 NORTH AMERICAN OFFICE SOLUTIONS INC 24.28 388381 10/24/2019 WURTH USA INC 244.38 388382 10/24/2019 FLORIDA EAST COAST HOLDINGS CORP 18,000.00 388383 10/24/2019 FLORIDA EAST COAST HOLDINGS CORP 29,977.96 388384 10/24/2019 RUSSELL L OWEN III 40.00 388385 10/24/2019 BYERS ENGINEERING COMPANY 8,300.00 388386 10/24/2019 UNDER THE SUN PRODUCTIONS 500.00 388387 10/24/2019 AC VETERINARY SPECIALTY SERVICES 45.00 388388 10/24/2019 EDWARD ILLIDGE 20.00 388389 10/24/2019 COLTON PARKER 40.00 388390 10/24/2019 ALL WEBBS ENTERPRISES INC 22,916.00 388391 10/24/2019 COVERALL NORTH AMERICA INC 2,230.00 388392 10/24/2019 MATHESON TRI -GAS INC 7,661.55 388393 10/24/2019 PEOPLE READY INC 14,062.16 50 TRANS NBR DATE VENDOR AMOUNT 388394 10/24/2019 MATTHEW NEAL VAN ERT 5,600.00 388395 10/24/2019 CREATIVE EMPIRE LLC 7,404.16 388396 10/24/2019 COLE AUTO SUPPLY INC 1,045.21 388397 10/24/2019 BETH NOLAN 151.00 388398 10/24/2019 THOMAS R PILIERO 30.00 388399 10/24/2019 RECYCLING ROCKS LLC 1,200.00 388400 10/24/2019 BOWMAN CONSULTING GROUP LTD 11,369.25 388401 10/24/2019 NESTLE WATERS NORTH AMERICA 42.90 388402 10/24/2019 TOTAL ADMINISTRATIVE SERVICES CORP 782.60 388403 10/24/2019 STUART RUBBER STAMP & SIGN CO INC 165.82 388404 10/24/2019 CORE & MAIN LP 3,469.75 388405 10/24/2019 SECURE BY DESIGN INC 450.00 388406 10/24/2019 ENVIRONMENTAL SCIENCE ASSOCIATES 4,366.00 388407 10/24/2019 DJD EQUIPMENT HOLDINGS LLC 1,703.50 388408 10/24/2019 AAAA SERVICE LLC 11,206.47 388409 10/24/2019 TYKES & TEENS INC 5,718.68 3884.10 10/24/2019 DANE CONTRACTING INC 14,053.00 388411 10/24/2019 ACTION RENTALS VRB LLC 1,254.54 388412 10/24/2019 DIRECTV GROUP INC 56.31 388413 10/24/2019 VIKING LANDSCAPING LLC 7,500.00 388414 10/24/2019 TYCO FIRE & SECURITY MANAGEMENT INC 1,015.00 388415 10/24/2019 RAMONA MURPHY 23.00 388416 10/24/2019 E -BUILDER INC 39,466.74 388417 10/24/2019 AMAZON CAPITAL SERVICES INC 2,994.17 388418 10/24/2019 TREASURE COAST PLUMBING LLC 183.50 388419 10/24/2019 VERONIQUE ORY STURIALE 60.00 388420 10/24/2019 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 2,000.00 388421 10/24/2019 PETER A DENNIS 10.00 388422 10/24/2019 ISCO INDUSTRIES INC 8,309.00 388423 10/24/2019 PIRATE PEST CONTROL LLC 957.00 388424 10/24/2019 AMERIGAS PROPANE LP 3,508.92 388425 10/24/2019 WILLIE MOSLEY 72.00 388426 10/24/2019 METROPOLITAN COMMUNICATION SERVICES INC 127.50 388427 10/24/2019 METROPOLITAN COMMUNICATION SERVICES INC 155.00 388428 10/24/2019 JOHN J DRISCOLL 20.00 388429 10/24/2019 THE HOPE FOR FAMILIES CENTER INC 3,400.43 388430 10/24/2019 JORDAN POWER EQUIPMENT CORP 124.99 388431 10/24/2019 JORDAN POWER EQUIPMENT CORP 1,755.75 388432 10/24/2019 CIT BANK NA 186.21 388433 10/24/2019 JAMES ROMANEK 60.00 388434 10/24/2019 DEANGELO BROTHERS LLC 273.00 388435 10/24/2019 HOMEPROS INC 11,200.00 388436 10/24/2019 DERECK R PRINCE 430.00 388437 10/24/2019 MULLINAX FORD OF VERO BEACH 670.89 388438 10/24/2019 JUDITH A BURLEY 296.50 388439 10/24/2019 QUINTIN BERGMAN 35.00 388440 10/24/2019 SAFEWARE INC 105.00 388441 10/24/2019 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 2,945.84 388442 10/24/2019 JENNIFER D JAMES 60.00 388443 10/24/2019 DESK SPINCO INC 659.04 388444 10/24/2019 DESK SPINCO INC 220.50 388445 10/24/2019 PIERCE BENDER 60.00 388446 10/24/2019 XGD SYSTEMS LLC 39,764.80 388447 10/24/2019 MILTON MAYBERRY ENTERPRISES INC 1,683.00 388448 10/24/2019 MOLLY KLINEPETER 60.00 388449 10/24/2019 PGL TRUCKING INC 10,211.80 388450 10/24/2019 BIRDIES & BOWS LLC 694.92 388451 10/24/2019 STAPLES INC 730.97 388452 10/24/2019 LOWES COMPANIES INC 1,784.63 388453 10/24/2019 PEOPLEREADY INC 1,851.84 51 TRANS NBR DATE VENDOR AMOUNT 388454 10/24/2019 TAGMARSHAL INTERNATIONAL LIMITED 1,200.00 388455 10/24/2019 GOOD SPORTSMAN MARKETING LLC 2,632.69 388456 10/24/2019 ENGERGIZED ELECTRIC LLC 50.00 388457 10/24/2019 KEMP SIGNS & SERVICE INC 200.00 388458 10/24/2019 PREMIER RENTAL MANAGEMENT DIRECT LLC 300.00 38.8459 10/24/2019 OCEAN POINTE ENTERPRISE LLC 450.00 388460 10/24/2019 RECYCLING MARKETS LIMITED 445.00 388461 10/24/2019 NS FOALLC 200.00 388462 10/24/2019 LEIRA BUSTAMANTE 45.00 388463 10/24/2019 KEITHERRIA STINSON 149.38 388464 10/24/2019 SELECTITLE LLC 70.73 388465 10/24/2019 KIERA BLACK 150.00 388466 10/24/2019 AINSLEY SEELEY 75.00 388467 10/24/2019 BRIAN JEMISON 75.00 388468 10/24/2019 COLLIS ROOFING INC 543.57 388469 10/24/2019 UTIL REFUNDS 43.26 388470 10/24/2019 UTIL REFUNDS 90.53 388471 10/24/2019 UTIL REFUNDS 78.98 388472 10/24/2019 UTIL REFUNDS 84.21 388473 10/24/2019 UTIL REFUNDS 86.89 388474 10/24/2019 UTIL REFUNDS 40.15 388475 10/24/2019 UTIL, REFUNDS 340.72 388476 10/24/2019 UTIL REFUNDS 24.35 388477 10/24/2019 UTIL REFUNDS 172.02 388478 10/24/2019 UTIL REFUNDS 17.16 388479 10/24/2019 UTIL REFUNDS 94.46 388480 10/24/2019 UTIL REFUNDS 91.51 388481 10/24/2019 UTIL REFUNDS 79.07 388482 10/24/2019 UTIL REFUNDS 75.05 388483 10/24/2019 UTIL REFUNDS 81.18 388484 10/24/2019 UTIL REFUNDS 163.13 388485 10/24/2019 UTIL, REFUNDS 71.40 388486 10/24/2019 UTIL REFUNDS 73.67 388487 10/24/2019 UTIL REFUNDS 87.57 388488 10/24/2019 UTIL REFUNDS 40.69 388489 10/24/2019 UTIL REFUNDS 46.15 388490 10/24/2019 UTIL REFUNDS 41.24 388491 10/24/2019 UTIL REFUNDS 33.63 388492 10/24/2019 UTIL REFUNDS 69.34 388493 10/24/2019 UTIL REFUNDS 60.25 388494 10/24/2019 UTIL REFUNDS 33.07 388495 10/24/2019 UTIL REFUNDS 31.70 388496 10/24/2019 UTIL REFUNDS 43.34 388497 10/24/2019 UTIL REFUNDS 89.68 388498 10/24/2019 UTIL REFUNDS 40.10 388499 10/24/2019 UTIL REFUNDS 85.28 388500 10/24/2019 UTIL REFUNDS 8.34 388501 10/24/2019 UTIL REFUNDS 378.18 388502 10/24/2019 UTIL REFUNDS 37.56 388503 10/24/2019 UTIL REFUNDS 37.77 388504 10/24/2019 UTIL REFUNDS 72.47 388505 10/24/2019 UTIL REFUNDS 30.55 388506 10/24/2019 JASON E BROWN 85.00 388507 10/24/2019 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 388508 10/24/2019 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 388509 10/24/2019 PETER OBRYAN 142.63 388510 10/24/2019 ARJUNA WERAGODA 181.56 388511 10/24/2019 STACEY BUSH 49.86 Grand Total: 1,891,739.00 52 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1015731 10/18/2019 OFFICE DEPOT INC 913.98 1015732 10/18/2019 WASTE MANAGEMENT INC 5,349.37 1015733 10/18/2019 COMCAST 99.95 1015734 10/21/2019 AT&T 9,504.23 1015735 10/21/2019 OFFICE DEPOT INC 2,580.09 1015736 10/21/2019 WASTE MANAGEMENT INC 7,807.82 1015737 10/21/2019 COMCAST 69.95 1015738 10/21/2019 POLYDYNE INC 5,152.00 1015739 10/21/2019 AT&T 58.68 1015740 10/24/2019 ADRON FENCE COMPANY INC 3,667.00 1015741 10/24/2019 COLD AIR DISTRIBUTORS WAREHOUSE 139.14 1015742 10/24/2019 SUB AQUATICS INC 203.65 1015743 10/24/2019 INDIAN RIVER OXYGEN INC 158.75 1015744 10/24/2019 DAVES SPORTING GOODS & TROPHIES 87.00 1015745 10/24/2019 GALLS LLC 173.02 1015746 10/24/2019 ABCO GARAGE DOOR CO INC 222.50 1015747 10/24/2019 ALLIED UNIVERSAL CORP 5,275.82 1015748 10/24/2019 IRRIGATION CONSULTANTS UNLIMITED INC 142.89 1015749 10/24/2019 COMPLETE RESTAURANT EQUIPMENT LLC 262.50 1015750 10/24/2019 FIRST HOSPITAL LABORATORIES INC 96.75 1015751 10/24/2019 COMO OIL COMPANY OF FLORIDA 134.41 1015752 10/24/2019 ITERIS INC 4,050.00 1015753 10/24/2019 HARCROS CHEMICALS, INC. 2,486.62 1015754 10/24/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 484.45 1015755 10/24/2019 HYDRA SERVICE (S) INC 4,893.00 1015756 10/24/2019 EASY PICKER GOLF PRODUCTS INC 5,164.90 1015757 10/24/2019 GUARDIAN ALARM OF FLORIDA LLC 1,324.00 1015758 10/24/2019 EFE INC 153.00 Grand Total: 60,655.47 53 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7164 10/18/2019 CHARD SNYDER & ASSOCIATES INC 312.00 7165 10/18/2019 HUMANE SOCIETY 30,740.00 7166 10/18/2019 CDM SMITH INC 21,063.20 7167 10/18/2019 KIMLEY HORN & ASSOC INC 87,496.39 7168 10/18/2019 KIMLEY HORN & ASSOC INC 24,631.50 7169 10/18/2019 SCHOOL DISTRICT OF I R COUNTY 160,648.00 7170 10/18/2019 CDM SMITH INC 71,816.70 7171 10/18/2019 IRC FIRE FIGHTERS ASSOC 9,588.68 . 7172 10/18/2019 TEAMSTERS LOCAL UNION #769 5,142.00 7173 10/18/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 52,085.26 7174 10/18/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 5,386.62 7175 10/18/2019 RX BENEFITS INC 241,076.52 7176 10/18/2019 1 R C HEALTH INSURANCE - TRUST 729,187.30 7177 10/21/2019 FL SDU 5,865.51 7178 10/21/2019 ST LUCIE BATTERY & TIRE CO 1,030.00 7179 10/21/2019 TOTAL ADMINISTRATIVE SERVICES CORP 12,181.88 7180 10/21/2019 AMERICAN FAMILY LIFE ASSURANCE CO 21,031.00 7181 10/21/2019 HIGHMARK STOPLOSS 30,158.70 7182 10/21/2019 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 38,161.50 7183 10/21/2019 IRS -PAYROLL TAXES 2,801.99 7184 10/21/2019 IRS -PAYROLL TAXES 414,411.16 7185 10/21/2019 WRIGHT EXPRESS FSC 19,901.13 7186 10/22/2019 VEROTOWN LLC 493,768.48 7187 10/22/2019 WEST HEALTH ADVOCATE SOLUTIONS INC 1,478.40 7188 10/22/2019 WEST HEALTH ADVOCATE SOLUTIONS INC 1,961.90 7189 10/22/2019 CHARD SNYDER & ASSOCIATES INC 323.60 7190 10/22/2019 ATLANTIC COASTAL LAND TITLE CO LLC 1,567,770.50 7191 10/24/2019 CLERK OF CIRCUIT COURT 12,303.00 7192 10/24/2019 MUTUAL OF OMAHA 18,163.31 7193 10/24/2019 ALLSTATE 175.92 7194 10/24/2019 SENIOR RESOURCE ASSOCIATION 178,920.09 Grand Total: 4,259,582.24 54 "12bN INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland M. DeBlois, AICP; Interim Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: October 21, 2019 SUBJECT: DiVosta Homes, LP's Request for Final Plat Approval for The Lakes at Waterway Village POD U [PD -16-12-07 / 2004010124-83766] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 5, 2019. DESCRIPTION & CONDITIONS: The Lakes at Waterway Village POD U is a phase within the Waterway Village Planned Development (PD) project and consists of 78 lots on 14.67 acres. It is immediately west of the newly completed north portion of 43rd Ave. The property is zoned PD (Planned Development), has an L-2 (Low Density 2 up to 6 units per acre) land use designation, and will have a density of 5.32 units per acre. On January 26, 2017, the Planning & Zoning Commission granted preliminary PD plan/plat approval for The Lakes at Waterway Village POD U. The applicant is now seeking final plat approval for POD U, having obtained a land development permit and commenced construction of the project. At this time, the applicant has built 75.15% of the required improvements that serve POD U, is proposing to "bond -out" for the remaining 24.85% of the required improvements, and has submitted the following: 1. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; 3. A Contract for Construction of remaining required improvements; and 4. A letter of credit in the amount of $423,603.61. The Board is now to consider granting final plat approval for The Lakes at Waterway Village POD U. 55 ANALYSIS: Some, but not all, of the required improvements for The Lakes at Waterway Village POD U have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond -out" for the remaining 24.85% of required improvements (utilities, roadways, landscape, sidewalks). Public Works, Planning, and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The security arrangement, which represents 125% of the estimated cost to construct the remaining required improvements, has been reviewed and approved by county staff. All improvements within The Lakes at Waterway Village POD U will be . private, with the exception of certain utility facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required through the final plat and certificate of completion process. In addition, a warranty and maintenance agreement will be required for the roads and stormwater improvements prior to issuance of a certificate of completion. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for The Lakes at Waterway Village POD U. ATTACHMENTS: 1. Location Map, 2. Final Plat Layout 56 U KB 6 IN & 1 H, a 1 H R gg s s� obtl°f£g�go �a$$$a$$'8��as<w€5$ LU I S O w i • e Q W «S�o�Sm�g>BKKL'¢a4k"Opi�d4 33 i tr m ea r @ �< i I� N a Ll I MI w A •fpR �gY �J U Z 10 mw �U 8� o$� sQ z�ma �zNo O 30' �}v a m o3gw�s I 3 6['id Y iC 'd4 Z! 7E 9 21115U W. A, ® e I q yy 4SlE I� N a Ll I MI w A •fpR �gY �J U Z 10 mw �U 8� o$� sQ z�ma �zNo O 30' �}v N I -- Z W 2 U H IIII � Q I'o. VIII I � w a / J � / 3 $ / 7 N / Y (7 NO s / iZyim� pZ eo 0 a2 TF F— Z cW G 'III U �1IjQ. ;III Q O O m Kt o / m ti oA \ "x. `` 00 O Z Z §3 �lij �hd •3 'i $� "h y w-. uj <,J �Q �a.lclln W a ¢ a a .mtCl a,alt.,lczn $xxdP/ 1 1 � F d� n / F-Q �aWQU<N I:I f � yy F�I 1 1 ,1P611 °ntl 3.L°pLln �aea� I 111 / /. ��N O NwU'QFn h�1 N gg LU A� W QW J ❑° / ? t 5S U n 5 0 w w 5 ° Na w w a�Zr r'ity 'N - wQW°'R�i 3 z e i z¢xm mp w 'eZ«o / Z-=a' / / J y N Il 1-- Z W D � U Q IIII � I�IjQ. Q III Y O O m H $ g � �R U 7 m a w Z a >�w a ¢viw ai KO< 00 YQ Wp2�� O¢ m 0 3 p K~ a >LL �aWUN a F w U' d 3z xgg 0 s OK m w� 'lll I'o.. . III I 415 \ a5 \ \4� a Po \\ �✓Py 0 Al o a / by /� / U, m UW N I\\ 1-W�UU' ]C , N�nra% Owoy1w<NUppw S> Z> / (� Ow Ol�mw¢ A /' - og� Na ,� \X� d / U Z In W wa nUB� pO�a NQ�g�n sQ xmm< :Z�� o m= t CONSENT AGENDA BCC Meeting 11-05-2019 INDIAN RIVER COUNTY, FLORIDA E AGENDA ITEM Assistant County Administrator/ Department of General Services Parks and Conservation Resources Division Date: October 24, 2019 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Director, Office of Management and Budget From: Kevin M. Kirwin, Director, Parks and Conservation Resources Subject: Work Order Number 26, — Continuing Engineering Services RFP 2018008 — Hosie Schumann Park Restroom Connections and Utility Service Plans BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley- Horn and Associates, Inc., this award replaced the Continuing Contract Agreement for Professional Services, dated November 4, 2014. Work Order Number 26, under the current Continuing Consulting Engineering Services Agreements for RFQ 2018008 would provide for site planning, construction documents, permitting and an engineer's construction estimate for the construction of sanitary sewer line, water and electric connections for a new restroom at Hosie Schumann Park. Included in this scope of services are the plans and permitting for the pad to receive the new restroom. FUNDING: Funding for Work Order Number 26 is budgeted in Optional Sales Tax/ Improvements to Hosie - Schumann Park, Account Number 31521072-066390-18011. RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 26, Hosie Schumann Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Work Order Number 26. ATTACHMENT: Work Order Number 26, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFP 2018008 - Hosie Schumann Park Restroom Connections and Utility Service Plans DISTRIBUTION Kimley-Horn and Associates, Inc. APPROVED AGENDA ITEM FOR NOVEMBER 5.2019 63 Description Account Number Amount Work Order Hosie Schumann Park Restroom Connections 926 and Utility Service Plans 31521072-066390-18011 $8,600 RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 26, Hosie Schumann Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Work Order Number 26. ATTACHMENT: Work Order Number 26, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFP 2018008 - Hosie Schumann Park Restroom Connections and Utility Service Plans DISTRIBUTION Kimley-Horn and Associates, Inc. APPROVED AGENDA ITEM FOR NOVEMBER 5.2019 63 CCNA2018 WORK ORDER NUMBER 26 HOSIE SCHUMANN PARK RENOVATIONS, RESTROOM CONNECTIONS AND UTILITY SERVICE PLANS This. Work Order Number 26 is entered. into as of this _ day of 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Kimley-Horn" or "Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A — SCOPE OF WORK Task 1— Preparation of Plans The COUNTY desires to install restroom facilities at Hosie Schumann Park along with the supporting water and sewer utilities servicing the building. As part of this scope Kimley-Horn will design a gravity sanitary sewer connection and a water tie in to a prefabricated restroom facility as well as grading the immediate area. Kimley Horn will prepare a dimensional site plan that conforms to local agency having jurisdiction permitting requirements which will depict the location of the proposed restrooms, sidewalks and landings and existing surrounding features. This plan will include site data showing increase of impervious area on the site with the proposed improvements. Kimley Horn will prepare a limited Paving and Grading plan showing the proposed finished floor elevation of the proposed restroom facilities and surrounding grades of proposed sidewalks. The plan will identify paved areas for proposed sidewalk and associated details. Kimley Horn will prepare a limited Utility plan showing the existing utilities provided by COUNTY GIS data and asbuilts on 39th Street. The limited Utility plan will also consist of the 1IPage M proposed connection of sanitary and water service to the proposed restroom facilities. Kimley Horn will coordinate with the manufacturer of the COUNTY selected restroom facility to identify the inverts of the water and sanitary inverts leaving the proposed restroom facility. In summary, the following plans will be prepared by the Consultant: • Site Plan • Utility Plan • Paving and Grading Plan • Detail Sheets Kimley-Horn will prepare quantity take offs to incorporate into an engineering opinion of probable cost as part of this task. The unit costs estimates will be based on pricing information provided by contractors for previous projects completed. The opinion of probable cost will also be based on assumptions that will be outlined in the document. Kimley-Horn anticipates that electric service to the proposed restroom facility can be run off of the adjacent pole near the entrance to the park on 3911 Street. Kimley-Horn will conceptual show a single PVC conduit to house a single phase 200 amp service from the existing pole to the restroom facility on the utility plan and will provide this plan to the utility company for their final design of the power service. Task 2 —Topographic Survey As part of this scope Kimley-Horn will prepare a specific purpose survey of the proposed area of buildings and utilities (location of limited area provided by the COUNTY). This specific purpose survey shall consist of above ground existing improvements, perimeter boundary lines, existing tree locations. The ground elevations will be obtained on a 10' grid throughout the limited area. Any above ground visible improvements within the limited area will be located. All elevations will be referenced to the North American Vertical Datum of 1988 (NAVD 88). Kimley-Horn will survey the existing sanitary sewer information for both locations, as well as call 811 to mark existing utilities to incorporate locations into the proposed Topographic Survey. The topographic survey will be performed in accordance with the Standards of Practice set forth in Chapter 5J-17 of the Florida Administrative Code. Kimley-Horn will provide a digital base map of the surveyed property defined above as a base for Site Construction Plan preparation. 65 Task 3 - Permitting As part of this scope Kimley Horn will prepare applications and supporting documentation for the necessary permits to construct the restroom facility and utility services. Kimley Horn will submit to the Indian River County Planning Department for administrative approval for the addition of the proposed restroom facility. Kimley Horn will submit for a utility construction permit for potable water and sanitary sewer. This application will consist the equivalent residential use determination, projected water and sewer flows and associated plans. Kimley Horn will prepare the supporting documentation for a St Johns River Water Management District environmental resource permit exemption. Kimley Horn will then submit and coordinate with the District for an exemption determination from the St John River Water Management District for the proposed improvements. Kimley Horn will prepare the supporting documentation to submit for an Indian River County Type A stormwater permit exemption. Due to the limited nature of the work, Kimley Horn does not anticipate more then one round of comments from each of the agencies having jurisdiction above. Kimley-Horn will respond to up to one round of comments from the permitting jurisdictions above as part of this task. In summary the following permits are anticipated: Indian River County Administrative Site Plan Approval Indian River County Utility Construction Permit for Potable Water,and Sanitary Sewer St Johns River Water Management District Environmental Resource Permit Exemption Indian County Type A Stormwater Permit exemption EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Preparation of Plans $ 3,600 Limited Topographic Survey $ 3,000 Permitting $ 2,000 TOTAL $8,600 67 EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately thirty (30) days from the Notice to Proceed (NTP). NTP Plans Preparation contingent upon BOCC approval 30 days following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) •: The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: By: Brian Good, P.E. Bob Solari, Chairman Title: Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 'F7,fj CONSENT DA BCC Meeting 11-05-2019 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Conservation Resources Division Date: October 24, 2019 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Director, Office of Management and Budget From: Kevin M. Kirwin, Director, Parks and Conservation Resources Subject: Work Order Number 25, — Continuing Engineering Services RFP 2018008 - Hobart Park Restroom Connections and Utility Service Plans BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley- Horn and Associates, Inc., this award replaced the Continuing Contract Agreement for Professional Services, dated November 4, 2014. Work Order Number 25, under the current Continuing Consulting Engineering Services Agreements for RFQ 2018008 would provide for site planning, construction documents, permitting and an engineer's construction estimate for the construction of sanitary sewer line connections to one existing restroom and one new restroom being replaced and relocated, a water connection to the new restroom and electrical service to the new restroom. Included in this scope of services are the plans and permitting for the pad to receive the new restroom. FUNDING: Funding for Work Order Number 25 is budgeted in Park Impact Fees/Hobart Park New Restroom/Connection to Sewer/Park Facility Expansion, Account Number 10321072-066390- 18013. RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 25, Hobart Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Work Order Number 25. ATTACHMENT: Work Order Number 25, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFP 2018008 - Hobart Park Restroom Connections and Utility Service Plans DISTRIBUTION Kimley-Horn and Associates, Inc. APPROVED AGENDA ITEM FOR NOVEMBER 5.2019 70 Description Account Number Amount Hobart Park New Restroom/Connection to Work Order #25 Sewer/Park Facility Expansion 10321072-066390-18013 $12,500 RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 25, Hobart Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Work Order Number 25. ATTACHMENT: Work Order Number 25, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFP 2018008 - Hobart Park Restroom Connections and Utility Service Plans DISTRIBUTION Kimley-Horn and Associates, Inc. APPROVED AGENDA ITEM FOR NOVEMBER 5.2019 70 CCNA2018 WORK ORDER NUMBER 25 HOBART PARK RENOVATIONS, RESTROOM CONNECTIONS AND UTILITY SERVICE PLANS This Work Order Number 25 is entered into as of this _ day of 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will .perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A - SCOPE OF WORK Task 1— Preparation of Plans The COUNTY desires to install restroom facilities at the southern portion of Hobart Park along with the supporting water and sewer utilities servicing the building. As part of this scope Kimley Horn will design a gravity sanitary sewer connection and a water tie in to a prefabricated restroom facility as well as grading in the immediate area. Kimley-Horn will prepare a dimensional site plan that conforms to local agency having jurisdiction permitting requirements which will depict the location of the proposed restrooms, sidewalks and landings and existing surrounding features. This plan will include site data showing increase of impervious area on the site with the proposed improvements. Kimley-Horn will prepare a limited Paving and Grading plan showing the proposed finished floor elevation of the proposed restroom facilities and surrounding grades of proposed sidewalks. The plan will identify paved areas for proposed sidewalk and associated details. Kimley-Horn will prepare a limited Utility plan showing the existing utilities provided by COUNTY GIS data and asbuilts on 77th Street. The limited Utility plan will also consist of the proposed connection of sanitary and water service to the proposed restroom facilities. Kimley 1IPage 71 Horn will coordinate with the manufacturer of the COUNTY selected restroom facility to identify the inverts of the water and sanitary inverts leaving the proposed restroom facility. In summary, the following plans will be prepared by the Consultant: • Site Plan • Utility Plan • Paving and Grading Plan • Detail Sheets Kimley-Horn will revise the plans to address up to one (1) round of comments from each of the permitting agencies under Task 3. Kimley-Horn will prepare quantity take offs .to incorporate into an engineering opinion of probable cost as part of this task. The unit costs estimates will be based on pricing information provided by contractors for previous projects completed. The opinion of probable cost will also be based on assumptions that will be outlined in the document. Kimley-Horn anticipates that electric service to the proposed restroom facility can be run off of the existing service line to the existing restroom facility on the west side of the park. Kimley- Horn will conceptual show a single PVC conduit to house a single phase 200 amp service from the existing restroom facility to the proposed restroom facility on the utility plan. This will not be in the area of the limited topographic survey, and will be shown on the utility plan for reference to the contractor. Task 2 —Topographic Survey As part of this scope Kimley-Horn will prepare a specific purpose survey of the proposed area of buildings and utilities (location of limited area provided by the COUNTY). The utilities will be to service both the new proposed restroom facilities and the existing restroom facilities on the east side of the park. This specific purpose survey shall consist of above ground existing improvements, perimeter boundary lines, existing tree locations. The ground elevations will be obtained on a 10' grid throughout the limited area. Any above ground visible improvements within the limited area will be located. All elevations will be referenced to the North American Vertical Datum of 1988 (NAVD 88). Kimley-Horn will survey the existing sanitary sewer information for both locations, as well as call 811 to mark existing utilities to incorporate locations into the proposed Topographic Survey. The topographic survey will be performed in accordance with the Standards of Practice set forth in Chapter 51-17 of the Florida Administrative Code. Kimley-Horn will provide a digital base map of the surveyed property defined above as a base for Site Construction Plan preparation. 72 Task 3 - Permitting As part of this scope Kimley Horn will prepare applications and supporting documentation for the necessary permits to construct the new restroom facility and utility services to both the eastern existing restroom facility and the new restroom facilitiy. Kimley-Horn will submit to the Indian River County Planning Department for administrative approval for the addition of the proposed restroom facility. Kimley-Horn will submit for a utility construction permit for potable water and sanitary sewer. This application will consist the equivalent residential use determination, projected water and sewer flows and associated plans. Kimley-Horn will prepare the supporting documentation for a St Johns River Water Management District environmental resource permit exemption. Kimley-Horn will then submit and coordinate with the District for an exemption determination from the St John River Water Management District for the proposed improvements. Kimley-Horn will prepare the supporting documentation to submit for an Indian River County Type A stormwater permit exemption. Kimley-Horn will attend a pre -application meeting with the Indian River Farms Water Control District on the proposed utility crossings on their canal. Kimley-Horn will prepare an application for utility construction permit through the District for approval of a water and sewer crossing. It is assumed at this time that the sanitary can tie into the proposed sanitary near the new restroom and will not require a separate dedicated service to service the existing restroom facility on the east. Due to the limited nature of the work, Kimley Horn does not anticipate more then one round of comments from each of the agencies having jurisdiction above. Kimley-Horn will respond to up to one round of comments from the permitting jurisdictions above as part of this task. In summary the following permits are anticipated: Indian River County Administrative Site Plan Approval Indian River County Utility Construction Permit for Potable Water and Sanitary Sewer St Johns River Water Management District Environmental Resource Permit Exemption Indian County Type A Stormwater Permit exemption Indian River Farms Water Control District permit for utility crossing EXHIBIT B — FEE SCHEDULE 73 The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Preparation of Plans Limited Topographic Survey Permitting $ 5,000 $ 4,000 $ 3,500 TOTAL $ 12,500 74 EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately thirty (30) days from the Notice to Proceed (NTP). NTP Plans Preparation contingent upon BOCC approval 30 days following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 75 The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: By: Brian Good, P.E. Bob Solari, Chairman Title: Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 76 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Conservation Resources CONSENT AGENDA BCC Meeting 11/0512019 s. Date: October 9, 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: Award of RFP 2019037, Summerlin's Marine Construction — Oslo Riverfront Conservation Area Overlook BACKGROUND On May 14, 2019, the Board of County Commissioners approved the Committee's Final Ranking for RFP 2019037 for the replacement of the Oslo Riverfront Conservation Area Overlook. Staff has negotiated the lowest and best price with the top ranked proposer, Summerlin's Marine Construction, for the cost of $111,702 which includes removal and disposal of the existing structure. FUNDING The Oslo Riverfront Conservation Area Boardwalk Replacement was included and approved in the Capital Improvement Element (CIE) of the December 2018 Comprehensive Plan. The project will be "rolled over" in to the CIE presented to the Board in December 2019. Sufficient funds will be programmed in the Oslo Riverfront Conservation Area Boardwalk Replacement (Account number 31521072-066510-18002), Optional Sales Tax/Parks/Oslo Conservation Improvements. RECOMMENDATION Staff recommends 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. ATTACHMENT Sample Agreement RFP 2019037 APPROVED AGENDA ITEM FOR NOVEMBER 5, 2019 77 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Oslo Riverfront Conservation Area Wetland Overlook Reconstruction 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: Oslo Riverfront Conservation Area Wetland Overlook Reconstruction RFP Number: 2019037 Project Address: 150 9th St. SE, Vero Beach, FL 32962 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date when the Contract Times commence to run. 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 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Price Proposal, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ Written Amount: ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Request for Proposals or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed. or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposal documents. 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. 79 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: (1) This Agreement (pages Ito_, inclusive); (2) Notice to Proceed (3) Public Construction Bond (pages _ to _, inclusive); (4) Certificate of Liability Insurance (5) Request for Proposals 2019018 (6) Addenda (numbers —to—, inclusive); (7) CONTRACTOR'S submitted proposal (8) Submitted Price Proposal (9) Submitted Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (10) Submitted Certification Regarding Prohibition Against Contracting with Scrutinized Companies (11) Submitted Certification Regarding Lobbying (12) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9:01 Terms A. Terms used in this Agreement will have the meanings indicated in the Request for Proposals. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns 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 31 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. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1190 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 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. E, 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; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant.to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. :11 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is. approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email Address for giving notices: License No. (Where applicable) Agent for service of process Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Consent Agenda BCC Meeting 11-05-2019 INDIAN FLORIDA AGENDAITEM Assistant County Administrator / Department of General Services Library Services Division Date: October 22, 2019 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Tracey L. Wehking, Director, Library Services Subject: Indian River County Library System Annual Plan of Service FY 2019/2020 DESCRIPTIONS AND CONDITIONS: In order to comply with the State Division of Library Information Services State Aid Grant Application, the Indian River County Library System must have a Commission Approved Annual Plan of Service on file. The State Aid to Libraries Grant awarded to Indian River County Libraries was $86,869 for Fiscal Year 2018-19. The Annual Plan of Service is an outline of the Indian River County Library System's focus of activities during . the year. The plan supports the goals, objectives, and action plan from the Library System's Long -Range Plan, and are supported by the Library System's budget. FUNDING: No funding is required. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners accept the Annual Plan of Service for Fiscal Year 2019/2020. ATTACHMENTS: Annual Plan of Service FY 2019/2020 AGENDA ITEM FOR NOVEMBER 5, 2019 Indian River County Library System Annual Plan of Service FY 2019/2020 The Annual Plan of Service is an outline of the Indian River County Library System's focus of activities during the year. The plan supports the goals, objectives, and action plan from the Library System's Long -Range Plan, and are supported by the Library System's budget as described. The major emphasis during Fiscal Year 2020 (October 1, 2019 to September 30, 2020) will be: • Begin offering Creativebug database and Weiss Financial Ratings database. • Finish interior painting projects at Main and North County Libraries. • Expand service area to the Intergenerational Center through the use of a state -of -the —art vending library. • Upgrade signage and information centers throughout the libraries. • Continue Archive Center digitization projects to preserve local and Florida history. • Expand outreach to children and seniors. • Continue to offer innovative programming that brings in historically difficult to reach age groups. • Continue to provide public computer and internet instruction. • Increase programming and services to children using improved staffing levels. • Explore options for expanding North County library facility in order to accommodate population growth and demand for meeting space: • Partner with local organizations to provide free legal clinics to the public. • Market and promote the new Legal Study Center. • Provide materials and information services that are responsive to the diverse needs of the public and legal community and ensure accessibility for all. Mh CONSENT DA BCC Meeting 11-05-2019 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Olzt� Department of General Services "~ Parks and Conservation Resources Division Date: October 24, 2019 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Director, Office of Management and Budget From: Kevin Kirwin, Director, Parks and Conservation Resources Subject: Work Order Number 27, — Continuing Engineering Services RFP 2018008 — Dick Bird Park Pickleball Courts. BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley-Horn and Associates, Inc., this award replaced the Continuing Contract Agreement for Professional Services, dated November 4, 2014. Work Order Number 27, under the current Continuing Consulting Engineering Services Agreements for RFQ 2018008 would provide for project program and analysis, site planning, construction documents, permitting and an engineer's construction estimate for a pickleball court facility at Richard N. 'Dick" Bird Park. On May 14, 2019, staff presented a report to the Board of County Commissioners on Pickleball in Indian River County (attached). During this item the Board passed a motion to reallocate $50,000 from FY 21-22 to FY 19- 20 in the Capital Improvement Element (CIE). FUNDING: Although not currently budgeted, funds will be made available in Park Impact Fees/Parks/South County Dick Bird Park Pickle Ball Courts, Account # 10321072-066510-20002 upon adoption of the CIE in December 2019. RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 27, South County Dick Bird Park Pickle Ball Courts Continuing Consulting Engineering Services Agreements for RFQ 2018008 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A in the amount of $50,000, and request the Board authorize the Chairman to execute Work Order Number 27. ATTACHMENT: Work Order Number 27, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFP 2018008 - South County Dick Bird Park Pickle Ball Courts BCC Agenda Item 19-0415 - Staff Report and Update to the Indian River County Board of County Commissioners — Pickleball it! Indian River County, Florida Comprehensive Plan/CIE Pages A-7 & A-8 DISTRIBUTION: Bill Schutt, AICP, Senior Economic Development Planner, Long Range Planning APPROVED ITEM FOR NOVEMBER 5, 2019 CCNA 2018 WORK ORDER NUMBER 27 SOUTH COUNTY DICK BIRD PARK, PICKLEBALL COURTS This Work Order Number 27 is entered into as of this _ day of 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 1711 day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Kimley-Horn" or "Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. PROJECT UNDERSTANDING The COUNTY desires to construct pickleball facilities at Dick Bird Park (South County Park) in Indian River County. The COUNTY understands that there are existing pickleball facilities throughout the county and that additional facilities are being designed and constructed. The COUNTY desires to determine existing and future demands for pickleball throughout the county by analyzing: • Existing public courts in Indian River County • The current and potential number of pickleball players in Indian River County in relation to the existing number of courts • The available space per site at Dick Bird Park • The COUNTY current funding level for planned pickleball courts Kimley-Horn understands that the COUNTY needs the following: • Design construction documents • Engineer estimate • Permits 1IPage 0 EXHIBIT A— SCOPE OF WORK Task 1— Information gathering and Conceptual site planning Kimley-Horn will solicit the assistance of a subconsultant that will develop a conceptual plan for pickleball facilities in Indian River County. It will also show municipally planned and funded future pickleball facilities in the County. This will be accompanied by, a report from the subconsultant that summarizes the existing and future demands for pickleball throughout the county. The report will summarize the following items as it relates to the demand for pickleball in Indian River County: 1. Identify constraints and parameters consisting of: o Business model overview -definitions of success and business model insights o Market Overview — demographics and socioeconomics, participation rates, and competition o Facility Overview —facility program (sizes and spaces) and cost of construction o Performance Expectations — high-level financial performance ranges based on market factors and national industry benchmarks. 2. Make recommendations for the number of pickleball courts to be provided as part of Dick Bird Park. 3. Make recommendations for operation and maintenance such as: o Management structure o Maintenance policies o Programs and services o Fees and charges As part of this task, Kimley-Horn will prepare a conceptual plan for Dick Bird Park that incorporates the number of courts that are recommended in the report from the subconsultant noted above and considers the funding levels identified in the Comprehensive Improvement Element of the COUNTY. The conceptual plan will be overlaid on an aerial of the existing facility. Kimley-Horn will revise this conceptual plan up to two times based on comments from the COUNTY and constituents from the public meetings. Task 2 —Attendance at required public meetings This task consists of the attendance of the Kimley-Horn project manager at up to four (4) public meetings and a representative from the subconsultant preparing the report in Task 1 at one (1) r•E public meeting. These public meetings will be done in conjunction with the information gathering task and feedback from residents will be incorporated in the conceptual planning. Kimley-Horn and subconsultant will present the findings of the report as well as the Indian River County pickleball conceptual master plan and the Dick Bird Park conceptual pickleball plan at the public meetings. Task 3 — Preparation of Construction Plans for pickleball courts This task consists of the preparation of construction plans for pickleball courts at a specific location at Richard Bird Park to be determined by the COUNTY. It is our understanding that the proposed courts will utilize the existing parking at Dick Bird Park, and that no parking improvements will be needed. The plans preparation task assumes the facility will be approximately 2-3 acres in size and will be provided in an existing green area. The plans will consist of the following, and will be prepared utilizing the topographic survey referenced below: Cover Sheet Kimley-Horn will prepare a Cover Sheet which includes project contact information, sheet list table, vicinity map and other general project related information. General Notes Kimley-Horn will prepare a General Notes sheet which will consist of general Erosion and Sedimentation Control, Site, Grading, and Demolition notes. Erosion Control and Demolition Plan Kimley-Horn will prepare an Erosion Control and Demolition Plan that is consistent with the Florida state requirements for erosion control. This plan will include limits of disturbance, limited demolition of items in the work area, and erosion and sedimentation control measures to be implemented by the contractor during construction. Kimley-Horn anticipates that this project will be more then 1 acre of disturbed area and will need to have an NOI filed by the Contractor. Site Plan Kimley-Horn will prepare a dimensional site plan that confirms to local agency having jurisdiction permitting requirements which will depict the location of the proposed pickleball courts (with striping detail from the court manufacturer), locations of sidewalks to interconnect the courts, benches and site furniture, and fencing. Paving and Grading Plan Kimley-Horn will prepare a limited Paving and Grading Plan showing the proposed court elevations and surrounding grades of proposed interconnected sidewalks. The plan will identify 91 paved areas for proposed sidewalk, reference the paving and manufacturers details for the courts and include associated paving details for sidewalks and accessible ramps. It is assumed that the site can sheet flow and therefore no underground stormwater or yard drains are proposed. Landscape and Irrigation Plan Kimley-Horn will prepare a limited landscape plan that shows the proposed court locations in relation to proposed trees and shrubs as required by code, and existing landscaping. Kimley- Horn will prepare a limited irrigation plan showing tie in to the existing irrigation at Dick Bird Park and the proposed irrigation to service the proposed landscaping. It is assumed that there is irrigation in the proximity of the proposed courts (within 75') and that a significant run is not required from the irrigation mainline. This scope does not include restroom facilities. The scope for utilities consists of the routing of a %" service line from existing water at Dick Bird Park to a water fountain proposed near the courts. It is assumed, that all pickleball players would use the existing bathroom facilities at Dick Bird Park, and that no sewer improvements are expected. No tree surveys or tree removal permitting is anticipated or included. In summary, the following plans will be prepared by the Consultant: • Cover Sheet • General Notes • Erosion and Demolition Plan • Site Plan including Limited Water Service to Fountain • Paving and Grading Plan • Landscape and Irrigation Plan • Detail Sheets Kimley-Horn will prepare one opinion of probable cost based on the prepared plans to provide to the COUNTY for their project estimating. Task 4 — Limited Topographic Survey As part of this scope Kimley-Horn will prepare a specific purpose survey of the proposed area of pickleball facilities (location of limited area provided by the COUNTY). This specific purpose survey shall consist of above ground existing improvements, existing tree locations and topographic ground elevations obtained on a 10' grid throughout the limited area. Any above ground visible improvements within the limited area will be located. Elevations will be referenced to the North American Vertical Datum of 1988 (NAVD 88). No underground utilities will be located. Kimley-Horn will utilize the County records for existing water and sewer in the area. 92 The topographic survey will be performed in accordance with the Standards of Practice set forth in Chapter 5J-17 of the Florida Administrative Code. Kimley-Horn will provide a digital base map of the surveyed property defined above as a base for site construction plan preparation. Task 5 — Permitting Assistance As part of this scope Kimley-Horn will prepare applications and supporting documentation for the following permit applications to construct the pickleball courts: Indian River County Administrative Site Plan Approval St. Johns River Water Management District Environmental Resource Permit Indian County Type A Stormwater Permit Exemption FDEP Exemption for water service to new Water Fountain Kimley-Horn will submit to the Indian River County Planning Department for administrative approval for the addition of the proposed pickleball courts. Kimley-Horn will prepare the supporting documentation for a St. Johns River Water Management District Environmental Resource Permit. Supporting documentation will include the increase of impervious surface, and calculations for accommodating the increase of runoff from the increased impervious area. The calculations will be prepared in a letter format. Kimley-Horn will prepare the supporting documentation to submit for an Indian River County Type A stormwater permit exemption. Due to the nature of the work, Kimley Horn anticipates up to two rounds of comments from each of the agencies having jurisdiction above and will respond to up to two rounds of comments from the permitting jurisdictions above as part of this task. Task 6 — Construction Closeout As part of this scope Kimley-Horn will review the as-builts provided by the COUNTY's selected contractor and provide one round of comments. Once the as-builts are deemed to be in substantial compliance with the approved plans for each of the approvals noted above, Kimley- Horn will prepare final engineering certifications to the agencies listed above. No other construction phase services are included such as responses to requests for information (RFIs), review of shop drawings, site visits. EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant 93 to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Information gathering and conceptual site planning $ 18,000 Attendance at required public meetings $ 3,500 Preparation of construction plans for pickleball courts $ 17,500 Limited Topographic Survey $ 3,000 Permitting Assistance $-6,000 Construction Closeout $ 2,000 TOTAL $50,000 EXHIBIT C—TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately thirty (30) days from the Notice to Proceed (NTP). NTP Plans Preparation contingent upon BOCC approval 30 days following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: By: Brian Good, P.E. Bob Solari, Chairman Title: Senior Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services DEPARTMENTAL MATTERS BCC Meeting 05-14-2019 Date: May 06, 2019 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Kevin Kirwin, Director Parks & Conservation Resources Subject: Staff Report and Update to the Indian River County Board of County Commissioners - Pickleball in Indian River County, Florida BACKGROUND: At the March 26, 2019 Board of County Commissioners Meeting, Ms. Mari Colacino, President of Pickleball University, Inc. a 501(c) (7) operating at the City of Vero Beach's, Pocahontas Park made a presentation as a public discussion item on the state of pickleball in Indian River County and the growing demand for public pickleball courts. During her presentation, Ms. Colacino acting on behalf of the board and membership of Pickleball University, requested that the funding for a pickleball complex be made available sooner than currently planned for in the FY2021/22 Capital Improvement Element. The discussion followed a previous presentation to the Board of County Commissioners on June 19, 2018 from Mr. Ken Roberts regarding the high demand and lack of availability of pickleball courts in Indian River County. During the discussion at the March 26 Commission Meeting, the Board requested that staff come back to the Board in four to six weeks with their findings and recommendations. ANALYSIS: As presented and discussed during the two presentations at Commission meetings, pickleball is a paddle sport that is played on a court with an area that is 20' x 44'. Pickleball can be played indoors or out of doors, singles and doubles. The number of recreational and competitive players has, increased steadily over the last several years with a 12% growth reported by the Sports and Fitness Industry Association (SFIA) from 2017 to 2018 in their most recent report. Currently the Indian River County Recreation Division, is offering public indoor pickleball three days a week on six indoor courts in the gymnasium at the Intergenerational Recreation Center. Pickleball University has made an offer to the County to convert one of the two existing outdoor tennis courts at Dick Bird Park to four pickleball courts. The City Of Vero Beach has twelve public. pickleball courts converted from the tennis courts at the Pocahontas Park. Six of these courts are in poor condition and Pickleball University received permission from the City of Vero Beach Council during their April 2, 2019 meeting to raise up to $180,000 to make pickleball court improvements at Pocahontas Park. \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\IRCG\Attachments\bd947585-c512-45ec-8543-5tll3c46c9e9f doc •6 Page two May 6, 2019 Staff Report and Update to the Indian River County, Board of County Commissioners - Pickleball in Indian River County, Florida The City of Sebastian currently has two tennis courts overlaid with pickleball court lines at Schumann Drive Park, with plans to develop an eight court pickleball complex in the vicinity of their golf course by spring 2020. There are also private pickleball courts located throughout Indian River County with access to courts restricted to the residents and guests of the respective private communities. The president and board members of Pickleball University and County staff immediately met following the March 26 Board of County Commission meeting and also held a subsequent meeting in order to reach a consensus on a proposed plan of action for the development of a pickleball complex at Dick Bird Park. The agreed upon outcome of these meetings was that staff would present an update to the Indian River County, Board of County Commissioners seeking approval and work with the County Administration to accelerate funding for the initial design phase of the pickleball complex development. FUNDING: The current FY 2018/19 Indian River County Comprehensive Plan, Capital Improvement Element adopted on December 4, 2018, plans for funding in FY 2021/22 for a New Pickleball Complex at Dick Bird Park in the amount of $450,000. The CIE identifies Park Impact Fees as the funding source for this project. Park Impact Fee funds are currently available in the amount of $50,000 to provide funding for completion of site plans, construction plans, permitting and construction estimates for a pickleball complex at Dick Bird Park. RECOMMENDATION: Staff recommends that $50,000 of the $450,000 in FY 2021/22 be moved forward in order to complete site planning, construction plans, permitting and construction estimates for a pickleball complex at Dick Bird Park. Staff proposes to include this request in FY 2019/20 of the next regularly scheduled update to the Capital Improvement Element. ATTACHEMENTS: Capital Improvement Element for Parks and Recreation, Indian River County Comprehensive Plan Adopted December 4, 2018. DISTRIBUTION: Mike Redstone, Manager Recreation Division Bill Schutt, AICP, Senior Economic Development Planner, Long Range Planning APPROVED AGENDA ITEM FOR MAY 14.2019 \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\IRCG\Attachments\bd947585-c512-45ec-8543-5tD3 c46c9e9f.doc 97 Q 00 ca 0- N 9 O N N C U U � ECIS c 0 O A0�, �C:) E N E O � U E A Uu u C D I E a O U Q a G u a !x7 ep z CO D K eo 'L C w C a Q •V j t-0 •V C T 0 Y o as C L O a` z s T 9 G G c c v O O 3 �O a c o0 0 0 0 0 0 c 0 0 0 0 0 0 o a� o 0 0 o x p N^ �' fn fA fA di fn O� � {A M fn (JI dl N di V7 � fA M V) dl 0 0 0 0 0 0 0 0 0 0 » vi vi vi v3 oc aoo o � � N 0 v3 0 0 � Fn 0 » 0 Fn 0 » 0 y 0 u3 0 vi 0 vi 0 Fn 0 fn 0 0 » Fn w 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 N O O O O O N O O w w _ O O d3 C O 00 M Fn 63 fA 00 (A Vi OC N 43 00 d) (n V3 H H O dNi (n di Vf M M 00 iA N w O O O nl O O O in fn O O O � � Cl (z O fA t�1 O fli O fn O V1 O F/I O � O O O O O O O N VOi C w h N O � N) N O L N O O O h O Vi fA } w O } K e o 2_ •O O E ... W > O a O t O c O i O c Y v� Sj W o °,• q q L Y d c �E' V (IJ cl u E y c> G o xc. q o 'o, e a a oL'n N o. c n H3 o c a 'E Q o < Q < g e S c o r r o cE`u Q v rE".o m C O a, a a j 3 i= o 41 c v >2 C E O F O= G v°C 5 ce U y n S i fi n i i U Q 00 ca 0- N 9 O N N C U U � ECIS c 0 O A0�, �C:) E N E O � U E A Uu u C D I E a O U Q W Q 0 a a r < n.m4 4LL Cd OaULL a n<o— n n n v v - � � T O OD Oj L w ti ti T b Wti'.z z z zz }U z z z !E {i {E 0 c E o o c F o o F 7 - O. 1 O G. d 0 o 0 0 0 0 c D 000 o o o c 0 o 0 0 0 0 0 0 0 o 0- oc;, x � `o in vi in vi vNi vii � � vi h F t'i aOO G � � voi � w vci ✓oi o O O r o O O O N c O C o r 4Y O O 0 0 0 O O O O C N N Vol N N h h of O VAI �C N N V) 6A 4i fA FA N � } LL N O O O O N fA O O O ON in O O N in O O O O (A x r C N r . � m 0 a C o 0 ^y a a V� W a o N } ' e � a LL c c j � � � Y vC O G r u z X o o CZ U c U U 9= n U v c u 41C E C Q E U c V t�ci a 0 3 Zmmn'. a z 3 a. vLi Fo W Q 0 a INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, .County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: October 31, 2019 SUBJECT: Approval of a Memorandum of Agreement between Indian River County and the Florida Division of Emergency Management for use of a WeatherSTEM Station It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The Florida Legislature appropriated $970,000 to the Executive Office of the Governor, Division of Emergency Management, to fund the Florida Severe Weather Mesonet — WeatherSTEM. The Florida Division of Emergency Management has contracted with WeatherSTEM for the purchase and installation of fifty (50) weather monitoring systems in designated locations throughout the state of Florida and includes maintenance of the system for three years. Indian River County was one of the locations selected. The WeatherSTEM system provides real-time weather information (winds, temperature, rain gauge, etc.) and the data is accessible to the public. The suggested target area is northern Indian River County and we have selected an installation at Fire -Rescue Station 9, located at 13550 Roseland Road in Sebastian. Ownership of the Weather Station will be transferred to Indian River County upon installation. This agreement requires that Indian River County maintain the Weather Station for at least an additional seven (7) years following the end of the WeatherSTEM. maintenance agreement. The annual .maintenance cost for the Weather Station is estimated to be $2,000.00. FUNDING: Funding for the annual maintenance is an allowable expense covered by the EMPA Grant and will be budgeted accordingly beginning in 2023, when Emergency Management is required to take over the maintenance cost. RECOMMENDATION: Staff recommends approval of the Memorandum of Agreement between Indian River County and the Florida Division of Emergency Management. ATTACHMENTS: 1. Two (2) copies of the Memorandum of Agreement for use of WeatherSTEM. 100 MEMORANDUM OF AGREEMENT FOR USE OF WEATHERSTEM STATIONS BETWEEN THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND INDIAN RIVER COUNTY This Memorandum of Agreement ("MOA") is entered into by and between the Florida Division of Emergency Management ("FDEM") and Indian River County ("Recipient'). WHEREAS, the Florida Legislature appropriated $970,000 to the Executive Office of the Governor, Division of Emergency Management, to fund the Florida Severe Weather Mesonet — WeatherSTEM; WHEREAS, the purpose of this appropriation was to provide FDEM with hyper -local, real-time weather data in strategic locations to provide critical information to assist in the deployment of resources to impacted areas during times of severe weather; WHEREAS, FDEM has contracted with WeatherSTEM for the purchase and installation of fifty (50) weather monitoring systems ("Weather Station") in designated locations throughout the state, including maintenance for three years; WHEREAS, FDEM has coordinated with the counties where the Weather Stations would be installed; WHEREAS, ownership of the Weather Stations will be transferred to the Recipient upon installation; WHEREAS, to ensure that this mesonet continues to benefit the state, the Recipient will agree to maintain each Weather Station it receives for at least an additional seven (7) years following the end of the WeatherSTEM maintenance agreement; NOW THEREFORE, in consideration of the mutual promises and conditions herein contained, the Parties agree to the following terms: 1. Recipient agrees to take ownership of the Weather Station(s) within its geographical control from FDEM immediately upon installation of the Weather Station. 2. FDEM agrees to prepay for the maintenance of the Weather Stations for three (3) years following its installation. . 3. Recipient expressly agrees to be fully responsible for the maintenance, repair, software updates, and any other costs of the Weather Station(s) for the duration of their estimated lives following the expiration of the three (3) year maintenance agreement with WeatherSTEM. A Weather Station's expected equipment life is estimated to be ten (10) years. 101 4. Recipient agrees to use the Weather Station(s) for their intended purpose and provide data to WeatherSTEM and its users as required by WeatherSTEM and FDEM. 5. Proof of installation of the Weather Station(s), to include a serial number, location address, and other relevant information, is incorporated by reference and shall be attached to this MOA without need for further agreement by the Parties. 6. All notices provided under or pursuant to this MOA shall be in writing, and sent via certified mail return receipt requested, along with a courtesy copy via electronic mail, to the representatives and addresses identified below: For FDEM: (name), (title) Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399 (phone) (email) For Recipient Tad Stone, Director Indian River County Emergency Services 4225 43rd Avenue Vero Beach, FL 32967 (772) 226-3869 tstone(@-ircgov.com 7. Miscellaneous a. This MOA shall be governed by the laws of the State of Florida and venue shall be in Leon County, Florida. b. The Parties agree that nothing in this MOA serves to create an employer- employee relationship between FDEM and Recipient. c. Any modification of this MOA, except the attachment of proof of installation of the Weather Station(s), or additional obligation assumed by either Party with regard to this MOA, shall be binding only if evidenced in writing signed by an authorized representative of each Party. d. This MOA shall not be construed against either Party and shall be deemed to have been drafted by both Parties. e. This Agreement creates neither a partnership nor a joint venture, and neither Party has the authority to bind the other. f. Nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, F.S. Nothing herein shall be construed as consent by either Party to be sued by third parties. 102 g. Either Party may request changes to this MOA. Any changes, modifications, revisions or amendments to this MOA that are mutually agreed upon by and between the Parties to this MOA, shall be incorporated by written instrument and effective when executed and signed by all Parties to this MOA. h. This Agreement, upon execution, contains the entire agreement of. the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of this Agreement IN WITNESS WHEREOF, the parties hereto have caused this MOA to be executed by their undersigned officials as duly authorized. COUNTY Bob Solari, Chairman Date FLORIDA DIVISION OF EMERGENCY MANAGEMENT in Date Jared Moskowitz, Director 103 Addendum Proof of installation of the Weather Station(s), to include a serial number, location address, and other relevant information, is incorporated by reference and shall be attached to this MOA without need for further agreement by the Parties. Serial Number I Address 104 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Steve Greer, Captain Department of Emergency Service -Fire Rescue Division DATE: October 21, 2019 SUBJECT: Approval of Renewal for a Class `B" and "E" Certificate of Public Convenience and Necessity for We Care of the Treasure Coast Inc. to Provide Wheelchair/Stretcher Services. On October 3, 2017, the Indian River County Board of County Commissioners approved a Class "B" and "E" Certificate of Public Convenience and Necessity for We Care of the Treasure Coast Inc. to provide ALS/BLS and Wheelchair/Stretcher medical transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years beginning on Oct. 15, 2017 and expired on October 15, 2019. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff.submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class `B" and "E" certificate has been submitted by We Care of the Treasure Coast Inc. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal ofthe Class "B" and "E" Certificate of Public Convenience and Necessity for We Care of the Treasure Coast Inc., to be effective for a period of two (2) years from October 15, 2019 to October 15, 2021. ATTACHMENTS: Complete renewal application from We Care of the Treasure Coast Inc. is available for review during regular business hours (8:30am to 5 :00pm, Monday through Friday) at the Offices of Emergency Services. 105 INDIAN RIVER COUNTY P }� DEPARTMENT OF EMERGENCY SERVICES, Ea" Jou IFN n SSP APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: We Care of the Treasure Coast, Inc. DATE: 10/3/2019 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. © This is a renewal of our present COPCN. ❑ This is a renewal of our present COCPN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ OBLS [DALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ® ❑✓_BLS ©ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ ❑BLS ❑ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ FIBLS ❑ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑ IIWheelchair 1:11� Wheelchair/Stretcher DAmbulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class E1 ® IIWheelchair 1-1 Wheelchair/Stretcher DAmbulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. 106 II. COMPANY DETAILS 1. NAME OF AMBULANCE SERVICE: We Care of the Treasure Coast, Inc. MAILING ADDRESS: 1971 SW Biltmore Street CITY Port St. Lucie COUNTY St. Lucie ZIP CODE: 34984 BUSINESS PHONE: 772-398-0845 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): Private 3. MANAGER'S NAME: Havalambos Barakos ADDRESS: 1971 SW Biltmore St. PSL FL 34984 PHONE M 772-398-0845 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION Haralambos Barakos 1971 SW Biltmore St. PSL President 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE# Encompass Health 1600 37th St. Vero Beach 772-778-2100 Hospices of Martin 1201 SE Indian St. Stuart FI 772-403-4500 Access 2 Care 1631 Bay Vista Dr 772-450-3210 107 6. FUNDING SOURCE. Private 7. RATE SCHEDULE ATTACHED? YES ❑ NO ;6 N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: 1971 SW Biltmore St. Port St. Lucie FL 34984 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: Motorola HT 1250 Mobile/Cell Phone 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION All hospitals within Indian River County All hospitals within State of Florida IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Including: Service Type, Base Rate, Mileage, Waiting and Special Charges 109 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or EVAPPLICANTS I, Haralambos Barakos , the representative of Applicant Name We Care of the Treasure Coast, Inc. , do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS I, , the representative of Applicant Name , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. APPLICANT SIGNATURE . DATE Before me personally appeared the said who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this day of 201_. My commission expires: NOTARY PUBLIC 110 CONSENT INDIAN RIVER COUNTY, FLORIDA 9L MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: October 31, 2019 SUBJECT: Modification Alto Emergency Management State -Funded Subgrant Agreement (EMPA) Agreement Number A0004 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The Indian River County Board of County Commissioners executed an agreement with the Florida Division of Emergency Management on July 16, 2019 for the Emergency Management Preparedness Assistance Grant (EMPA). The EMPA grant is used to enhance and improve emergency management mitigation, planning, response and recovery directly affecting the lives and property of Indian River County residents and visitors. The Florida Division of Emergency Management has submitted Modification #1 to Agreement Number A0004 which modifies certain emergency management requirements to comply with the grant. FUNDING: There are no changes to the funding of the original agreement. RECOMMENDATION: Staff recommends approval of Modification #1 of State Funded Subgrant Agreement A0004 between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. ATTACHMENTS: 1. Two (2) original Copies of EMPA Agreement Modification #1 2. Attachment E which details the modification to the emergency management response capabilities 111 MODIFICATION #1 TO STATE -FUNDED GRANT AGREEMENT BETWEEN THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND INDIAN RIVER COUNTY This Modification is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Indian River County ("Recipient"), to modify Agreement Number A0004, which began on July 1, 2019 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Recipient under the Emergency Management Preparedness and Assistance Grant program of $105,806.00; WHEREAS, the Division and the Recipient desire to modify the Agreement; WHEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: , 1. The Response Capabilities, Attachment E to the Agreement, is hereby modified as set forth in 1 st Revised Attachment E to this Modification, which is attached hereto and incorporated herein by reference. 2. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 3. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 112 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. RECIPIENT: INDIAN RIVER COUNTY Name and Title: Bob Solari, Chairman Date: November 5, 2019 FLORIDA DIVISION OF EMERGENCY MANAGEMENT Name and Title: Jared Moskowitz, Division Director Date: 113 ATTACHMENT E RESPONSE CAPABILITIES Contacts - The Recipient shall maintain current county emergency management and other contacts through the Division's SharePoint portal available at https:Hportal.fIori dad isaster.org. From the Portal main page, click "County Links", then pulldown and select "Update County Contacts. This information includes the following but not limited to: • County Director and Alternate contacts • State Mutual Aid Agreement contacts SharePoint Site Identification - The Recipient shall upload current GIS Site Data to the Division's SharePoint portal available at https://r)ortal.floddadisaster.org. SharePoint site identification data includes: • Through SharePoint - location and attribute information of all Emergency Services sites — o Fire Stations o Law Enforcement o Emergency Medical Services o Emergency Operations Center(s) o Call Centers Attribute information shall include at a minimum: facility name, facility type, physical address, USNG coordinates, and Latitude/Longitude in decimal degrees. Site address shall be mapped by clicking on Map icon to verify address. NOTES: For Site Identification data uploaded through SharePoint — To facilitate emergency services sites review, FDEM GIS will annually (Q1) upload a spreadsheet extracted from the critical facilities inventory. This spreadsheet is intended to provide Counties with the catalog of current sites that the State has in its critical facilities inventory. Critical facility inventory spreadsheets uploaded will contain only emergency service facility types that are required for review. Any additional facility types provided to the State will be at the discretion of the County. Counties with GIS resources may, instead of reviewing this spreadsheet for updates — o Upload zipped shapefile(s) or file geodatabase(s) extracted from a county GIS system, o Upload a zipped geodatabase of Essential Facilities created using HAZUS Comprehensive Data Management System (https://www.fema.gov/comprehensive-data- management-system) o Provide URL to a GIS data download website maintained by the County If counties have no changes since the last agreement period, a statement of "no change" shall be submitted via the SharePoint portal. WebEOC Site Identification - The Recipient shall upload current Site Data to WebEOC available at https://e6c.floddadisaster.org. WebEOC site identification data includes: • Through the SERT County Emergency Sites Board via the State's WebEOC Instance or through your local instance if you are subscribed to this Board - location and attribute information of all pre -identified - o County Staging Areas (CSAs) o County Points of Distribution (PODs) Attribute information shall include at a minimum: Site Name, Site Type, Site Address, Full Address with Latitude/Longitude in decimal degrees, Primary Contact (name, e-mail and phone) Secondary Contact (name, e-mail and phone). 114 The following Site Information upload is optional: • Picture attachment of Site. • Comments regarding access, transportation routes or any planning information. SITE SUGGESTIONS: County Staging Areas (CSAs) • Sites should be located adjacent to a major highway and have the ability to establish safe one-way traffic through the compound and reasonably secured. County Staging Areas must also be located in a region that can support countywide relief operations. • For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where possible, exceptions can be made. Point of Distribution (PODs) • PODs should not be nearby a business that has water and food for sale. • Counties should focus on placing PODS in outlying areas where these types of stores are not located in -order to insure that resources are available in those areas. • For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where possible, exceptions can be made. 115 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM .. TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Kendra Cope, M.S., Natural Resources Manager FROM: Molly Klinepeter, Lagoon Plan Environmental Specialist SUBJECT: Acceptance of Florida Department of Economic Opportunity Grant FY19/20 DATE: October 11, 2019 DESCRIPTION AND CONDITIONS In late April 2019, the County received notification that the Florida Department of Economic Opportunity (DEO) was soliciting technical assistance grant requests for State FY 2019/20. Staff responded to the DEO solicitation on May 13, 2019 and requested $30,000 to assist with the Research and Review phase for the development of Indian River County Lagoon Management Plan (IRL Plan). This initial phase will help lay the groundwork for the IRL Plan by collecting data from regulatory agencies, universities, and other known partners of the Indian River Lagoon. Staff will then evaluate the available data to identify current informational gaps, formulate recommendations for future research and the next phase of the IRL Plan's development, and disseminate information gathered and learned through engaging public platforms. On July 16, 2019, staff was notified DEO accepted the staff's proposal for the full amount of $30,000. This is a 100 percent cost reimbursement grant and provides supplemental funding for work that will be completed during the Research and.Review phase. All work completed under this grant is required to be finished prior to June 30, 2020. FUNDING Funds in the amount of $30,000.00 are available in General Fund/Lagoon/Other Professional Services—Acct # 00128337-033190. RECOMMENDATION Staff recommends the Board approve the DEO grant, funding in the amount of $30,000.00, and authorize the Chairman to sign the Agreement on behalf of the County. Following Board approval, the County will transmit two partially executed Agreements to the DEO for final signatures. Upon receipt of one fully executed original agreement from the DEO, staff will transmit to the Clerk to the Board of County Commission for recording. ATTACH EM ENT IRC Grant Form DEO Grant Agreement APPROVED AGENDA ITEM FOR: November 5, 2019 116 GRANT NAME: DEO Community Planning Technical Assistance Grant for: Indian River Lagoon Management Plan in Indian River County GRANT No. P0359 AMOUNT OF GRANT: $30,000 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineerin CONTACT PERSON: Molly Klinepeter TELEPHONE: ext. 1651 1. How long is the grant for? June 30, 2020 Starting Date: Upon grant execution YES NO 2. Does the grant require you to fund this function after the grant is over? X 3. Does the grant require a match? X. If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 0.00% 5. Grant match amount required 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? N/A 7. Does the grant cover capital costs or start-up costs? X If no, how much do you think will be needed in capital costs or start-up costs: $0.00 (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? NO If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position Q11.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ 0 TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 0 Signature of Preparer: Date: 117 Grant Amount Other Match Costs Not Covered Match Total First Year $ 30,000 $ 0 $ 0 $ 30,000 Second Year $ 0 $ 0 $ 0 $ 0 Third Year $ 0 $ 0 $ 0 $ 0 Fourth Year $ 0 $ 0 $ 0 $ 0 Fifth Year $ 0 $ 0 $ 0 $ 0 Signature of Preparer: Date: 117 COMMUNITY PLANNING TECHNICAL ASSISTANCE GRANT AGREEMENT STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY THIS GRANT AGREEMENT ("Agreement") is made and entered into by and between the State of Florida, Department of Economic Opportunity ("DEO"), and Indian River County, Florida ("Grantee"). DEO and Grantee are sometimes referred to herein individually as a "Party" and collectively as "the Parties." WHEREAS, DEO has the authority to enter into this Agreement and distribute State of Florida funds ("Award Funds") in the amount and manner set forth in this Agreement and in the following Attachments incorporated herein as an integral part of this Agreement: • Attachment 1: Scope of Work • Attachment 1-A: Invoice: Grantee's Subcontractor(s) (Contractual Services) • Attachment 1-13: Invoice: Grantee's Employee(s) • Attachment 1-C: Invoice: Combination of Grantee's Subcontractor(s) and Grantee's Employee(s) • Attachment 1-D: Grant Agreement Final Closeout Form • Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements • Attachment 3: Audit Compliance, Certification WHEREAS, the Agreement and its aforementioned Attachments are hereinafter collectively referred to as the "Agreement", and if any inconsistencies or conflict between the language of this Agreement and its Attachments arise, then the language of the Attachments shall control, but only to the extent of the conflict or inconsistency; WHEREAS, Grantee hereby represents and warrants that Grantee's signatory to this Agreement has authority to bind Grantee to this Agreement as of the Effective Date and that Grantee, through its undersigned duly -authorized representative in his or her official capacity, has the authority to request, accept, and expend Award Funds for Grantee's purposes in accordance with the terms and conditions of this Agreement; NOW THEREFORE, for and in consideration of the covenants and obligations set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties intending to be legally bound hereby agree to perform the duties described herein in this Agreement as follows: A. AGREEMENT PERIOD This Agreement is effective as of July 1, 2019 (the "Effective Date") and shall continue until the earlier to occur of (a) June 30, 2020 (the "Expiration Date") or (b) the date on which either Party terminates this Agreement (the "Termination Date"). The period of time between the Effective Date and the Expiration Date or Termination Date is the "Agreement Period". B. FUNDING This Agreement is a cost reimbursement Agreement. DEO shall pay Grantee up to Thirty Thousand Dollars ($30,000.00) in consideration for Grantee's performance under this Agreement. DEO, in its sole and absolute discretion, may provide Grantee an advance of Award 118 Funds underthis Agreement. Travel expenses are authorized underthis Agreement. Grantee shall submit bills for such travel expenses and shall be reimbursed only in accordance with s. 112.061, F.S., and the Invoice Submittal Procedures delineated in Attachment 1: Scope of Work. DEO shall not pay Grantee's costs related to this Agreement incurred outside of the Agreement Period. In conformity with s. 287.0582, F.S., the State of Florida and DEO's performance and obligation to pay any Award Funds under this Agreement is contingent upon an annual appropriation by the Legislature. DEO shall have final unchallengeable authority as to both the availability of funds and what constitutes an "annual appropriation" of funds. Grantee shall not expend Award Funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. Grantee shall not expend Award Funds to pay any costs incurred in connection with any defense against any claim or appeal of the State of Florida or any agency or instrumentality thereof (including DEO); or to pay any costs incurred in connection with the prosecution of any claim or appeal against the State of Florida or any agency or instrumentality thereof (including DEO), which Grantee instituted or in which Grantee has joined as a claimant. Grantee shall either (i) maintain Award Funds in a separate bank account, or (ii) expressly designate in Grantee's business records and accounting system that the Award Funds originated from this Agreement. Grantee shall not commingle Award Funds with any other funds. DEO may refuse to reimburse Grantee for purchases made with commingled funds. Grantee's costs must be in compliance with all laws, rules, and regulations applicable to expenditures of State funds, including the Reference Guide for State Expenditures (https://www.myfloridacfo.com/Division/AA/Manuals/Auditing/Reference Guide For. State Ex pend itu res. pdf). C. ELECTRONIC FUNDS TRANSFER Within 30 calendar days of the date the last Party has signed this Agreement, Grantee shall enroll in Electronic Funds Transfer (EFT) from the State's Chief Financial Officer. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: https://www.mooridacfo.com/Division/AA/Vendors/. Questions should be directed to the EFT Section at (850) 413-5517. Once enrolled, EFT shall make invoice payments. D. RENEGOTIATION OR MODIFICATION The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes to this Agreement necessary. In addition to changes necessitated by law, DEO may at any time, with written notice to Grantee, make changes within the general scope and purpose of this Agreement, at DEO's sole and absolute discretion. Such changes may include modifications of the requirements, changes to processing procedures, or other changes as decided by DEO. Grantee shall be responsible for any due diligence necessary to determine the impact of each aforementioned modification or change. Any modification of this Agreement Grantee requests must be in writing and duly signed and dated by all Parties in order to be valid and enforceable. E. AUDITS REQUIREMENTS AND COMPLIANCE 1. Section 215.971, Florida Statutes ("F.S."). Grantee shall comply with all applicable provisions of s. 215.97, F.S., and Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements. Grantee shall perform the deliverables and tasks set forth in Attachment 1, Scope of Work. Grantee may only expend Award Funds for allowable costs resulting from obligations incurred during the Agreement Period. Grantee shall refund to DEO any: (1) balance of unobligated 119 Award Funds which have been advanced or paid to Grantee; or (2) Award Funds paid in excess of the amount to which Grantee is entitled under the terms and conditions of this Agreement and Attachments hereto, upon expiration or termination of this Agreement. 2. Audit Compliance. Grantee understands and shall comply with the requirements of s. 20.055(5), F.S. Grantee agrees to reimburse the State for the reasonable costs of investigation the Inspector General or other authorized State official incurs for investigations of Grantee's compliance with the terms of this or any other agreement between the Grantee and the State which results in the suspension or debarment of Grantee. Grantee shall not be responsible for any costs of investigations that do not result in Grantee's suspension or debarment. F. -RECORDS AND INFORMATION RELEASE 1. Records Compliance. DEO is subject to the provisions of chapter 119, F.S., relating to public records. Any document Grantee submits to DEO under this Agreement may constitute public records under the Florida Statutes. Grantee shall cooperate with DEO regarding DEO's efforts to comply with the requirements of chapter 119, F.S. Grantee shall respond to requests to inspect or copy such records in accordance with chapter 119, F.S. for records made or received by Grantee in connection with this Agreement. Grantee shall immediately notify DEO of the receipt and content of any request by sending an e-mail to PRRequest@deo.myflorida.com within one business day after receipt of such request. Grantee shall indemnify, defend, and hold DEO harmless from any violation of Florida's public records laws wherein DEO's disclosure or nondisclosure of any public record was predicated upon any act or omission of Grantee. As applicable, Grantee shall comply with Section 501.171, F.S. DEO may terminate this Agreement if Grantee fails to comply with Florida's public records laws. Grantee shall allow public access to all records made or received by Grantee in connection with this Agreement, unless the records are exempt from s. 24(a) of Article I of the State Constitution or s. 119.07(1), F.S. 2. Identification of Records. Grantee shall clearly and conspicuously mark all records submitted to DEO if such records are confidential and exempt from public disclosure. Grantee's failure to clearly mark each record and identify the legal basis for each exemption from the requirements of chapter 119, F.S., prior to delivery of the record to DEO serves as Grantee's waiver of a claim of exemption. Grantee shall 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 as long as those records are confidential and exempt pursuant to Florida law. If DEO's claim of exemption asserted in response to Grantee's assertion of confidentiality is challenged in any court of law, Grantee shall defend, assume, and be responsible for all fees, costs, and expenses in connection with such challenge. 3. Keeping and Providing Records. DEO and the State have an absolute right to view, inspect, or make or request copies of any records arising out of or related to this Agreement. The Grantee has an absolute duty to keep and maintain all records arising out of or related to this Agreement. DEO may request copies of any records made or received in connection with this Agreement, or arising out of Grantees use of Award Funds, and Grantee shall provide DEO with copies of any records within 10 business days after DEO's request at no cost to DEO. Grantee shall maintain all books, records, and documents in accordance with generally accepted accounting procedures and practices. which sufficiently and properly reflect all expenditures of Award Funds. For avoidance of doubt, Grantee's duties to keep and provide records to DEO includes all records generated in connection with or as a result of this 120 Agreement. Upon expiration or termination of this Agreement, the Grantee shall transfer, at no cost, to DEO all public records in possession of Grantee or keep and maintain public records required by DEO to perform the service. If the Grantee keeps and maintains public records upon completion of this Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to DEO, upon request from DEC's custodian of records, in a format that is compatible with the information technology systems of DEO. 4. Audit Rights. Representatives of the State of Florida, DEO, the State Chief Financial Officer, the State Auditor General, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the federal government and their duly authorized representatives shall have access to any of Grantee's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. S. Single Audit Compliance Certification. Annually within 60 calendar days of the close of Grantee's fiscal year, Grantee shall electronically submit a completed Audit Compliance Certification (a version of this certification is attached hereto as Attachment 3) to Audit@ deo. myflorida.com. Grantee's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement for all agreements between DEO and Grantee. 6. Ensure Compliance. Grantee shall ensure that any entity which is paid from, or for which Grantee's expenditures will be reimbursed by, Award Funds, is aware of and will comply with the aforementioned audit and record keeping requirements. 7. Contact Custodian of Public Records for Questions. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-7140, via e-mail at PRRequest@deo.myflorida.com, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. G. TERMINATION 1. Termination due to Lack of Funds: In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, DEO may terminate this Agreement upon no less than twenty-four (24) hour written notice to Grantee. DEO shall be the final authority as to the availability of funds and will not reallocate funds earmarked for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, Grantee will be paid for any work satisfactorily completed prior to notification of termination. The lack of funds shall not constitute DEO's default under this Agreement. 2. Termination for Cause: DEO may terminate the Agreement if Grantee fails to: (1) deliver the services within the time specified in the Agreement or any extension; (2) maintain adequate 121 progress, thus endangering performance of the Agreement; (3) honor any term of the Agreement; or (4) abide by any statutory, regulatory, or licensing requirement. The rights and remedies of DEO in this clause are in addition to any other rights and remedies provided by law or under the Agreement. Grantee shall not be entitled to recover any cancellation charges or lost profits. 3. Termination for Convenience: DEO, by written notice to Grantee, may terminate this Agreement in whole or in part when DEO determines in DEO's sole and absolute discretion that it is in DEO's interest to do so. Grantee shall not provide any deliverable pursuant to Attachment 1: Scope of Work after it receives the notice of termination, except as DEO otherwise specifically instructs Grantee in writing. Grantee shall not be entitled to recover any cancellation charges or lost profits. 4. Grantee's Responsibilities Upon Termination: If DEO issues a Notice of Termination to Grantee, except as DEO otherwise specifies in that Notice, Grantee shall: (1) Stop work under this Agreement on the date and to the extent specified in the notice; (2) complete performance of such part of the work DEO does not terminate; (3) take such action as may be necessary, or as DEO may specify, to protect and preserve any property which is in the possession of Grantee and in which DEO has or may acquire an interest; and (4) upon the effective date of termination, Grantee shall transfer, assign, and make available to DEO all property and materials belonging to DEO pursuant to the terms of this Agreement and all Attachments hereto. Grantee shall not receive additional compensation for Grantee's services in connection with such transfers or assignments. 5. Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Grantee believes is excusable under this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, Grantee shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within 10 calendar days after.the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) within five calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section and will notify Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause 122 whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, after the causes have ceased to exist, Grantee shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to DEO or the State, in which case, DEO may terminate the Agreement in whole or in part. H. BUSINESS WITH PUBLIC ENTITIES Grantee is aware of and understands the provisions of s. 287.133(2)(a), F.S., and s. 287.134(2)(a), F.S. As required by s. 287.135(5), Grantee certifies that it is not: (1) listed on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, F.S.; (2) engaged in a boycott of Israel; (3) listed 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 s. 215.473, F.S.; or (4) engaged in business operations in Cuba or Syria. DEO may immediately terminate this Agreement if Grantee submits a false certification as to the above, or if Grantee is placed on the Scrutinized Companies that Boycott Israel List, engages in a boycott of Israel, is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has engaged in business operations in Cuba or Syria. I. CONTINUING DISCLOSURE OF LEGAL PROCEEDINGS. (Not applicable) J. ADVERTISING AND SPONSORSHIP DISCLOSURE 1. Limitations on Advertising of Agreement. DEO does not endorse any Grantee, commodity, or service. Subject to chapter 119, F.S., Grantee shall not publicly disseminate any information concerning this Agreement without prior written approval from DEO, including, but not limited to mentioning this Agreement in a press release or other promotional material, identifying DEO or the State as a reference, or otherwise linking Grantee's name and either a description of the Agreement or the name of DEO or the State in any material published, either in print or electronically, to any entity that is not a Party to this Agreement, except potential or actual employees, agents, representatives, or subcontractors with the professional skills necessary to perform the work services required by the Agreement. Disclosure of Sponsorship. As required by Section 286.25, F.S., if Grantee is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of Florida, Department of Economic Opportunity." If the sponsorship reference is in written material, the words "State of Florida, Department of Economic Opportunity" shall appear in the same size letters or type as the name of the organization. K. INVOICES AND PAYMENTS 1. Grantee will provide DEO's Agreement Manager invoices in accordance with the requirements of the State of Florida Reference Guide for State Expenditures (https://www.myfloridacfo.com/Division/AA/Manuals/Auditing/Reference Guide For Stat e Expenditures.pdf), with detail sufficient for a proper pre -audit and post -audit thereof. Grantee shall comply.with the Invoice Submittal and Payment provisions of Section 10 of Attachment 1, Scope of Work, and with the following requirements: 123 a. Invoices must be legible and must clearly reflect the goods/services that were provided in accordance with the terms of the Agreement for the invoice period. Payment does not become due under the Agreement until the invoiced deliverable(s) and any required report(s) are approved and accepted by DEO. b. Invoices must contain the Grantee's name, address, federal employer identification number or other applicable Grantee identification number, the Agreement number, the Grantee's invoice number, an invoice date, the dates of service, the deliverable number, a description of the deliverable, a statement that the deliverable has been completed, and the amount being requested. DEO or the State may require any additional information from Grantee that DEO or the State deems necessary to process an invoice. c. Invoices must be submitted in accordance with the time requirements specified in the Scope of Work. 2. At DEO's or the State's option, Grantee maybe required to invoice electronically pursuant to guidelines of the Department of Management Services. 3. Payment shall be made in accordance with section 215.422, F.S., Rule 691-24, F.A.C., and section 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S., provides that agencies have five (5) working days to inspect and approve goods and services unless the Scope of Work specifies otherwise. DEO has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. The Scope of Work may specify conditions for retainage. Invoices returned to a Grantee due to preparation errors will result in a delay of payment. Invoice payment requirements do not start until a properly completed invoice is provided to DEO. DEO is responsible for all payments under the Agreement. 4. Section 55.03(1), F.S., identifies the process applicable to the determination of the rate of interest payable on judgments and decrees, and pursuant to section 215.422(3)(b), F.S., this same process applies to the determination of the rate of interest applicable to late payments to vendors for goods and services purchased by the State and for contracts which do not specify a. rate of interest. The applicable rate of interest is published at: https://www.myfloridacfo.com/Division/AA/LocaiGovernments/Cu rrent. htm S. Grantee shall submit the final invoice for payment to DEO no later than 60 days after the Agreement ends or is terminated. If Grantee fails to do so, DEO, in its sole discretion, may refuse to honor any requests submitted after this time period and may consider Grantee to have forfeited any and all rights to payment under this Agreement. L. RETURN OR RECOUPMENT OF FUNDS 1. Recoupment. Notwithstanding anything in this Agreement to the contrary, DEO has an absolute right to recoup Award Funds. DEO may refuse to reimburse Grantee for any cost if DEO determines that such cost Was not incurred in compliance with the terms of this Agreement. DEO may demand a return of Award Funds if DEO terminates this Agreement. The application of financial consequences as set forth in the Scope of Work is cumulative to any of DEO's rights to recoup Award Funds. Notwithstanding anything in this Agreement to 124 the contrary, in no event shall the application of any financial consequences or recoupment of Award Funds exceed the amount of Award Funds, plus interest. 2. Overpayments. If Grantee's (a) noncompliance with this Agreement or any applicable federal, state, or local law, rule, regulation or ordinance, or (b) Grantee's performance or nonperformance of any term or condition of this Agreement results in (i) an unlawful use of Award Funds; (ii) a use of Award Funds that doesn't comply with the terms of this Agreement; or (iii) a use which constitutes a receipt of Award Funds to which Grantee is not entitled (each such event an "Overpayment"), then Grantee shall return such Overpayment of Award Funds to DEO. 3. Discovery of Overpayments. Grantee shall refund any Overpayment of Award Funds to DEO within 30 days of Grantee's discovery of an Overpayment, or receipt of notification from DEO that and Overpayment has occurred. DEO is the final authority as to what may constitute an Overpayment of Award Funds. Refunds should be sent to DEO's Agreement Manager, and made payable to the "Department of Economic Opportunity". Should repayment not be made in a timely manner; DEO may charge interest at the lawful rate of interest on the outstanding balance beginning 30 days after the date of notification or discovery. 4. Right of Set -Off. DEO and the State shall have all of its common law, equitable and statutory rights of set-off, including, without limitation, the State's option to withhold for the purposes of set-off any moneys due to Grantee underthis Agreement up to any amounts due and owing to DEO with respect to this Agreement, any other contract with any State department or agency, including any contract for a term commencing prior to,the term of this Agreement, plus any amounts due and owing to the State for any other reason. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audits by the State or its representatives. M. INSURANCE Unless Grantee is a state agency or subdivision as defined in s. 768.28(2), F.S., Grantee shall provide and maintain at all times during this Agreement adequate commercial general liability insurance coverage. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage. Grantee, at all times during the Agreement, at Grantee's sole expense, shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with this Agreement, which, as a minimum, shall be: workers' compensation and employer's liability insurance in accordance with chapter 440, F.S., with minimum employer's liability limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall cover all employees engaged in any Agreement work. Grantee shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with this Agreement, as required by law, and as otherwise necessary and prudent for the Grantee's performance of its operations in the regular course of business. The limits of coverage under each policy maintained by Grantee shall not be interpreted as limiting Grantee's liability and obligations under this Agreement. All insurance policies shall be through insurers licensed and authorized to write policies in Florida, and such policies shall cover all employees engaged in any Agreement work. Grantee shall maintain any other insurance 125 required in the Scope of Work. Upon request, Grantee shall produce evidence of insurance to DEO. DEO shall not pay for any costs of any insurance or policy deductible, and payment of any insurance costs shall be Grantee's sole responsibility. Providing and maintaining adequate insurance coverage is a material obligation of Grantee, and failure to maintain such coverage may void the Agreement, at DEO's sole and absolute discretion, after DEO's review of Grantee's insurance coverage when Grantee is unable to comply with DEO's requests concerning additional appropriate and necessary insurance coverage. Upon execution of this Agreement, Grantee shall provide DEO written verification of the existence and amount for each type of applicable insurance coverage. Within 30 calendar days of the effective date of the Agreement, Grantee shall furnish DEO proof of applicable insurance coverage by standard ACORD form certificates of insurance. In the event that an insurer cancels any applicable coverage for any reason, Grantee shall immediately notify DEO of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within 15 business days after the cancellation of coverage. Copies of new insurance certificates must be provided to DEO's Agreement Manager with each insurance renewal. N. CONFIDENTIALITY AND SAFEGUARDING INFORMATION Each Party may have access to confidential information made available by the other. The provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable state and federal laws will govern disclosure of any confidential information received by the State of Florida. Grantee must implement procedures to ensure the appropriate protection and confidentiality of all data, files, and records involved with this Agreement. Except as necessary to fulfill the terms of this Agreement and with the permission of DEO, Grantee shall not divulge to third parties any confidential information obtained by Grantee or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Agreement work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or DEO. Grantee shall not use or disclose any information concerning a recipient of services under this Agreement for any purpose in conformity with state and federal law or regulations except upon written consent of the recipient, or Recipients' responsible parent or guardian when authorized by law, if applicable. When Grantee has access to DEO's network and/or applications, in order to fulfill Grantee's obligations under this Agreement, Grantee shall abide by all applicable DEO Information Technology Security procedures and policies. Grantee (including its employees, subcontractors, agents, or any other individuals to whom Grantee exposes confidential information obtained under this Agreement), shall not store, or allow to be stored, any confidential information on any portable storage media (e.g., laptops, thumb drives, hard drives, etc.) or peripheral device with the capacity to hold information. Failure to strictly comply with this provision shall constitute a breach of Agreement. Grantee shall immediately notify DEO in writing when Grantee, its employees, agents, or representatives become aware of an inadvertent disclosure of DEO's unsecured confidential information in violation of the terms of this Agreement. Grantee shall report to DEO any Security 126 Incidents of which it becomes aware, including incidents sub -contractors or agents reported to Grantee. For purposes of this Agreement, "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of DEO information in Grantee's possession or electronic interference with DEO operations; provided, however, that random attempts at access shall not be considered a security incident. Grantee shall make a report to DEO not more than seven business days after Grantee learns of such use or disclosure. Grantee's report shall identify, to the extent known: (i) the nature of the unauthorized use or disclosure, (ii) the confidential information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Grantee has done or shall do to mitigate any detrimental effect of the unauthorized use or disclosure, and (v) what corrective action Grantee has taken or shall take to prevent future similar unauthorized use or disclosure. Grantee shall provide such other information, including a written report, as DEO's Information Security Manager requests. In the event of a breach of security concerning confidential personal information involved with this Agreement, Grantee shall comply with Section 501.171, F.S., as applicable. When notification to affected persons is required under this section of the statute, Grantee shall provide that notification, but only after receipt of DEO's written approval of the contents of the notice. Defined statutorily, and for purposes of this Agreement, "breach of security" or "breach" means the unauthorized access of data in electronic form containing personal data. Good faith acquisition of personal information by an employee or agent of the Grantee is not a breach, provided the information is not used for a purpose unrelated to the Grantee's obligations under this Agreement or is not subject to further unauthorized use. O. PATENTS, COPYRIGHTS, AND ROYALTIES 1. All legal title and every right, interest, claim or demand of any kind, in and to any patent, trademark or copyright, or application for the same, or any other intellectual property right to, the work developed or produced under or in connection with this Agreement, is the exclusive property of DEO to be granted to and vested in the Florida Department of State for the use and benefit of the state; and no person, firm or corporation shall be entitled to use the same without the written consent of the Florida Department of State.'Any contribution by the Grantee or its employees, agents or contractors to the creation of such works shall be considered works made for hire by the Grantee for DEO and, upon creation, shall be owned exclusively by DEO. To the extent that any such works may not be considered works made for hire for DEO under applicable law, Grantee agrees, upon creation of such works, to automatically assign to DEO ownership, including copyright interests and any other intellectual property rights therein, without the necessity of any further consideration. 2. If any discovery or invention arises or is developed in the course or as a result of work or services performed with funds from this Agreement, Grantee shall refer the discovery or invention to DEO who will refer it to the Department of State to determine whether patent protection will be sought in the name of the State of Florida. 3. Where activities supported by this Agreement produce original writings, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, DEO has the right to use, duplicate, and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to allow others acting on behalf of DEO to do so. Grantee shall give DEO written notice when any books, manuals, films, websites, web elements, electronic information, or other copyrightable materials are produced. 127 4. Notwithstandin any other provisions herein, in accordance with s. 1004.23, F.S., a State University is authorized in its own name to perform all things necessary to secure letters of patent, copyrights, and trademarks on any works it produces. Within 30 calendar days of same, the president of a State University shall report to the Department of State any such university's action taken to secure or exploit such trademarks, copyrights, or patents in accordance with s. 1004.23(6), F.S. P. INFORMATION TECHNOLOGY RESOURCE Grantee shall obtain prior written approval from the appropriate DEO authority before purchasing any Information Technology Resource (ITR) or conducting any activity that will impact DEO's electronic information technology equipment or software, as both terms are defined in DEO Policy Number 5.01, in any way. ITR includes computer hardware, software, networks, devices, connections, applications, and data. Grantee shall contact the DEO Agreement Manager listed herein in writing for the contact information of the appropriate DEO authority for any such ITR purchase approval. Q. NONEXPENDABLE PROPERTY 1. For the requirements of this Nonexpendable Property section of the Agreement, "nonexpendable property" is the same as "property' as defined in s. 273.02, F.S., (equipment, fixtures, and other tangible personal property of a non -consumable and nonexpendable nature.) 2. All nonexpendable property, purchased under this Agreement, shall be listed on the property records of Grantee. Grantee shall inventory annually and maintain accounting records for all nonexpendable property purchased and submit an inventory report to DEO with the final expenditure report. The records shall include, at a minimum, the following information: property tag identification number, description of the item(s), physical location, name, make or manufacturer, year, and/or model, manufacturer's serial number(s), date of acquisition, and the current condition of the item. 3. At no time shall Grantee dispose of nonexpendable property purchased under this Agreement without the written permission of and in accordance with instructions from DEO. 4. Immediately upon discovery, Grantee shall notify DEO, in writing, of any property loss with the date and reason(s) for the loss. 5. Grantee shall be responsible for the correct use of all nonexpendable property Grantee purchases or DEO furnishes under this Agreement. 6. A formal Agreement amendment is required prior to the purchase of any item of nonexpendable property not specifically listed in Attachment 1: Scope of Work. 7. Upon the Expiration Date of this Agreement Grantee is authorized to retain ownership of any nonexpendable property purchased under this Agreement; however, Grantee hereby grants to DEO a right of first refusal in all such property prior to disposition of any such property during its depreciable life, in accordance with the depreciation schedule in use by Grantee, Grantee shall provide written notice of any such planned disposition and await DEO's response prior to disposing of the property. "Disposition" as used herein, shall include, but is 128 not limited to, Grantee no longer using the nonexpendable property for the uses authorized herein; the sale, exchange, transfer, trade-in, or disposal of any such nonexpendable property. DEO, in its sole discretion, may require Grantee to refund to DEO the fair market value of the nonexpendable property at the time of disposition rather than taking possession of the nonexpendable property. R. REQUIREMENTS APPLICABLE TO THE PURCHASE OF OR IMPROVEMENTS TO REAL PROPERTY In accordance with s. 287.05805, F.S., if funding provided under this Agreement is used for the purchase of or improvements to real property, Grantee shall grant DEO a security interest in the property in the amount of the funding provided by this Agreement for the purchase of or improvements to the real property for five years from the date of purchase or the completion of the improvements or as further required by law. Upon the Expiration Date of the Agreement, Grantee shall be authorized to retain ownership of the improvements to real property set forth in this Agreement in accordance with the following: Grantee is authorized to retain ownership of the improvements to real property so long as: (1) Grantee is not sold, merged or acquired; (2) the real property subject to the improvements is owned by Grantee; and (3) the real property subject to the improvements is used for the purposes provided in this Agreement. If within five years of the termination of this Agreement, Grantee is unable to satisfy the requirements stated in the immediately preceding sentence, Grantee shall notify DEO in writing of the circumstances that will result in the deficiency upon learning of it, but no later than 30 calendar days prior to the deficiency occurring. In such event, DEO shall have the right, within its sole discretion, to demand reimbursement of part or all of the funding provided to Grantee under this Agreement. S. CONSTRUCTION AND INTERPRETATION The title of and the section and paragraph headings in this Agreement are for convenience of reference only and shall not govern or affect the interpretation of any of the terms or provisions of this Agreement. The term "this Agreement" means this Agreement together with all attachments and exhibits hereto, as the same may from time to time be amended, modified, supplemented, or restated in accordance with the terms hereof. The use in this Agreement of the term "including" and other words of similar import mean "including, without limitation" and where specific language is used to clarify by example a general statement contained herein, such specific language shall not be deemed to modify, limit, or restrict in any manner the construction of the general statement to which it relates. The word "or" is not exclusive and the words "herein," "hereof," "hereunder," and other words of similar import refer to this Agreement, including any Exhibits and Attachments, and not to any particular section, subsection, paragraph, subparagraph, or clause contained in this Agreement. As appropriate, the use herein of terms importing the singular shall also include the plural, and vice versa. The reference to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof and the reference to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. All references to "$" shall mean United States dollars. The term "Grantee" includes any person or entity which has been duly authorized to and has the actual authority to act or perform on Grantee's behalf. The term "DEO" includes the State of Florida and any successor office, department, or agency of DEO, and any person or entity which has been duly authorized to and has the actual authority to act or perform on DEO's behalf. The recitals of this Agreement are 129 incorporated herein by reference and shall apply to the terms and provisions of this Agreement and the Parties. Time is of the essence with respect to the performance of all obligations under this Agreement. The Parties have participated jointly in the negotiation and drafting of this Agreement, and each Party has read and understands this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. T. CONFLICT OF INTEREST This Agreement is subject to chapter 112, F.S. Grantee shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a 5% interest in Grantee or its affiliates. U. GRANTEE AS INDEPENDENT CONTRACTOR Grantee is at all times acting and performing as an independent contractor. DEO has no ability to exercise any control or direction over the methods by which Grantee may perform its work and functions, except as provided herein. Nothing in this Agreement may be understood to constitute a partnership or joint venture between the Parties. V. EMPLOYMENT ELIGIBILITY VERIFICATION — E -VERIFY The Governor of Florida's Executive Order 11-116 requires DEO contracts in excess of a nominal value to expressly require Grantee to: (1) Utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees Grantee hired during the Agreement term; and (2) Include in all subcontracts under this Agreement the requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E - Verify system to verify the employment eligibility of all new employees subcontractor hired during the term of the Subcontract. The Department of Homeland Security's E -Verify system can be found at: https://www.e-verify.gov If the Grantee does not have an E -Verify MOU in effect, the Grantee must enroll in the E -Verify system prior to hiring any new employee after the effective date of this Agreement. W. NOTIFICATIONS OF INSTANCES OF FRAUD Upon discovery, Grantee shall report all known or suspected instances of Grantee, or Grantee's agents, contractors or employees, operational fraud or criminal activities to DEO's Agreement Manager in writing within 24 chronological hours. X. NON-DISCRIMINATION Grantee shall not discriminate unlawfully against any individual employed in the performance of this Agreement because of race, religion, color, sex, physical handicap unrelated to such person's ability to engage in this work, national origin, ancestry, or age. Grantee shall provide a harassment -free workplace, with any allegation of harassment to be given priority attention and action. 130 Y. ASSIGNMENTS AND SUBCONTRACTS 1. Grantee shall not assign, subcontract, or otherwise transfer its rights, duties, or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of DEO, which consent may be withheld in DEO's sole and absolute discretion. DEO is at all times entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental entity in the State of Florida. Any attempted assignment of this Agreement or any of the rights hereunder by Grantee in violation of this provision shall be void ab initio. 2. Grantee agrees to be responsible for all work performed and all expenses incurred in fulfilling the obligations of this Agreement. If DEO permits Grantee to subcontract all or part of the work contemplated under this Agreement, including entering into subcontracts with vendors for services, it is understood by Grantee that all such subcontract arrangements shall be evidenced by a written document containing all provisions necessary to ensure subcontractor's compliance with applicable state and federal law. Grantee further agrees that DEO shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Grantee, at its expense, will defend DEO against such claims. 3. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All Grantee employees, subcontractors, or agents performing work under the Agreement must comply with all DEO security and administrative requirements identified herein. DEO may conduct, and Grantee shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by Grantee. DEO may refuse access to, or require replacement of, any of Grantee's employees, subcontractors, or agents for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with DEO's security or administrative requirements identified herein. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. DEO may reject and bar from any facility for cause any of Grantee's employees, subcontractors, or agents. 4. Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to Grantee. In the event the State of Florida approves transfer of Grantee's obligations, Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In addition, this Agreement shall bind the successors, assigns, and legal representatives of Grantee and of any legal entity that succeeds to the obligations of the State of Florida. S. Grantee agrees to make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from DEO in accordance with section 287.0585, F.S., unless otherwise stated in the Agreement between Grantee and subcontractor. Grantee's failure to pay its subcontractors within seven (7) working days will result in a penalty charged against Grantee and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such 131 penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. 6. Grantee shall provide a monthly Minority and Service -Disabled Veteran Business Enterprise Report for each invoice period summarizing the participation of certified and non -certified minority and service -disabled veteran subcontractors/material suppliers for that period, and project to date. The report shall include the names, addresses and dollar amount of each certified and non -certified Minority Business Enterprise and Service -Disabled Veteran Enterprise participant and a copy must be forwarded to DEO's Agreement Manager. The Office of Supplier Diversity at (850) 487-0915 will assist in furnishing names of qualified minorities. DEO's Minority Coordinator at (850) 245-7471 will assist with questions and answers. 7. DEO shall retain the right to reject any of Grantee's or subcontractor's employees whose qualifications or performance, in DEC's judgment, are insufficient. Z. ENTIRE AGREEMENT; SEVERABILITY This Agreement, and the attachments and exhibits hereto, embodies the entire agreement of the Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties. If a court of competent jurisdiction voids or holds unenforceable any provision of this Agreement, then that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable, and all other provisions shall remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. If any inconsistencies or conflict between the language of this Agreement and its Attachments arise, then the language of the attachments shall control, but only to the extent of the conflict or inconsistency. AA. WAIVER; GOVERNING LAW; ATTORNEYS' FEES, DISPUTE RESOLUTION 1. Waiver. No waiver by DEO of any of provision herein shall be effective unless explicitly set forth in writing and signed by DEO. No waiver by DEO may be construed as a waiver of any failure, breach, or default not expressly -identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure by DEO to exercise, or delay in exercising, any right, remedy, power or privilege under this Agreement may be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies set forth herein are cumulative and not exclusive. 2. Governing Law. The laws of the State of Florida shall govern the construction, enforcement, and interpretation of this Agreement, regardless of and without reference to whether any applicable conflicts of laws principles may point to the application of .the laws of another jurisdiction. The Parties expressly consent to exclusive jurisdiction and venue in any state court located in Leon County, Florida, and waive any defense of forum non conveniens, lack of personal jurisdiction, or like defense. IN ANY LEGAL OR EQUITABLE ACTION BETWEEN THE PARTIES, THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. 132 Attorneys' Fees, Expenses. Except as set forth otherwise herein, each of the Parties shall pay its own attorneys' fees and costs in connection with the execution and delivery of this Agreement and the transactions contemplated hereby. 4. DEO shall decide disputes concerning the performance of the Agreement, and DEO shall serve written notice of same to Grantee. DEO's decision shall be final and conclusive unless within 21 calendar days from the date of receipt, Grantee files with DEO a petition for administrative hearing. DEO's final order on the petition shall be final, subject to any right of Grantee to judicial review pursuant to chapter 120.68, F.S. Exhaustion of administrative remedies is an absolute condition precedent to Grantee's ability to pursue any other form of dispute resolution; provided however, that the Parties may employ the alternative dispute resolution procedures outlined in chapter 120, F.S. BB. INDEMNIFICATION 1. If Grantee is a state agency or subdivision, as defined in s. 768.28(2), F.S., pursuant to s. 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. 2. Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify, defend, and hold harmless the State and DEO, and their officers, agents, and employees for that portion of any loss or damages the negligent act or omission of DEO or the State proximately caused. 3. Further, Grantee shall fully indemnify, defend, and hold harmless the State and DEO from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right; provided, however, that the foregoing obligation shall not apply to DEO's misuse or modification of Grantee's products or DEO's operation or use of Grantee's products in a manner not contemplated by this Agreement. If any product is the subject of an infringement suit, or in Grantee's opinion is likely to become the subject of such a suit, Grantee may, at Grantee's sole expense, procure for DEO the right to continue using the product or to modify it to become non -infringing. If Grantee is not reasonably able to modify or otherwise secure for DEO the right to continue using the product, Grantee shall remove the product and refund DEO the amounts paid in excess of a reasonable fee, as determined by DEO in its sole and absolute discretion, for past use. DEO shall not be liable for any royalties. 4. Grantee's obligations under the two immediately preceding paragraphs above, with respect to any legal action are contingent upon the State or DEO giving Grantee (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense, and (3) assistance in defending the action at Grantee's sole expense. Grantee shall not be liable for any cost, expense, or compromise incurred or made by the State or.DEO in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. 133 S. The State and DEO may, in addition to other remedies available to them at law or equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of Grantee or its affiliates to the State against any payments due Grantee under any Agreement with the State. CC. CONTACT INFORMATION FOR GRANTEE AND DEO Grantee's Agreement Manager: Kendra Cope Indian River County Public Works 180127 th Street Vero Beach, FL 32960 Phone: 772-226-1569 Email: kcope@irceov.com DEO's Agreement Manager: Donna Cotterell Department of Economic Opportunity 107 East Madison Street, MSC 160 Tallahassee, FL 32399-4120 Telephone: (850) 717-8496 Facsimile: (850) 717-8522 Email: donna.cotterell@deo.myflorida.com DD. NOTICES The Parties' respective contact information is set forth in the immediately preceding paragraph, and may be subject to change at the Parties' discretion. If the contact information changes, the Party making such change will notify the other Party in writing. Where the term "written notice" is used to specify a notice requirement herein, said notice shall be deemed to have been given (i) when personally delivered; (ii) when transmitted via email, if the sender on the same day sends a confirming copy of such notice by certified or registered mail; (iii) the next business day following the day on which the same has been delivered prepaid to a recognized overnight delivery service; or (iv) the third business day following the day on which the same is sent by certified or registered mail, postage prepaid, with return receipt. EE. EXECUTION IN COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instruments. -Remainder of page intentionally left blank - 134 IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the attachments hereto, the Parties, through their duly -authorized representatives, sign this Agreement and represent and warrant that they understand the Agreement and Attachments' terms and conditions as of the Effective Date. By DEPARTMENT OF ECONOMIC OPPORTUNITY INDIAN RIVER COUNTY, FLORIDA By Signature James Stansbury Title Chief, Bureau of Community Title Planning and Growth Date Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY By: _ Approved Date: Date Signature Bob Solari Chairman, Board of County Commissioners 135 Attachment 1 SCOPE OF WORK 1. GRANT AUTHORITY. This Community Planning Technical Assistance grant is provided pursuant to section 163.3168, Florida Statutes (F.S.), and Specific Appropriation 2311, Chapter 2019-115, Laws of Florida, to provide direct and/or indirect technical assistance to help Florida communities find creative solutions to fostering vibrant, healthy communities, while protecting the functions of important State resources and facilities. 2. PROJECT DESCRIPTION: Grantee shall conduct data gathering and public education efforts that lay the groundwork for the anticipated development of an Indian River County specific Indian River Lagoon Management Plan. Grantee shall commence a data collection and research review phase for multiple factors that may be impacting the County's portion (22.4 miles) of the Indian River Lagoon (IRL). Grantee shall collect data on a strategic quarterly basis, evaluate the data, and use the data to educate the County Commission and general public on factors that may be impacting the Lagoon. Finally, Grantee shall prepare an assessment identifying manageable factors impacting the Lagoon and the next steps the County will take to achieve the ultimate goal of developing and implementing an Indian River County specific Indian River Lagoon Management Plan. 3. GRANTEE'S RESPONSIBILITIES: Grantee shall timely perform the Deliverables and Tasks described in this Section 3 and in Section 5 below, and in doing so, Grantee shall comply with all the terms and conditions of this Agreement. All deliverables and tasks under this Agreement must be completed on or before the end of the agreement period in Section A. of this Agreement. A. Deliverable 1. Quarterly Report #1 for Indian River County's Review of Factors Regarding the Indian River Lagoon. Grantee shall: 1. Prepare Quarterly Report #1 summarizing the research collected on the following topics and how they relate to the County's portion of the IRL: a. Annual rainfall data b. Sea level rise c. Best Management Practices d. Biosolids e. Ecosystem functions and habitat use (Part 1) Land use changes (Part 1) 2. Give a summary presentation of findings on these topics to the County Commissioners with the following materials: a. PowerPoint presentation summarizing the relevant significance of each topic to the County and/or potential impacts on the health of the Lagoon. b. Handouts and informational materials on the selected topics. 3. Hold a publicly advertised meeting which includes a presentation on findings from the above research with the following materials: 136 a. PowerPoint presentation summarizing the relevant significance of each topic to the County and/or potential impacts on the health of the Lagoon. b. Handouts and informational materials on the selected topics. c. Public comment and evaluation sheets. B. Deliverable 2. Quarterly Report #2 for Indian River County's Review of Factors Regarding the Indian River Lagoon. Grantee shall: 1. Prepare Quarterly Report #2 on the following research topics and how they relate to the County's portion of the IRL: a. Ecosystem functions and habitat use (Part 2) b. Harmful algal blooms c. State and regulatory review of rules d. Total nitrogen and total phosphorus e. Land use changes (Part 2) 2. Give a summary presentation of findings on these topics to the County Commissioners with the following materials: a. PowerPoint presentation summarizing the relevant significance of each topic to the County and/or potential impacts on the health of the Lagoon. b. Handouts and informational materials on the selected topics. 3. Hold a publicly advertised meeting which includes a presentation on findings from the above research with the following materials: a. PowerPoint presentation summarizing the relevant significance of each topic to the County and/or potential impacts on the health of the Lagoon. b. Handouts and informational materials on the selected topics. c. Public comment and evaluation sheets. C. Deliverable 3. Quarterly Report #3 for Indian River County's Review of Factors Regarding the Indian River Lagoon. Grantee shall: 1. Prepare Quarterly Report #3 on the following research topics and how they relate to the County's portion of the IRL: a. Hydrology and hydrodynamics b. Water quality c. Organics materials and sediments d. Marinas and boat ramps e. Sustainability and resiliency f. Septic Systems g. Stormwater h. Water Consumption 2. Give a summary presentation of findings on these topics to the County Commissioners with the following materials: 137 a. PowerPoint presentation summarizing the relevant significance of each topic to the County and/or potential impacts on the health of the Lagoon. b. Handouts and informational materials on the selected topics. 3. Hold a publicly advertised meeting which includes a presentation on findings from the above research with the following materials: a. PowerPoint presentation summarizing the relevant significance of each topic to the County and/or potential impacts on the health of the Lagoon. b. Handouts and informational materials on the selected topics. c. Public comment and evaluation sheets. 4. Prepare a final summary from the quarterly reports and outreach efforts which includes: a. A preliminary identification of each factors' impacts on the health of the County's portion of the Lagoon, b. A preliminary set of recommendations for County management on the types of actions that could be utilized to mitigate the identified impacts, c. Next steps that will be taken toward the development of the County's Indian River Lagoon Management Plan, and d. An identification of potential funding sources to complete the County's Indian River Lagoon Management Plan. 4. DEO RESPONSIBILITIES: DEO shall receive and review the Deliverables and, upon DEO's acceptance of the Deliverables and receipt of Grantee's pertinent invoices in compliance with the invoice procedures of Section K of this Agreement and of Section 10 of this Scope of Work, DEO shall process payment to Grantee in accordance with the terms and conditions of this Agreement. S. DELIVERABLES: The specific deliverables, tasks, minimum levels of service, due dates, and payment amounts are set forth in the following table: Deliverables and Tasks Minimum Level of Service Payment Amount Not to Exceed Financial Consequences Deliverable 1. Completion of Deliverable 1 as $10,000 As provided in evidenced by submission of all Section 12 of Grantee shall prepare of the following: this Scope of Quarterly Report #1 on 1. Quarterly Report #1. Work, below. selected topics, hold a 2. Copy of PowerPoint presentation for presentations prepared for commissioners and an Commission meeting and educational workshop for public workshop. the public in accordance 3. Handouts and informational with Section 3.A. of this Scope of Work. materials prepared for Commission meeting and Deliverable due date: public workshop. November 15, 2019 4. Copy of the notice or advertisement of the public workshop. Page 21 of 37 138 Page 22 of 37 139 5. Copy of meeting minutes or written summary of the Commission meeting and the public workshop including any issues or concerns identified or discussed during the meetings. 6. Summary of evaluation sheets from public workshop. Grantee shall submit copies of all required documentation identified above on paper or electronically in MS Word or PDF format. If maps are required, they shall be provided on a compact disc in PDF format with ArcGIS compatible shapefiles if they are available. Deliverable 2. Completion of Deliverable 2 as $10,000 As provided in evidenced by submission of all Section 12 of Grantee shall prepare of the following: this Scope of Quarterly Report #2 on Work, below. selected topics, hold a 1. Quarterly Report #2. presentation for 2. Copy of PowerPoint commissioners and an presentations prepared for educational workshop for Commission meeting and the public in accordance public workshop. with Section 3.8. of this 3. Handouts and Scope of Work. informational materials Deliverable due date: prepared for Commission March 2, 2020 meeting and public workshop. 4. Copy of the notice or advertisement of the public workshop. 5. Copy of meeting minutes or written summary of the Commission meeting and the public workshop including any issues or concerns identified or discussed during the meetings. 6. Summary of evaluation sheets from public workshop. Page 22 of 37 139 Page 23 of 37 140 Grantee shall submit copies of all required documentation identified above on paper or electronically in MS Word or PDF format. If maps are required, they shall be provided on a compact disc in PDF format with ArcGIS compatible shapefiles if they are available. Deliverable 3. Completion of Deliverable 3 as $10,000 As provided in evidenced by submission of all Section 12 of Grantee shall prepare of the following: this Scope of Quarterly Report #3 on Work, .below. selected topics, hold a 1. Quarterly Report #3. presentation for 2. Copy of PowerPoint commissioners and an presentations prepared for educational workshop for Commission meeting and the public in accordance public workshop. with Section 3.C. of this 3. Handouts and Scope of Work. informational materials Deliverable due date: prepared for Commission June 15, 2020 meeting and public workshop. 4. Copy of the notice or advertisement of the public workshop. 5. Copy of meeting minutes or written summary of the Commission meeting and the public workshop including any issues or concerns identified or discussed during the meetings. 6. Summary of evaluation sheets from public workshop. 7. Summary report from quarterly reports, identifying the County's knowledge of impacts to their portion of the Lagoon with recommendations for management and identification of funding Page 23 of 37 140 6. SUBCONTRACTS. In accordance with Section Y., Assignments and Subcontracts, of this Agreement and subject to the terms and conditions in sections Y.1. through 7 of this Agreement, this paragraph constitutes DEO's written approval for Grantee to subcontract for any of the deliverables and/or tasks identified in the Scope of Work for this Agreement. A copy of the executed subcontract(s) shall be provided to DEO's Agreement Manager upon execution by the Parties. Grantee shall be solely liable for all work performed and all expenses incurred as a result of any such subcontract. 7. DELIVERABLE DUE DATE. The "deliverable due date" is the date the deliverable must be received by DEO by 11:59 p.m. on that date. For extensions of deliverable due dates, see Section 15 of this Scope of Work. 8. BUSINESS DAY; COMPUTATION OF TIME. For the purpose of this Agreement, a "business day" is any day that is not a Saturday, Sunday, or a state or federal legal holiday. In computing any time period provided in this Agreement, the date from which the time period runs is not counted. The last day of the time period ends at 11:59 p.m. on that day. 9. COST SHIFTING. The deliverable amounts specified within the Deliverables section above are established based on the Parties' estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DEO's ability to approve and reimburse allowable costs, incurred by Grantee in providing the deliverables herein. Prior written approval from DEO's Agreement Manager is required for changes to the above Deliverable amounts that do not exceed ten (10) percent of each deliverable total funding amount. Changes that exceed ten (10) percent of each deliverable total funding amount will require a formal written amendment, as described in Section D., Renegotiation or Modification, of this Agreement. Regardless, in no event shall DEO reimburse costs of more than the total amount of this Agreement. 10. INVOICE SUBMITTAL AND PAYMENT A. DEO agrees to reimburse the Grantee for costs under this Agreement in accordance with Section K, Invoices and Payments, of this Agreement in the amount(s) identified per deliverable in Section 5 of this Scope of Work, above. The deliverable amount specified does not establish the value of 141 sources to revitalize the Lagoon. Grantee shall submit copies of all required documentation identified above on paper or electronically in MS Word or PDF format. If maps are required, they shall be provided on a compact disc in PDF format with ArcGIS compatible shapefiles if they are available. Total Amount Not to Exceed $30,000.00 6. SUBCONTRACTS. In accordance with Section Y., Assignments and Subcontracts, of this Agreement and subject to the terms and conditions in sections Y.1. through 7 of this Agreement, this paragraph constitutes DEO's written approval for Grantee to subcontract for any of the deliverables and/or tasks identified in the Scope of Work for this Agreement. A copy of the executed subcontract(s) shall be provided to DEO's Agreement Manager upon execution by the Parties. Grantee shall be solely liable for all work performed and all expenses incurred as a result of any such subcontract. 7. DELIVERABLE DUE DATE. The "deliverable due date" is the date the deliverable must be received by DEO by 11:59 p.m. on that date. For extensions of deliverable due dates, see Section 15 of this Scope of Work. 8. BUSINESS DAY; COMPUTATION OF TIME. For the purpose of this Agreement, a "business day" is any day that is not a Saturday, Sunday, or a state or federal legal holiday. In computing any time period provided in this Agreement, the date from which the time period runs is not counted. The last day of the time period ends at 11:59 p.m. on that day. 9. COST SHIFTING. The deliverable amounts specified within the Deliverables section above are established based on the Parties' estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DEO's ability to approve and reimburse allowable costs, incurred by Grantee in providing the deliverables herein. Prior written approval from DEO's Agreement Manager is required for changes to the above Deliverable amounts that do not exceed ten (10) percent of each deliverable total funding amount. Changes that exceed ten (10) percent of each deliverable total funding amount will require a formal written amendment, as described in Section D., Renegotiation or Modification, of this Agreement. Regardless, in no event shall DEO reimburse costs of more than the total amount of this Agreement. 10. INVOICE SUBMITTAL AND PAYMENT A. DEO agrees to reimburse the Grantee for costs under this Agreement in accordance with Section K, Invoices and Payments, of this Agreement in the amount(s) identified per deliverable in Section 5 of this Scope of Work, above. The deliverable amount specified does not establish the value of 141 the deliverable. Pursuant to section 215.971(1), F.S., Grantee will be reimbursed for allowable costs incurred during the Agreement Period by Grantee in carrying out the Project. B. Subject to the terms and conditions of this Agreement, an itemized invoice for each deliverable shall be submitted to DEO's Agreement Manager by U. S. Mail or by electronic mail with the deliverable for which the invoice is submitted. Invoices are not required to be submitted through the Ariba Supplier Network described in Section K.2. of this Agreement. Invoices shall be submitted in the format shown on Attachments 1-A, 1-13, and 1-C hereto, electronic copies of which shall be provided by DEO to the Grantee. Grantee shall use Attachment 1-A if work for the deliverable is completed entirely by a subcontractor, Attachment 1-13 if work for the deliverable is completed entirely by Grantee's employee(s), and Attachment 1-C if work for the deliverable is completed both by a subcontractor and by Grantee's employee(s). C. Grantee shall provide one (1) itemized invoice for each deliverable submitted during the applicable period of time. The invoice shall include, at a minimum, the following: 1. Grantee's name and address; 2. Grantee's federal employer identification number; 3. the Agreement number; 4. the Grantee's invoice number; 5. an invoice date; 6. the dates of service; 7. the deliverable number; 8. a description of the deliverable; 9. a statement that the deliverable has been completed; and 10. the amount being requested. D. Grantee shall submit a final invoice no later than 60 days after this Agreement ends or is terminated as provided in Section K.5. of this Agreement. E. Documentation that must accompany each itemized invoice: The following documents shall be submitted with the itemized invoice: 1. For Work Performed by a Subcontractor: a. A cover letter signed by the Grantee's Agreement Manager certifying that the payments claimed for the deliverables were specifically for the project, as described in this Scope of Work; b. Copies of paid invoices submitted to Grantee by the Subcontractor; and c. Proof of payment of invoices submitted to Grantee by the Subcontractor for work performed pursuant to this Agreement (e.g., cancelled checks, bank statement showing deduction). 2. For Work Performed by Grantee's Employees: a. A cover letter signed by the Grantee's Agreement Manager certifying that the payments claimed for the deliverables were specifically for the project, as described in this Scope of Work. b. Identification of Grantee's employees who performed work under this Agreement and, for each such employee: 142 i. The percentage of the employee's time devoted to work under this Agreement or the number of total hours each employee devoted to work under this Agreement. ii. Payroll register or similar documentation that shows the employee's gross salary, fringe benefits, other deductions, and net pay. If the employee is paid hourly, a document reflecting the hours worked times the rate of pay is acceptable. c. Invoices or receipts for other direct costs. d. Usage log for in-house charges (e.g., postage, copies, etc.) that shows the number of units times the rate charged. The rate must be reasonable. F. Payment shall be provided to Grantee in accordance with Section K., Invoices and Payments, of this Agreement. 11. SUBMITTAL, REVIEW AND ACCEPTANCE OF DELIVERABLES; NOTICE; OPPORTUNITY TO CURE. Grantee shall submit all deliverables to DEO's Agreement Manager. DEO will review all work submitted for payment under the deliverables and will determine in DEO's sole and absolute discretion whether the deliverables are sufficient to satisfy the requirements in this Scope of Work. Within 15 business days after receipt of a deliverable, DEO shall provide written notice to Grantee by electronic mail of DEO's determination that the deliverable is sufficient and is accepted or that the deliverable is not sufficient to satisfy the requirements in the Scope of Work and how the Grantee can address the insufficiency. If DEO determines that a deliverable is not sufficient under this Agreement, Grantee shall have 10 business days from the date of receipt of notice from DEO to correct the insufficiency, and during this 10 business day period, the financial consequences specified in Section 12 of this Scope of Work will not be assessed. DEO may extend this timeframe in writing (which may be by electronic mail) if Grantee is actively working with DEO to resolve the insufficiency; provided, however, that any extension of time under this _section will not extend the Agreement Period in Section A. of this Agreement and provided further that, notwithstanding the timeframes in this section, all deliverables and tasks must be completed on or before the end of the Agreement Period in Section A of this Agreement. An extension of time under this section does not require an amendment to this Agreement. Payment for a deliverable shall not be due until DEO notifies the Grantee's Agreement Manager in writing that the deliverable or corrected deliverable is sufficient under the Scope of Work and is accepted by DEO. 12. FINANCIAL CONSEQUENCES A. Financial consequences of $50 a business day up to a maximum of $500 shall be imposed in each of the following circumstances: 1. Grantee submits a deliverable to DEO more than ten (10) business days after the deliverable due date. Financial consequences begin to accrue on the eleventh business day following the deliverable due date and continue until the deliverable is received by DEO or the maximum financial consequence accrues, whichever occurs first. 2. Grantee is given a notice of insufficiency and fails to submit to DEO a corrected deliverable within the timeframe provided in Section 11 of this Scope of Work. Financial consequences begin to accrue on the business day following the deadline under Section 11 of this Scope of Work and continue until the corrected deliverable is received by DEO or the maximum financial consequence accrues, whichever occurs first. B. Imposition of the above described financial consequences shall in no manner affect DEO's right to impose or implement other provisions in this Agreement including the right to terminate this Agreement. 143 13. PRELIMINARY DRAFT DELIVERABLES; DEO REVIEW AND COMMENT. Preliminary draft deliverables of proposed or adopted comprehensive plan amendments are required to be provided to DEO for comment prior to the deliverable due date as provided in Section 3. of this Scope of Work. Unless other preliminary draft deliverables are required to be submitted to DEO under Section 3 of this Scope of Work, above, Grantee is encouraged, but not required, to submit preliminary drafts of all substantive written deliverables (e.g., master plans, studies, reports) to DEO for review and comment no later than ten (10) business days before the deliverable due date. If DEO provides comments, Grantee is urged to address them in the deliverable submitted to DEO for payment. If submission of a preliminary draft deliverable for DEO review and comment is required under Section 3 of this Scope of Work, above, DEO shall provide comments to the Grantee no later than four business days before the deliverable due date and the deliverable must address DEO's comments. 14. LIMITED COMPLIANCE REVIEW; NO DUPLICATION OF WRITTEN MATERIAL. Proposed comprehensive plan amendments that are deliverables under the Scope of Work must be "in compliance" as defined in section 163.3184(1)(b), F.S., and will be evaluated for compliance as part of DEO's review and determination of whether the deliverable is sufficient to satisfy the requirements in the Scope of Work. DEO's compliance determination will be a limited determination without input from the reviewing agencies identified in section 163.3184(1)(c), F.S. A limited compliance determination for the purpose of this Agreement is not binding on DEO in a subsequent review under section 163.3184, F.S. Further, a limited compliance determination under this Agreement does not preclude review and comment by reviewing agencies and does not preclude a challenge to the adopted plan amendment by DEO based on comments by DEO or other reviewing agencies. Documents submitted to DEO for payment under this Agreement may not copy or duplicate reports or other written material prepared prior to the Agreement Period in Section A., Agreement Period, of this Agreement or prepared by or on behalf of someone other than the Grantee for a purpose other than the specific grant project identified in this Scope of Work. At the option of the Grantee, copies of such relevant documents may be appended to documents submitted to DEO for payment. 15. EXTENSIONS OF TIME OF DELIVERABLE DUE DATES. Notwithstanding Section D., Renegotiation or Modification, of this Agreement, DEO's Agreement Manager, in DEO's sole discretion, may authorize extensions of deliverable due dates without a written modification of this Agreement. Extensions shall be requested by Grantee's Agreement Manager (not Grantee's consultant or subcontractor) in accordance with the following: A. Requests for extension of one or more deliverable due dates shall be submitted by Grantee's Agreement Manager in writing (which may be by electronic mail) to DEO's Agreement Manager no later than one (1) business day before the deliverable due date (or the earliest of multiple due dates for which the extension is requested); B. A request for an extension of time received by DEO's Agreement Manager on or after the deliverable due date to which the extension applies will not be granted; C. If requested by DEO's Agreement Manager, Grantee's Agreement Manager must explain the reason for the requested extension; and D. DEO's Agreement Manager shall approve or deny a request for extension of a deliverable due date by electronic mail to Grantee's Agreement Manager within two (2) business days after receipt of the request. Only written approvals of extensions shall be effective. 144 This authority and procedure do not apply to an extension of the Agreement Period defined in Section A., Agreement Period, of this Agreement. 16. ADVERTISING AND INFORMATION RELEASE. Notwithstanding Section J., Advertising and Sponsorship Disclosure, and Section F., Records and Information Release, of this Agreement, Grantee is authorized to disclose to the public on its website or by other means that it has been awarded a Community Planning Technical Assistance Grant from DEO for the work described in this Scope of Work. 17. NOTIFICATION OF INSTANCES OF FRAUD. Instances of Grantee's operational fraud or criminal activities shall be reported to DEO's Agreement Manager in writing within twenty-four (24) chronological hours. 18. NON-DISCRIMINATION. Grantee shall not discriminate unlawfully against any individual employed in the performance of this Agreement because of race, religion, color, sex, physical handicap unrelated to such person's ability to engage in this work, national origin, ancestry, or age. Grantee shall provide a harassment -free workplace, with any allegation of harassment to.be given priority attention and action. 19. GRANTEE'S RESPONSIBILITIES UPON TERMINATION. If DEO issues a Notice of Termination to Grantee, except as otherwise specified by DEO in that notice, the Grantee shall: A. Stop work under this Agreement on the date and to the extent specified in the notice; B. Complete performance of such part of the work as shall not have been terminated by DEO; C. Take such action as may be necessary, or as DEO may specify, to protect and preserve any property which is in the possession of Grantee and in which DEO has or may acquire an interest; and D. Upon the effective date of termination of this Agreement, Grantee shall transfer, assign, and make available to the DEO all property and materials belonging to DEO. No extra compensation will be paid to Grantee for its services in connection with such transfer or assignment. 20. CONFLICTS BETWEEN SCOPE OF WORK AND REMAINDER OF AGREEMENT. In the event of a conflict between the provisions of this Scope of Work and other provisions of this Agreement, the provisions of this Scope of Work shall govern. - Remainder of Page Intentionally Left Blank — 145 Attachment 1-A — Invoice: Grantee's Subcontractor(s) (Contractual Services) GRANTEE'S NAME: FEIN: Agreement No.: TO: Florida Department of Economic Opportunity Division of Community Development Attn.: Donna Cotterell 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, FL 32399 INVOICE INVOICE NO.: INVOICE DATE: FOR: [Grantee name] [Grantee address] [Grantee phone number] DESCRIPTION AMOUNT Dates of Service: Deliverable Completed: [copy description of the deliverable from Scope of Work, Section 3] Category expenditures: Contractual Services $_ TOTAL $ 146 Attachment 1-13 — Invoice: Grantee's Employee(s) GRANTEE'S NAME: FEIN: Agreement No.: TO: Florida Department of Economic Opportunity Division of Community Development Attn.: Donna Cotterell 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, FL 32399 INVOICE INVOICE NO.: INVOICE DATE: FOR: [Grantee name] [Grantee address] [Grantee phone number] DESCRIPTION AMOUNT Dates of Service: Deliverable Completed: [copy description of the deliverable from Scope of Work, Section 3] Category expenditures: Salaries $_ Fringe Benefits $_ Travel $_ Postage $_ [other direct costs: identify them] $_ TOTAL $ 147 GRANTEE'S NAME: FEIN: Agreement No.: TO: Florida Department of Economic Opportunity Division of Community Development Attn.: Donna Cotterell 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, FL 32399 INVOICE INVOICE NO.: INVOICE DATE: FOR: [Grantee name] [Grantee address] [Grantee phone number] DESCRIPTION AMOUNT Dates of Service: Deliverable Completed: [copy description of the deliverable from Scope of Work, Section 3] Category expenditures: Contractual Services $_ Salaries $_ Fringe Benefits $_ Travel $_ Postage $_ [other direct costs: identify them] $_ TOTAL $ DocuSign Envelope ID: D46D7F52-794F-4099-9ED2-B904C7A8FE19 Ron DeSantis GOVERNOR At€achment 1-D D FLORIDA DEPARTMEKr4f ECONOMIC OPPORTUNt1Y Agreement # P0359 Ren Lawson EXECUTIVE DIRECTOR GRANT AGREEMENT FINAL CLOSEOUT FORM FLAIR Contract ID: • AR con spmdahle wad aoa-console tangible prop" h nacg a useful lift of more tom one year and acquired at a cost of $1,090 or moa peg alit eith grant fnods as listed bel u. I do hereby oertiEy Ont the pmpedyi v ntorp descabed Recipient Name: ContractAmount One Vendor ED: Deob " ated Funds Quantity Contract End Date: Final Contract Amount Location Section A. Financial Reconciliation I. Total ' 'ent Funds Received from DEO 2. Total Recipient Expenditures 3. Balance of Unexpended Progmm Income from Section 4. If negative, this amount must be refunded to the Department If positive, this amount is to be remitted to the Recipient Section B: Statement of Recipient Income . • .]112M ens no redpiera income eamed wades this contact • 11M followtagovoynat income was cored ander this contact Description of t Income Source . Amount Expended Balance Total Prograrn Income $0.00 $0.00 $0.00 Section Q Propertv Inventory.Certification • No tangible propedFeu pfd in the eon period. • AR con spmdahle wad aoa-console tangible prop" h nacg a useful lift of more tom one year and acquired at a cost of $1,090 or moa peg alit eith grant fnods as listed bel u. I do hereby oertiEy Ont the pmpedyi v ntorp descabed belowis wad oomct Rlr 5 on will be seat immediately to the Department of FoonomicOpportw3fty if any changes aoaim in this iacem_aaF. I es'Il not dentin;, seB, or oOmrnise dispose of $es properly aithoat aattmpeunasion of One D tion of Invent Destxiption and Sinal Quantity Acquisitions Condition Location Number Cast Date Section D. Rea "eat Certification By signing below, I certify, that the above representations for Financial Reconciliation, Recipient Income, and Property Inventors are true and accurate. Name: tare: Title: Date Section E: DEO Internal Review and:Aa By signing below, I certify; that the above representations for Frnaacial Reconciliation, Recipient Income, and Property Inventory are true and accurate. Name. Sigrsature: Page 32 of 37 Rev. 5/30/19. 149 9 Attachment 2 AUDIT REQUIREMENTS The administration of resources awarded by DEO to the recipient (herein otherwise referred to as "Grantee") may be subject to audits and/or monitoring by DEO as described in this Attachment 2. MONITORING. In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited to, on-site visits by DEO staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event the DEO determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by DEO staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS. PART I: FEDERALLY FUNDED. This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from DEO. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). PART II: STATE FUNDED. This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. I In.the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a state single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial 150 assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass- through awards and resources received by a nonstate entity for federal program matching requirements. 2 For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (forfiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than state entities). PART III: OTHER AUDIT REQUIREMENTS. (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) N/A PART IV: REPORT SUBMISSION. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by Part I of this form shall be submitted, when required by2CFR §200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the recipient directly to each of the following: 151 a. DEO at each of the following addresses: Electronic copies (preferred) Audit@deo.mvflorida.com or Paper (hard copy): Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 b. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the recipient directly to: Electronic copies (preferred): or Paper (hard copy): Audit@deo.mvflorida.com Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 4. Any reports, management letters, or other information required to be submitted DEO pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION. The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting requirements are satisfied and final payments have been received, whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by DEO. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. - Remainder of Page Intentionally Left Blank - 152 EXHIBIT 1 to Attachment 2 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS -AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: N/A SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project: DEPARTMENT OF ECONOMIC OPPORTUNITY — CSFA 40.024 — GROWTH MANAGEMENT IMPLEMENTATION - $30,000. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT AREAS FOLLOWS: • ACTIVITIES ARE LIMITED TO THOSE IN THE SCOPE OF WORK. NOTE: Title 2 C.F.R. § 200.331, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. - Remainder of Page Intentionally Left Blank - 153 ATTACHMENT 3 Audit Compliance Certification Grantee Name: FEIN: Grantee's Fiscal Year: Contact Person Name and Phone Number: Contact Person Email Address: Did Grantee expend state financial assistance, during its fiscal year, that it received under any agreement (e.g., agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Grantee and the Department of Economic Opportunity (DEO)? Yes No If the above answer is yes, also answer the following before proceeding to item 2: Did Grantee expend $750,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year? Yes No If yes, Grantee certifies that it will timely comply with all applicable state single or project -specific audit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. Did Grantee expend federal awards, during its fiscal year that it received under any agreement (e.g., agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Grantee and DEO? Yes No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did Grantee expend $750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? Yes No If yes, Grantee certifies that it will timely comply with all applicable single or program -specific audit requirements of 2 C.F.R. part 200, subpart F, as revised. By signing below, I certify, on behalf of Grantee, that the above representations for items 1 and 2 are true -and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative 154 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: North County Offices at Sebastian Corners (IRC -1744) Final Payment and Release of Retainage and Change Order No DATE: October 16, 2019 DESCRIPTION AND CONDITIONS On August 14, 2018, the Board of County Commissioners awarded Bid No. 2018059 to W & J Construction Corp. in the amount of $1,775,911.00 for the renovation of Sebastian Corners for the relocation of the County Tax Collector, Property Appraiser, Utilities, Clerk of the Circuit Court and Veteran's Services. While the Grand Opening for the new offices was held on July 31, 2019, work continued on the project including the installation of new building and monument signage to help customers find the new offices, and replacement of dead landscaping throughout the property. Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $11,238.72 for a final contract cost of $1,764,672.28 and makes final contract time adjustments. W & J Construction Corp. has successfully completed the project and has been paid $1,418,665.72 with $74,666.62 held in retainage. W & J Construction Corp. has submitted Contractor's Application for Payment No. 9 for final payment and release of retainage in the amount of $346,006.56. Once final release of liens from all W & J Construction Corp. subcontractors have been received, reviewed and approved, final payment will be processed. 11101_171itc7 Funding is budgeted and available from the following: Optional Sales Tax/Facilities Management Account No. 31522019-066510-17018 N. County Office Bldg - Sebastian Corners $271,339.94 Optional Sales Tax/Retainage — W& J Construction Account No. 315-206000-17018 N. County Office Bldg - Sebastian Corners $74,666.62 155 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 9 to W & J Construction Corp. in the amount of $346,006.56 for final payment and release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Change Order No. 1 2. Contractor's Application for Payment No. 9 APPROVED AGENDA ITEM FOR NOVEMBER 5, 2019 156 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 11/05/2019 No. 1 FINAL EFFECTIVE DATE) 1/05/2019 OWNER: Indian River County CONTRACTOR W & J Construction, Corp. Project: NORTH COUNTY OFFICES AT SEBASTIAN CORNERS OWNER's Project No. IRC -1744 OWNER'S Bid No. 2018059 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items and contract times in order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount -Description Original Contract Price $1,775,911.00 Net decrease of this Change Order: $11,238.72 Contract Price with all approved Change Orders: $1,764,672.28 ACCEPTED: By:W & J Construction Corp. CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days/dates) Substantial Completion: 180 4/12/2019 Final Completion: 210 5/13/2019 Net increase (decrease) this Change Order: (days or dates) Substantial Completion: 52 Final Completion: 52 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 232 6/3/2019 Final Completion: 262 7/4/2019 RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: 157 SECTION 00622 - Contractor's Application for Payment NORTH COUNTY OFFICES AT SEBASTIAN CORNERS Application for Payment No. 9_ For Work Accomplished through the period of 7/1/2019 throuqh 9/30/2019 To: Indian River County (OWNER) From: W&J Construction Corp (CONTRACTOR) Project No.: IRC -1744 Bid No.: 2018059 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $1,775,911.00 2. Net change by Change Orders and Written Amendments (+ or $0.00 3. Current Contract Price (1 plus 2): $1,775,911.00 4. Total completed and stored to date: $1,764,672.28 5. Retainage (per Agreement): 0% of completed Work: % of retainage: $ Total Retainage: $00 6. Total completed and stored to date less retainage (4 minus 5): $1,764,672.28 7. Less previous Application for Payments: $1,418,665.72 8. DUE THIS APPLICATION (6 MINUS 7): $346,006.56- CONTRACTOR'S 346,006.56 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 158 159 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka P.E., Public Works Director SUBJECT: Work Order No. 9, REI Engineers, Inc. — IRC Main Library Roof Replacement (IRC 1838) DATE: November 5, 2019 DESCRIPTION AND CONDITIONS On April 18, 2014, the Board of County Commissioners approved a Continuing Contract Agreement with REI Engineers, Inc. to perform roofing consultation services to include evaluations of existing roofing conditions, design solutions for remedial work, design solutions for roof replacement, preparation of design documents, and project management. On February 6, 2018, the Board of County Commissioners approved an Extension to the Continuing Contract for an additional 3 -years. The purpose of Work Order No. 9 is to review and assess repairs to the roof at the Indian River County Main Library and prepare construction drawings, assist with bidding and provide construction administration services for the project for a total lump sum amount of $33,250.00 FUNDING Funding in the amount of $33,250.00 is budgeted and available in ,Optional Sales Tax Facilities Management/Account number 31522019-066510-20003/Main Library Roof. RECOMMENDATION Staff recommends approval of Work Order No. 9 for REI Engineers, Inc., authorizing the above-mentioned professional services as outlined in the attached Scope of Services (Exhibit A) and requests the Board authorize the Chairman to execute Work Order No. 9 on their behalf for the total lump sum amount of $33,250.00. ATTACHMENTS REI Engineers, Inc. Work Order No. 9 Exhibit A APPROVED AGENDA ITEM FOR NOVEMBERS, 2019 160 WORK ORDER NUMBER 9 IRC -1838 IRC Main Library Roof Replacement This Work Order Number is entered into as of this day of pursuant to that certain Continuing Contract Agreement for Roof Consultation Services, dated April 15th, 2014, and.extended on February 6, 2018 for an additional 3 -year term, (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and REI Engineers, Inc. ("Consultant"). All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) licensed with the State of Florida and staff employed directly with yourfirm.. Scope of Services: Indian River County is requesting that REI Engineers, Inc., review and assess repairs necessary, prepare construction drawings consisting of roof plans and details which depict the Scope of Work, assist in the bidding phase; and provide construction administration services necessary to complete the roof replacement on the Main Library building at 1600 211t Street, Vero Beach, FL 32960. All work shall be performed in accordance with the attached Proposal dated October 24, 2019 (EXHIBIT "A") and shall comply with Standards enumerated in the Continuing Contract Agreement for Professional Services, dated April 15, 2014, and extended on February 6, 2018 for an additional 3 -year term. Compensation: The COUNTY agrees to pay, and REI Engineers, Inc. agrees to accept, $33,250.00 for services rendered according to the Proposal dated October 24, 2019, identified in the attached EXHIBIT'.'A", incorporated by reference herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: REI ENGINEERS, INC. By: Mark Renninger Branch Manager By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari, Chairman BCC Approved Date: Attest, Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown; County Administrator Dylan T. Reingold, County Attorney 161 E N G I N E E R S October 24, 2019 EXHIBIT A Indian River County 1801 27th Street Vero Beach, FL 32960 Attention: Richard B. Szpyrka P.E. Public Works Director Reference: Proposal for Engineering Services Contract Documents and Construction Administration Main Library Roof Replacement REI Proposal No: P18TPA-030 Dear Mr. Szpyrka: In response to our recent discussions, we are pleased to submit this proposal for your consideration. The roof areas outlined in this proposal include roof sections of the facility located at 1600 21St Street, Vero Beach, Florida 32960 (totaling approximately 29,555 square feet). The following is an outline of the proposed services for Contract Documents and Construction Administration: I. CONTRACT DOCUMENTS A. Conduct the site visit(s) to develop detailed Contract Documents for the subject building. B. Extract roof samples to identify roof system composition and condition. Cored locations to be repaired with compatible materials. C. Perform the following engineering design calculations for all roof areas which will be sealed by a Licensed Engineer: D. Determine design wind loads in accordance with ASCE 7 as required by the current edition of the State Building Code. E. Determine Primary drainage for compliance with the current edition of the State Plumbing Code. F. Determine Existing and proposed roof system R -Value for compliance with the current edition of the State Energy Conservation Code. G. Estimate existing and proposed roof system dead load unit weights to determine load change and the need for a structural analysis. If a structural analysis is required, REI will coordinate applicable work with a licensed Structural Engineer. The cost for the structural analysis (if necessary) is not included in this proposal.. Engineering solutions for tomorrow" 10150 Highland Manor Drive, Suite 200 Tampa, FL 33610 PAGE f OF 3 reiep i9eers.com 813.944.2137 [�_�] ENGINEERS H. Prepare comprehensive scaled drawings for conditions present to ensure competitive bids are received. All plans and details to be developed on Computer Aided Drafting (AutoCAD). I. Prepare technical specifications of the removal or other preparation of the existing roofing system(s), roof system(s) and sheet metal for the building. J. _ Issue preliminary Contract Documents for Owner review. Upon acceptance, final Contract Documents will be prepared and submitted. K. Provide bidding assistance to Owner. L. Attend one Pre -Bid Meeting for potential contractors to review the Contract Documents and resolve any questions that may arise during the bid stage of the project. M. Bids shall be analyzed and a recommendation made based on low bid, alternates, contractor's past performance and Owner's budget restrictions. Submit a certified Bid Tabulation and recommendation for award. H. CONSTRUCTION ADMINISTRATION A. Review and accept, as appropriate, shop drawings and submittals as required by the Contract Documents. Return unacceptable submittals to contractor as required until compliance with specifications is realized. B. Attend a pre -construction meeting with the successful contractor to ensure a clear understanding of the plans and specifications. C. Perform quality assurance site visit once every five working days, Monday through Friday, to verify work is in compliance . with the Contract Documents. Photographs will be taken as deemed necessary for documentation. REI cannot comment on work that takes place and covered while REI is not onsite. D. Prepare and submit reports from each quality assurance site visit relaying information pertaining to weather, area worked, application methods, material types installed. during the site visit, and listing of non -conforming items requiring Contractor's correction. E. Review any change orders developed by the owner as needed to address changes to the contract requirements. F. Upon notification by the contractor that the job is fully complete, a final inspection will be conducted with REI, contractor and Owner personnel. A final inspection report will be submitted .upon verifying completion or if necessary, an additional punch list will be prepared. G. Upon completion of work, verify compliance of warranties and forward to Owner with close out documents and final billing. H. Conduct a 2 -year Contractor Warranty Inspection before the warranty expires to address warranty issues with the Contractor and Manufacturer. Engineering solutions for tomorrow'' PAGE 2 OF 3 10150 Highland Manor Drive, Suite 200 reiet63eers.com Tampa, FL 33610 813.944.2137 [2E ENGINEERS III. PROPOSED SCOPE OF CONSTRUCTION WORK A. Remove existing roof systems down to the existing structural deck and provide new roof system along with sheet metal flashing and accessories to provide a complete, watertight, warrantable roof assembly. IV. ESTIMATED CONSTRUCTION COSTS & ENGINEERING FEES Based on the anticipated scope of work for this project, the opinion of probable construction costs and proposed engineering fees are: Engineerin Fees: ees: Contract Documents: Contract Documents................................................................ $18,450.00 Bidding....................................................................................... $1,250.00 Construction Administration: Construction Administration..................................................... $13,550.00 Total Engineering Fee....................................................................... $33,250.00 V. PROJECT SCHEDULE A. Preliminary Contract Documents shall be completed within thirty (30) days of Notice to Proceed. Final Contract Documents shall be completed and sealed within ten (10) days of receipt of comments. B. Construction Administration shall be performed during the estimated construction duration and the project closeout process. This work is expected to take forty-five (45) days calendar days. If this proposal meets with your approval, please notify us in writing. This proposal will remain firm for a period of thirty (30) days. After that time, we reserve the right to review scheduled commitments and prices. If you have any questions, please do not hesitate to call. REI Engineers Mark Renninger, PE, RRC Branch Manager Engineering solutions for tomorrow'" 10150 Highland Manor Drive, Suite 200 Tampa, FL 33610 PAGE 30F3 reiet64eers.com 813.944.2137 DATE: TO: THROUGH: FROM: SUBJECT: INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION October 28, 2019 BOARD OF COUNTY COMMISSIONERS Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager CONSENT 19? Final Ranking of Firms and Authorization to Negotiate - RFP 2020006 Sandridge Golf Cart Fleet Replacement BACKGROUND: On behalf of Sandridge Golf Club, Requests for Proposals (RFPs) were solicited for the purchase of 160 golf carts, one driving range car with safety cage, one beverage car and one utility cart to replace the existing fleet, which was purchased in 2015. The RFP also anticipates trade in of most of the existing fleet of Yamaha golf carts (with a few of the best carts retained as spares) and one driving range car. RFP RESULTS: Advertising Date: September 6, 2019 RFP Opening Date: October 1, 2019 Solicitation Broadcast to: 68 Subscribers Replies: 3 Vendors ANALYSIS: A selection committee comprised of Kristin Daniels, CGFO, Director, Office of Management and Budget, Michael Zito, General Services Director, Bela Nagy, PGA Director of Golf, and Kevin Kirwin, Director, Parks and Conservation Resources, independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. Evaluation criteria included proposed vehicles, timeline, price proposal and qualifications. These scores were compiled by the committee and an overall initial ranking of firms developed. Although pricing was only a portion of the criteria on which vendors were scored, proposed pricing for the base model golf carts as specified is provided as follows: Firm Total Price for New Carts Discount for Trade -Ins Total Proposal Price Yamaha Golf Car Company $683,200.00 $438,300.00 $244,900.00 165 CONSENT Firm Total Price for New Carts Discount for Trade -Ins Total Proposal Price E -Z -GO $697,267.00 $408,200.00 $289,067.00 Club Car, LLC $769,100.20 $360,300.00 $408,800.20 After discussions, the committee determined interviews with the vendors were not necessary and designated the initial ranking of proposals to be final. Staff is prepared to negotiate final cart options and cost with the top ranked vendor and present final pricing information to the Board later this month. The final ranking developed by the committee is: I Proposing Firm 1. Yamaha Golf -Car Company 2. E -Z -GO Division of Textron, Inc. 3. Club Car, LLC The total cost for the fleet replacement with the base models, including trade-in deduction is anticipated to be $9,600 less than paid in 2015. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of proposals and authorize negotiations with the top ranked vendor, Yamaha Golf -Car Company. 166 CONSENT INDIAN RIVER COUNTY 9Q OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: . October 29, 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: Approval of Sealed Bid Sale of Parcels as Proceeds to SHIP — Bid 2020010 BACKGROUND: On June: 4, 2019, the Board directed the Purchasing Division to sell five vacant county owned surplus properties, with proceeds of the sales to be contributed to the county's affordable housing (SHIP) trust fund for the provision of affordable housing. In accordance with F.S. 125.35, legal advertisements announcing the sealed bid sales appeared in the Press Journal on October 6 and October 13, 2019. The sale was also posted on the Purchasing web page, and yard signs placed on each lot. Sealed bids were received and opened on October 29, 2019 with results shown in the table below. Property Azlee Baker Conrad Jenkins Property 1 - 4887 34th Ave No Bid No Bid Property 2: 4845 33rd Ave No Bid No Bid, Property 3: 3985 46th PI No Bid No Bid Property 4: 4246 28th Ave $5,500 DQ (no signed agreement provided) Property.5: 840 8th Ct SW No Bid No Bid Staff will re -attempt sale of the four unsold lots at a later date, either through auction or sealed bid sale. RECOMMENDATION: Staff recommends that the Board of County Commissioners ratify and accept the high bid of $5,550 for 4246 28th Ave submitted by Azlee Baker. Staff further recommends the Board approve the sample Agreement to Purchase and Sell Real Estate and authorize the Chairman to execute the agreement. Finally, staff recommends the Board authorize the County Attorney's staff to prepare and execute any other necessary documents to complete the sale. ATTACHMENTS: Sample Agreement to Purchase and Sell Real Estate 167 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of November , 2019, by and between Indian River County, ("County"), a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960; and (buyer's full name) (buyer's address) (city) (state)_ (zips ("Buyers"), who agree as follows: 1. Agreement to Purchase and Sell. The County hereby agrees to sell to the Buyers, and the Buyers hereby agrees to purchase from County, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 4246 28th Ave and more specifically described on Exhibit "A" attached hereto and incorporated by reference, containing approximately 0.18 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the Property shall be 00/00 Dollars ($ .00). (written purchase price) (numeric purchase price) The Buyer has paid and the County acknowledges receipt of a cashier's check in the amount of ten percent (10%) of - the purchase price or 00/00 Dollars ($ .00) J(10% of written purchase price) j(numeric) that is currently being held in escrow by the County (Escrowed Funds). The balance of the Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County approves the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. County shall convey marketable title to the Property by County Deed free of claims, liens, easements and encumbrances of record or known to County; 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 Buyer's intended use and development of the Property ("Permitted Exceptions"). 4. Representations of the County. 4.1 County is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, County shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the Buyers. 4.3 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. Default. 5.1 In the event the Buyers 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 Buyers at or prior to the Closing Date and thereupon retain the Escrowed Funds as liquidated damages. Neither the County nor any other person or party shall have any claim for specific performance, damages, or otherwise against the Buyers; or (ii) waive the Buyer's default and proceed to Closing. 5.2 In the event the County shall fail to perform any of its obligations hereunder, the Buyers shall, at its sole option, be entitled to terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Buyers 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. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 30 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) The County shall execute and deliver to the Buyers a County Deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The County shall have removed all of its personal property and equipment from the Property and the County shall deliver possession of the Property to Buyers vacant and in the same or better condition that existed at the Effective Date hereof. (c) If County is obligated to discharge any encumbrances at or prior to Closing and fails to do so, Buyers may use a portion of Purchase Price funds to satisfy the encumbrances. (d) The County and the Buyers shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 7. Closing Costs; Expenses. Buyers shall be responsible for preparation of all Closing documents. 169 7.1 Buyers shall pay the following expenses at Closing: 7.1.1 The cost of recording the County deed and any release or satisfaction obtained by County pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.1.4 Current taxes which are not yet due and payable 7.2 County shall pay the following expenses at or prior to Closing: 7.2.1 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. Miscellaneou 8.1 Controllinq Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River Buyers for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 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 County and the Buyers 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. 8_3 Assignment and Binding Effect. Neither Buyers nor County 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. 8.4 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 Buyers: [Buyer's full name: ity, State, Zip: hone: mail _- 170 If to County: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL. 32960 Phone: 772-226-1426 bdebraal@ircgov.com Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.6 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. 8.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.8. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.0 Property is Being sold "Where Is, As Is" The County makes no guaranty or warranty as to the Property or any of its structures or their contents. The sale is not contingent upon buyer obtaining financing. This sale is not contingent upon a satisfactory inspection report. Buyer's Initials I I Buyer's initials II 171 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. Buyer: FI Print Name: Im— Print Name: Date Signed by Buyer.- Approved as to form and legal Sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bv: Bob Solari, Chairman Date BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 172 Exhibit A 173 Sketch and Legal Description for:INDIAN RIVER COUNTY LEGAL DESCRIPTION PER O.R.B. 2889, PG. 1149 COMMENCE AT THE SOUTHWEST CORNER OF THE ANNA (GRAY) BATTLE TRACT AND RUN NORTH ALONG WEST LINE 261 FEET, THENCE EAST 25 FEET TO THE POINT OF BEGINNING. THENCE RUN NORTH 50 FEET, THENCE EAST 159 FEET, THENCE SOUTH 50 FEET, THENCE WEST 159 FEET TO THE POINT OF BEGINNING. SAID TRACT BEING MORE PARTICULARLY DESCRIBED IN SECTION 26, TOWNSHIP 32, RANGE 39. Containing 7950 Sq. Ft.± (0.18 Acres±) Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by Lawson, Noble & Webb, for Indian River County, Project No. 9219, Dated Julyl 28, 2003. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and Sealed with an embossed surveyor's seal. Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.O. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RM/ = RIGHT-OF-WAY T = TOWNSHIP Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. DATE OF SIGNATURE This is not a Boundary Surrey AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ANGINEERING DIV. UAI t: UNAWN t3Y: 9/25/19 R. INGLETT SCALE: APPROVED BY: N/A I D. SCHRYVER 1 OF 2 DAVID W. SCHRYVER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 Sketch and Legal Description for: INDIAN RIVER COUNTY (4246 28th AVENUE) Sketch' and I 01 NOT TO SCALE 25' al Description for: INDIAN RIVER COUNTY I 32-39-26-00000-3000-00042.0 LADONNA RIGGINS 4250 28th AVENUE 25' O.R.B. 2879, PG. 1956 i j EAST - 159.00' 32-39-26-00005-0120-00002.0 JUUUS BAKER C 4231 27th AVENUE L 32-39-2 -00000-3000-00041.0 O.R.B. 1565, PG. 1867 O INDIAN RIVER COUNTY Q F- 0= 4246 28th AVENUE 00 = O O O.R.B. 2889, PG. 1149 (� Z / / / / / /./ / / / / oil ._ EAST 7950 SQ. FT.± (0.18 ACRES±) 00 o 25:00'111111114111 WEST - 159.00' Point of 32-3s-2s-a000s-0120-00004.0 Beginning ALTAMESE AND ENRIQUE KIRKS 32-39-26-00000-3000-00040.0th AVENUE MOUNT ZION CHURCH O.R.B.ORRB. 2024, PG. 2377 4240 28th AVENUE 32-39-26-00000-3000-00039.0 GODFREY GIPSON 28th AVENUE O.R.B. 1984, PG. 2009 LLJ O Z J � r Cq Q 1 3. U- �C O O I = Z I� SOUTHWEST CORNER OF THE ANNIE (GRAY) BATTLE TRACT _ _ RIGHT OF WAY LINE i N ; 42nd Street t (50' RIGHT OF WAY) Of i t RIGHT OF WAY UNE Legend and Abbreviations C.R. = COUNTY ROAD LLC = LIMITED LIABILITY COMPANY I.R.F.W.C.D.= INDIAN RIVER FARMS O.R.B. = OFFICIAL RECORD BOOK WATER CONTROL DISTRICT (P) = PLAT L = LENGTH OF ARC P.B. = PLAT BOOK This is not a Boundary AGENCY: INDIAN PUBLIC WORKS DATE: = DELTA ANGLE 9/25/19 R SCALE: R/W = RIGHT-OF-WAY N/A SHEET: 2 OF 2 RIVER COUNTY, FL DEPT./ENGINEERING DIV. R. INGLETT PGE =PAGE PBS = PLAT BOOK ST. LUCIE a = DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP Sketch and Legal Description for: kPPROVED BY: INDIAN RIVER COUNTY D. SCHRYI/ER OB NO: (4246 28th AVENUE) 3051 Indian River County, Florida S'k Department of Utility Services Board Memorandum Date: October 24, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Work Order No. 7 for Masteller & Moler, Inc., 8th Street 24" Force Main Relocation FDOT Project 437717-1 Background: The Florida Department of Transportation (FDOT) is in the design phase of the replacement of the 8th Street (CR 612) Bridge at 741h Avenue. The project will impact an existing Indian River County Department of Utility Services (IRCDUS) sewer utility along the 8th Street right of way. IRCDUS recommends hiring Masteller & Moler, Inc. (MM) to prepare a utility relocation design. Analysis: On April 17, 2018, the Board of County Commissioners (BCC) approved the Continuing Contract Agreement for Professional Services with MM. In accordance with that agreement, MM will provide professional services to prepare Engineering Design Plans and Specifications. Funding: Funds for this project are derived from operating capital funds. The operating fund budget is derived from water and sewer revenues. Description Account Number Amount 8th Street 24" Forcemain Relocation 471-169000-20502 $ 53,540.00 Recommendation: Staff recommends the Board of County Commissioners approve Work Order No. 7 with Masteller & Moler, Inc., for a lump sum amount of $53,540.00. Attachments: 1. Work Order No. 7: Masteller & Moler, Inc. 176 CCNA2018 WORK ORDER 7 437717 8TH STREET 24" FM RELOCATION This Work Order Number 7 is entered into as of this _ day of 201_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018'(collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: MASTELLER & MOLER, INC. By: Print Name: Earl H. Masteller, PE, BCEE Title: President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 177 EXHIBIT "A" WORK ORDER 7 Stn Street 24" Force Main Relocation Masteller & Moler, Inc. is pleased to present you with Work Order Number 7 which provides Professional Engineering Services for design, permitting, and specifications with bidding services. Proiect Description The State of Florida Department of Transportation, along with Indian River County plans to construct a bridge replacement project for the 8th Street bridge over the Lateral "C" Canal at 74th Avenue in Vero Beach, Florida. Said project requires that Indian River County Utilities relocate certain existing wastewater improvements in advance of the referenced project in order to eliminate conflicts with the bridge replacement design. The existing 24" force main on the south side of 8th Street will need to be relocated and replaced with a new force main system. Any adjustments necessary to the existing potable water main system and related accessories, including gate valves, etc. are not included as part of this Work Order Number 7. The estimated Construction Cost for the Utility Improvements Scope of Services for Work Order No. 7 is $440,000.00. In orderto expedite the Project Scope and to not duplicate acquisition of survey information previously prepared by the FDOT, County has provided Consultant with copies of the FDOT's Roadway Improvement Plans, both hard copy and AutoCAD format. These documents include route survey information and proposed roadway and stormwater improvements construction details. It is understood that the information provided reflects "Preliminary" design of the project improvements, and that changes to the current Plans may occur. Furthermore, it is understood that the County has obtained authorization from the FDOT to allow said information to be used by Consultant in the performance of the Scope of Services described herein. In orderthat Indian River County may construct the required utility replacements as described above; Consultant proposes to perform the following scope of services; Scope of Services Task A — Surveying Services The drawings provided by County to Consultant in AutoCAD format represent raw survey data acquired by the FDOT's roadway consultant and/or their sub -consultants. The data, in its current format, is not usable in the preparation of the Construction Plans. The raw data will need to be converted into a final product that will be used as the Base Plans for the project. Consultant will utilize the services of our survey sub -consultant, Masteller, Moler, & Taylor, Inc. to convert the raw data into a Route Survey and Base Plans. Task B — Engineering Design & Preparation of Construction Plans Consultant shall use the aforementioned Base Plans for design and preparation of Construction Plans for a new 24" PVC wastewater force main including a directional bore underneath the Indian River Farms Water Control District's (IRFWCD's) Lateral "C" Canal. Consultant shall prepare plans and specifications which shall include requirements for connection of the new utilities to existing systems to remain. Plans and specifications will also 178 include the requirements for abandonment of portions of the system replaced by new main, and demolition of certain existing fixtures. Due to the "Preliminary" nature of the FDOT Project Plans, we shall coordinate with the FDOT as needed to ensure the Roadway Improvements and related Stormwater Improvements and the Utility Relocation Plans are not in conflict. Additionally, the designs shall be supported by maintenance of traffic standards consistent with FDOT Specifications. The following information is requested from the Utilities Department: 1. Existing Maximum Pump Flow Condition for County Lift Station #89; 2. Existing system pressure in the 24" Force Main at the Project location; Further information on a possible bypass of the existing 24" Force Main to the South WWTP so as to possibly eliminate costly wet tapping of the existing force main. Task C — Quality Assurance / Quality Control Engineering Review Consultant shall use the services of our directional boring engineering sub -consultant, Jim Williams, PE of Brierley Associates, to perform Quality Assurance and Quality Control engineering review services throughout the design phase as follows: • 60% Plans review • 100% Plans review Consultant will coordinate with Jim Williams, PE of Brierly Associates to ensure that the proposed directional bore results in the best design and force main route with the lowest construction, operational, and maintenance cost to the County. Task D — Soils Engineering Services Consultant shall use the services of our soils engineering sub -consultant KSM Engineering & Testing to provide soil engineering services for the project along the proposed route corridor as follows: Perform two (2) soil borings to a depth of 45' on either side of the Lateral "C" Canal along the directional bore route; and Provide a report detailing all findings and conclusions as to the suitability of the subsurface soils for the project. Task E — Permitting We shall secure permits for the proposed work from the following agencies: • Indian River Farms Water Control District Indian River County Public Works: 1. Road Crossings 2. Soil Borings Permit application fees are not included in this Work Authorization. 179 Task F — Bidding Services and Specifications Using IRCDUS standard bid documents, we shall prepare Contract Plans and Specifications with Bid Documents to allow the Indian River County Purchasing Department to advertise and bid the proposed Utility Replacement Project. Additionally, we will provide engineering services during the project's bidding process generally including but not limited to the following: 1. Preparation for and attendance at a mandatory pre-bid meeting and preparation of a letter of response to include in an addendum. 2. Revise and/or amend Contract Plans and Specifications and prepare written addendum / addenda during bidding to reflect any comments and/ or requirements by permitting agencies. 3. Research and responses to bidders' questions to be incorporated into written addenda during the bidding process. 4. Review submitted bids, evaluate for correctness and completion, compile bid comparison by line item for each bidder, contact references (if applicable), and provide Letter of Findings and Recommendation of Contract Award. Deliverables — The ENGINEER shall provide the COUNTY: a. 60% Construction Plans and Preliminary Specifications - 2 Sets b. Final Construction Plans - 2 Sets + PDF c. Bid Documents and Final Specifications necessary for Advertisement and Bidding of the work d. Related digital AutoCAD, DOC, and PDF files TIME SCHEDULE Project shall be completed as follows: Engineering Design & Preparation of Construction Plans (after NTP Receipt) 40 Working Days Submittal of Permit Applications (after NTP Receipt) 50 Working Days FEE SCHEDULE Consultant proposes to provide the outlined Scope of Services based on the following lump sum fees: • Task A— Surveying Services $ 1,500.00 • Task B — Engineering Design & Preparation of Construction Plans $ 30,800.00 • Task C — Quality Assurance / Quality Control Engineering Review $ 3,800.00 • Task D — Soils Engineering Services $ 5,900.00 • Task E — Permitting $ 5,320.00 • Task F — Bidding Services and Specifications $ 6,220.00 Total Lump Sum Fee File#1943 (1943_W orkOrder.docx) $ 53,540.00 WHO Qs Indian River County, Florida Department of Utility Services Board Memorandum Date: October 21, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: Water Plant and Water Resources Engineering Services Agreement with Kimley- Horn and Associates Descriptions and Conditions: On September 17, 2019, the Indian River County Board of County Commissioners (BCC) approved the final ranking for Request for Quotation (RFQ) 2019070 to assist the Indian River County Department of Utility Services (IRCDUS) with the planning, engineering, design, permitting and construction phase services anticipated with two water treatment plants and directed staff to start negotiations with the top ranked firm, Kimley-Horn and Associates, Inc. Analysis: Task assignments will be subject to scope definition and will be developed and authorized through individual work orders. The Water Plant and Water Resources professional services intended to be part of this agreement are as follows: • Well replacement and rehabilitation • Wellhead modifications, additions, replacements • Treatment plant piping, including raw water, finished water, concentrate, product water • Treatment processes, including but not limited to chemical storage and feed systems, membrane processes, filtration, degasification, off -gas treatment • Membrane system design, evaluation, treatment studies, replacement, and system optimization • Hydraulic analysis of all treatment processes • Standby power systems and fuel storage, feed and supply systems • Electrical systems design, including power, distribution, controls, networks, etc. 181 • SCADA system planning, implementation, replacement, expansion, including software programming of PLC's and HMI's. • Building facility design, improvements, rehabilitation, and hardening, structural analysis and evaluation, building mechanical/electrical/plumbing/HVAC systems • Site work including civil, site work, drainage, planning, and permitting • Distribution and storage design, evaluation, optimization • Pumping systems for all supporting treatment operations • Preparation of opinions of capital improvement plans and operating costs, reports, etc. • Permitting of supply, treatment, disposal of treatment byproducts, and air systems. • Preparation and review of reports, capacity analysis, lead and copper, system optimization, etc. Funding: Funding is not required at this time. Future work orders will accompany a fee schedule with an accompanying funding account number. Recommendation: Staff recommends approval of the Agreement for Professional Services for water plant and water resources engineering services and requests the Board of County Commissioners to authorize the Chairman to execute the Agreement on their behalf. Attachment: Agreement for Professional Services with Kimley- Horn and Associates, Inc. (15 Pages) 182 AGREEMENT FOR PROFESSIONAL SERVICES for Water Plant and Water Resources Engineering Services — RFQ 2019070 THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into as of this day of , 2019 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach FL 32960 ("COUNTY"), and KIMLEY HORN AND ASSOCIATES, INC. ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY solicited, evaluated and developed ranking of firms to provide Water Plant Engineering and Water Resources Services ("Project"), based on statement of qualifications received in response to Request for Qualifications 2019070. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Water Treatment Plants and Water Resources Services, ("Services") as more fully set forth in the Scope of Work attached as "Exhibit A" to this Agreement and made a part hereof by reference. C. Consultant submitted a Qualified Fee Schedule to be effective October 1, 2019, attached as Exhibit B to this Agreement and made a part hereof by reference. The Qualified Fee Proposal is based on the Scope of Services attached as Exhibit A. D. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and E. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in recognition and consideration of the above Recitals, which are not merely prefatory, but are incorporated by reference as though fully set forth herein and form part of the consideration, terms and conditions of this Agreement, and in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement 1.2 All professional services provided by the Consultant for the COUNTY shall be as identified in Exhibit A and invoiced per Exhibit B (collectively, the "Exhibits", individually, Exhibit A or Exhibit B). The parties agree that the fully loaded hourly rates 4 and staff hours shown in Exhibit B are the basis to be used for billing purposes and that 183 Consultant's compensation is the total lump sum as set forth in paragraph 5.1. Consultant's services will be performed in a timely, efficient, cost effective manner. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant will use due care in performing its services and will have due regard for acceptable engineering standards and principles. Consultant's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. 1.3 To facilitate efficient completion of the work, Consultant and COUNTY will work together to develop prioritization and grouping of items listed in Exhibit A. Scopes of work will be developed and authorized through individual work orders. Where the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the Consultant by which the COUNTY accepts Consultant's proposal for specific services and Consultant indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed. 1.4 Additional services which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Agreement, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Agreement. 1.5 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.6 A schedule of current hourly billing rates is set forth in Exhibit B attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the duration of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the Project and as otherwise provided in Exhibit A. The Consultant is responsible for bringing to the go COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that are made known to the Consultant, but Consultant is not responsible for discovering errors, omissions, or inconsistencies in the drawings or data provided. 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all reports, sketches, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more County Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub - consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through UR no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary Services as outlined in Exhibit A, in connection with the assigned Project(s) as set forth in this Agreement. 3.2 The Consultant agrees to complete the Project within the time frame specified in the Work Order, as may be modified from time to time. 3.3 The Consultant will maintain an adequate staff of qualified personnel and assign them to work on the duties contained in each Work Order. 3.4 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.5 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.6 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.7 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.8 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.9 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. :. 3.10 All documents, reports, field books, survey notes and information, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.11 The Consultant will confer with the COUNTY during the project(s) for which the Consultant has provided Services, and the Consultant will make corrections to the Consultant's Work Product at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant that corrections are needed, whichever event shall first occur. 3.12 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.13 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. However, the Consultant is permitted to retain sub -consultants to perform work under this Agreement. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.14 All documents, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any documents prepared by the Consultant is prohibited and shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 4. TERM; TIME FOR COMPLETION. 4.1 The time for completion of the Project shall be defined in individual Work Orders, with the term of the Agreement will be three years with an option to extend the Agreement for one additional year. This agreement will extend through the final completion date of individual Project assigned as part of a Work Order 5. COMPENSATION. 187 5.1 The COUNTY shall pay to the Consultant a mutually agreed upon lump sum or maximum amount not -to -exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant acknowledges and agrees that it will not be reimbursed for any travel within the State of Florida associated with its Services on this Project. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to, reduce or eliminate, in whole or in part, any portion of the Services under the Exhibits at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.6 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.8 Consultant agrees that it now carries and will continue to carry during the performance of this Agreement, at its own expense, the applicable insurance policies indicated below, with limits not less than those specified. Any insurance on a "claims made" basis shall be maintained for at least 3 years after completion of the Services. A. Worker's Compensation — Statutory B. Employer's Liability - $1,000,000 per occurrence C. Commercial General and Contractual Liability — $1,000,000 per occurrence D. Automobile Liability - $1,000,000 per occurrence E. Umbrella Liability - $2,000,000 aggregate (in excess of B., C. and D. above) F. Professional Liability - $1,000,000 per claim/aggregate. 7.9 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. no 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or (d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY shall be obligated to pay the Consultant for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 In addition to the termination rights set forth in 8.1, the obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 8.8 TERMINATION IN REGARDS TO F.S. 287.135: Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 190 8.8.1 COUNTY may terminate this Contract if Consultant is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 8.8.2 COUNTY may terminate this Contract if Consultant, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 9. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The original contract price and any additions thereto will be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time - to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever 191 concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. The prevailing party in any lawsuit arising out of or related to this Agreement shall be entitled to recover its reasonable attorney's fees and costs, including fees and costs through appeal. The parties expressly and voluntarily waive any and all rights to trial by jury in connection with any litigation arising out of or related to this Agreement. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. COUNTY is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: 192 10.8.1 Keep and maintain, public records required by the COUNTY to perform the service. 10.8.2 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. 10.8.3 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 Consultant does not transfer the records to the COUNTY. 10.8.4 Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the Consultant or keep and maintain public records required by the COUNTY to perform the service. If the Consultant transfers all public records to the COUNTY upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the COUNTY. B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(&-ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 10.9 Notices: Any notice, request; demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Arjuna Weragoda, P.E. 193 1801 27th Street Vero Beach, FL 32960-3365 Email: aweragoda@ircgov.com Consultant: Kimley-Horn and Associates Attn: Mark Miller, P.E. 1920 Wekiva Way Suite 200 West Palm Beach, FL 33411 Email: Mark.Miller@kimley-horn.com Notices shall be effective when received at the address as specified above. Email transmission is acceptable notice effective when received, provided, however, that email transmissions received after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, .and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 194 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Kimley-Horn and Associates, Inc. COMMISSIONERS By Date Witness: INDIAN RIVER COUNTY BOARD OF COUNTY By Bob Solari, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: 195 Exhibit A - Scope of Services - RFQ 2019070 The project primarily involves planning, engineering, design, permitting, and construction phase services for Indian River County Utilities water treatment facilities, specifically the North Hobart water treatment facility and South Oslo Road water treatment facilities. Work will be designed in phases for multiple competitively bid construction sub -projects, as determined by agreement between the COUNTY and Consultant. Specific Services to be provided: 1. WATER PLANT ENGINEERING _ Preliminary design, final design, preliminary report preparation, specifications, bid documents, bid analysis, services during construction, start-up services, permitting, regulatory agency liaison, pilot projects, and engineering studies related to the rehabilitation modification expansion, replacement and/or repair of existing and proposed County owned and/or operated water treatment plants. 2. WATER RESOURCES SERVICES — Attend various board, community and agency meetings on behalf of the Department, and represent the Department on technical issues relating to water resources planning issues. The scope of work is anticipated to include the following, as well as any related tasks: • Well replacement and rehabilitation • Wellhead modifications, additions, replacements • Treatment plant piping, including raw water, finished water wastewater, concentrate, product water • Treatment processes, including but not limited to chemical storage and feed systems, membrane processes, filtration, degasification, off -gas treatment • Membrane system design, evaluation, treatment studies, replacement, and system optimization • Hydraulic analysis of all treatment processes • Standby power systems and fuel storage, feed and supply systems • Electrical systems design, including power, distribution, controls, networks, etc. • SCADA system planning, implementation, replacement, expansion, including software programming of PLC's and HMI's. • Building facility design, improvements, rehabilitation, and hardening, structural analysis and evaluation, building mechanical/electrical/plumbing/HVAC systems • Site work including civil, site work, drainage, planning, and permitting • Distribution and storage design, evaluation, optimization • Pumping systems for all supporting treatment operations • Preparation of opinions of capital improvement plans and operating costs, reports, etc. • Permitting of supply, treatment, disposal of treatment byproducts, and air systems, • Preparation and review of reports, capacity analysis, lead and copper, system optimization, etc. 196 Exhibit B — Consultant Fee Schedule KIMLEY-HORN AND ASSOCIATES, INC. OCTOBER 2019 RFQ NO 2019070 — Water Plant and Water Resources Engineering Services SCHEDULE OF HOURLY RATES Effective October 1, 2019, the following rates are utilized in calculating invoices for services: Category Rate Principal $215.00 - $245.00 Senior Professional $175.00 - $230.00 Registered Professional $115.00 — $175.00 Professional 2 $95.00 — $145.00 Professional 1 $95.00 — $130.00 Designer $105.00 — $155.00 Sr. Support Staff $70.00 — $90.00 Support Staff $58.00 — $75.00 197 Indian River County, Florida T Department of Utility Services Board Memorandum Date: October 30, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Utility Work by Highway Contractor Agreement with FDOT for the Adjustment of Valve Boxes and Manhole Rims on Highway A1A Background: Florida Department of Transportation (FDOT) is planning to resurface a portion of Highway A1A/Tides Road from North of SR 60 to North of CR 510. The subject project is scheduled to begin in the spring of 2020. The county's existing water, sewer and reuse valve boxes and manhole rims will be in conflict with the proposed roadway improvements and will need to be adjusted. Analysis: Indian River County Department of Utility Services staff is of the opinion that the subject work be performed by the same contractor doing the roadway improvements. Therefore, staff requested FDOT prepare an agreement where the utility relocation/adjustment work will also be performed by the prospective highway contractor. Section 3 of the agreement states the initial estimate of the cost of the utility work is $21,745.00. Funding: Funding forthe utility valve box and manhole rim adjustment is available in the Renewal and Replacement budget in the Utilities operating fund. The Utilities operating fund budget is derived from water and sewer revenues. Description Account Number Amount A1A Valve Adjustments 47123536-044699-20503 $21,745.00 Recommendation: Staff recommends the adoption of the Resolution regarding Utility Work by Highway Contractor Agreement for the Relocation/Adjustment of Water, Sewer and Reuse Valve Boxes and Manhole Rims for the FDOT Project #438042-1 Highway A1A/Tides Road from North of SR 60 to North of CR 510 and approval of the FDOT — Utility Work by Highway Contractor Agreement. Attachment(s): 1. Resolution -Utility Work by Highway Contractor Agreement for the Relocation/Adjustment of Water, Sewer and Reuse Valve Boxes and Manhole Rims for the FDOT Project #438042-1 Highway A1A/Tides Road from North of SR 60 to North of CR 510. 2. FDOT -Utility Work by Highway Contractor Agreement. IM RESOLUTION NO. 2019 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AUTHORIZING THE CHAIRMAN'S EXECUTION OF A UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT FOR FDOT PROJECT #438042-1 "SR AIA/TIDES ROAD FROM NORTH OF SR 60 TO NORTH OF CR 510." WHEREAS, the FDOT is constructing, reconstructing, or otherwise changing a portion of Highway AIA; and WHEREAS, the Indian River County Department of Utility Services has determined FDOT construction will impact water, sewer and reuse valve boxes & manhole rims; and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 100 percent of the construction cost for the relocation of water, sewer, and reuse utilities for Highway AIA improvements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, the Utility Work by Highway Agreement. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman: Bob Solari Vice -Chairman: Susan Adams Commissioner: Peter D. O'Bryan Commissioner: Joseph E. Flescher Commissioner: Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of , 2019. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Bob Solari, Chairman 199 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES ES UTILI UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 (AT UTILITY EXPENSE) Financial Project ID: 438042-1-52-02 Federal Project ID: Financial Project ID: Financial Project ID: Financial Project ID: County: INDIAN RIVER State Road No.: Al District Document No: Utility Agency/Owner (UAO): INDIAN RIVER COUNTY THIS AGREEMENT, entered into this day of year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and INDIAN RIVER COUNTY, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as SR-A1A/TIDES ROAD FROM NORTH OF SR -60 TO NORTH OF CR -510, State Road No.: A1A, hereinafter referred to as the "Project'; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work'; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before N/A, year of b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall Page 1 of 9 200 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION »TILITI S UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ - 06/19 (AT UTILITY EXPENSE) apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. f. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Production. Prior to submission of the proposed Plans Package for review at these stages, the LIAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessaryto complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. i. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: Everything not specifically included in the scope of services. These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. I. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: TBD (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and Page 2of9 201 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 10 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the following activities: General Engineering Inspection and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. b. The initial estimate of the cost of the Utility Work is $21,745.00. At such time as the FDOT prepares its official estimate, the FDOT. shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. C. At least the (30 ) calendar days prior to the date on which the FDOT advertises the Project for bids Page 3 of 9 202 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 (AT UTILITY EXPENSE) the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2% for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). d. Payment of the funds pursuant to this paragraph will be made (choose one): ® directly to the FDOT for deposit into the State Transportation Trust Fund. ❑ as provided in the attached Three Party Escrow Agreement between UAO, FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre -approved by the FDOT Comptroller's Office prior to execution of this agreement. e. If the portion of the contractor's bid selected by the FDOT for performance of the UtilityWork exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Page 4 of 9 203 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 (AT UTILITY EXPENSE) Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by,the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permittees using or seeking use of the right of Page 5 of 9 204 6. Default 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES ES - UTILI UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) way. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the LIAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. Page 6 of 9 205 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 (AT UTILITY EXPENSE) (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON -GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The Page 7 of 9 206 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 (AT UTILITY EXPENSE) UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. C. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: John M. Boyer, P.E., Indian River County Dept. of Utility Services 1801 - 27th Street, Vero Beach, FL 32908 jboyer@ircgov.com (772)226-1823 If to the FDOT: Yenny Soca, P.E., Interim District Utilities Administrator 3400 W. Commercial Blvd., Ft. Lauderdale, FL 33309 Yenny.Soca@dot.state.fl.us (954)777-4128 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes To Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the Page 8 of 9 207 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 (AT UTILITY EXPENSE) appendix entitled Changes to Form Document. You MUST signify by selecting or checking which of the following applies: ❑ No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document' is attached. ® No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: INDIAN RIVER COUNTY BY:(Signature) DATE: (Typed Name: Bob Solari) (Typed Title: Chairman, Board of County Commissioners Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: Steve Braun, P.E.) (Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: ) (Typed Title: ) . Page 9 of 9 208 Changes to Form Document Attachments 1. Exhibit A — Scope of Services 209 EXHIBIT A Scope of Services 438042-1-52-02 The utility work to be performed under this agreement consists of adjustment of Indian River County facilities. Summary of Quantities No. Item Description Unit Quantity 425-5-1 MANHOLE, ADJUST EA 1 425-6-1 VALVE BOXES, ADJUST (WATER) EA 20 425-6-2 VALVE BOXES, ADJUST (SEWER) EA 12 425-6-3 VALVE BOXES, ADJUST (RECLAIMED) EA 3 210 O O 0 0 0 0 0 Ln M 00 - o O o ui vi �4 oo 4 0 0 0 O .LNf1 ct a) M n _ .4 O lD 'i (3 c. r -I M V? —1 t/? -Ln r1 to N H O O O O O O O O OC v"i O LA LA vi O .0 .tt N N N U O Ln Ln L ++ r I -L4 to t/j- Q C. H Z O O rl Ln 100, N fY O O o �, y. O G m ,� O N N e -i M O c 7 04a cr ate + O L ~ L Z W N O OC CC O c 0 'p H w w w w LU a c WI t O O O F- N Z N E tY `" O O � Do 0 O J V) j N GJ C C LU w LLE O ,°°: .N a N f0 v o 3: Q Q v N � _ N in in in p LLI H -0 Q _0 Q _0 Q 00-. N Q vi N V N N U O U X p X p X p p m CO CO _ > co > > +' > > > u u O Z E y Ln lD LD w O N N N N - N INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator. THROUGH: Roland DeBlois, AICP Community Development Director FROM: Bill Schutt, AICP Chief, Long Range Planning DATE: October 25, 2019 RE: Hanlex Development, LLC Request to Rezone +/- 4.40 Acres from CN to CL and Sogra Properties, LLC Request to Rezone +/- 1.037 Acres from CN to CL (RZON- 99040166-85162) [Quasi -Judicial] It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of November 5, 2019. DESCRIPTION AND CONDITIONS This request is to rezone ±4.40 acres from CN, Neighborhood Commercial District, to CL, Limited Commercial District (Subject Property 1) and to rezone +/- 1 acre from CN, Neighborhood Commercial District, to CL, Limited Commercial District (Subject Property 2). As shown in Figure 1, the +/- 4.40 acre Subject Property 1 borders the south county line on the east side of 27" Avenue SW. The +/- 1 acre Subject Property 2 is located west of 27th Avenue SW, approximately 315 feet north of the south county line. The purpose of this request is to secure the zoning necessary to develop the +/- 1, acre site and the +/- 4.40 acre site with uses permitted in the CL zoning district. On October 10, 2019, the Planning and Zoning Commission voted 4 — 2 to recommend that the Board of County Commissioners approve this rezoning request (see Attachment 8). Existing Land Use Pattern This portion of the county is developed primarily with single family residential uses, but also has an agricultural use, a commercial use, and undeveloped/vegetated. land. As shown on Figure 1, Subject Property 1 contains vegetation and a dilapidated abandoned home. Subject Property 2 contains vegetation. Subject Property I Figures 2 and 3 show that the property to the south of Subject Property 1 is located in St. Lucie County and is zoned CN, Commercial Neighborhood and RS -4, Residential Single Family 4. 212 Those properties contain single family homes and vegetated undeveloped lots in a portion of the Lakewood Park Subdivision (75 foot wide lots). Property to the north and to the east of Subject Property 1 is in one ownership, is zoned A-1, Agricultural 1 (1 unit per 5 acres), and contains a fish farm. To the west of Subject Property 1 (across 27th Avenue SW) is vacant and developed CL, Limited Commercial zoned property. Subject Property 2 As shown in Figures 2 and 3, property to the south of Subject Property 2 is zoned CL, Commercial Limited and contains a gas station. Property to the north contains a large lot single family home and is zoned RS -3, Single Family Residential (up to 3 units per acre). Property to the west is zoned RS -3, Single Family Residential (up to 3 units per acre) and contain single family homes and vacant lots in Lakewood Terrace Subdivision (70 foot wide lots). Property to the east (across 27th Avenue SW) contains a fish farm and is zoned A-1, Agricultural 1 (1 unit per 5 acres). Figure 1 - Aerial image of Subject Properties and Surrounding Uses #2 Sogra Properties +/-1.037 Acres CN to CL Lake►vood rr Terrace.? ; Ru�bdivisioi pp Developing Cove at"- �--r- Falcon Trace, s}` ¢ Residential Sub. •`•' % � � . _= _.-.._� �!-`CROYfti� EAGLE'�R'9W7 _ _ •�'i...��h a �..i Vacan �k k (Fish and Bee Farnt� " l is � �, Y' ..-•- �,... �,. . Vacant - abandoned houseJV 1Js i ��•�� , r ,y s- A _s: _ '� , *• r , �r,�` �! 7j��Y fad � [ �I l ` Y #1 Hanlex Development • ) Lakewood Park Subdivision,; +/-4.40 Acres f •' `ti `�i_�+w _„ra§i r, CN to CL (Existing zoning and proposed zoning maps are on next page) 213 4 A f ri t Vacs T pp Developing Cove at"- �--r- Falcon Trace, s}` ¢ Residential Sub. •`•' % � � . _= _.-.._� �!-`CROYfti� EAGLE'�R'9W7 _ _ •�'i...��h a �..i Vacan �k k (Fish and Bee Farnt� " l is � �, Y' ..-•- �,... �,. . Vacant - abandoned houseJV 1Js i ��•�� , r ,y s- A _s: _ '� , *• r , �r,�` �! 7j��Y fad � [ �I l ` Y #1 Hanlex Development • ) Lakewood Park Subdivision,; +/-4.40 Acres f •' `ti `�i_�+w _„ra§i r, CN to CL (Existing zoning and proposed zoning maps are on next page) 213 4 -131 Figure 2 - Existing Zoning of Subject Properties #2 Sogra Properties N +/-1.037 Acreso� "NESI 6 CN to CL _ , �. CR D EAG' R5 -, CN A-1 A-1 A-1 --L± •,nom CN ao _ .a,,.�... RS -6 L -Li N 1 �� CN Stree:"l-South-Dike and -Ditch _ 1zLCN DucieCounty - r� •^�— North,Boulevard . - St. Lucie County RS -4- -- --RS-4,-AG-1 �• dCN #1 Hanlex Development +/-4.40 Acres CN to CL ngure 3 - Proposed Zoning of Subject Properties #2 Sogra Properties N +/-1.037 AcresRS 6 CN to CL k' «- �FIGLECIRIW--�--�----I. RII-3 ,R CL CL A-1 A-1 A-7 ? L WS -3 !CRS 3 N s ACL CL RS -6 b"' N -South-Dike and -Ditch St. Lucie County ` I St Lucie_County_ ra .�� -North-Boulevard . (aRS-4 ^•RS -4-- AG -1 , . • CN - rCN �... -- #1 Hanlex Development • _ _ +/-4.40 Acres CN to CL 214 Future Land Use Pattern As shown on Figure 4, the subject properties are designated C/I, Commercial/Industrial, on the Comprehensive Plan's Future Land Use Map. The C/I designation permits various commercial and industrial zoning districts. Properties to the north and east of Subject Property 1 and to the north and to the west of Subject Property 2 are designated L-2, Low -Density Residential -2, on the county's future land use map. The L-2 designation permits residential uses with densities up to 6 units/acre. Property to the south of Subject Property 1, in St. Lucie County, are designated RU, Residential Urban (5 units/acre). Figure 4 - Future Land Use of Subject Properties #2 Sogra Properties +/-1.037 Acres C/1 L- L -2 1 ' St. Li, cid Coin rban Countode °Residentilj •= ifi f TVC —Towns Villages and , r . �, R�� � � �(5 Inns Per Acre)_- #1 Hanlex Development �-��- R ����� • +/-4.40 Acres Environment Subject Property 1 contains a vacant dilapidated single-family home and is overgrown with a mix of vegetation and trees. Subject Property 2 contains vegetation. Based on County records, no wetlands or any other environmentally sensitive habitat have been identified on either property. According to Flood Insurance Rating Maps, the subject properties are within Flood Zone X (area of minimal flood hazard). 215 Utilities and Services The subject properties are within the Urban Service Area of the County. Water Service is available within '/2 mile of the properties from the North and South County Reverse Osmosis Plants (interconnected), which currently have sufficient capacity to accommodate the additional demand generated by the subject rezoning request. Per County Code, uses that develop on the site will be required to connect to County water service. A Wastewater service main line is located +/- 0.5 miles from the subject sites at 21' Street SW. That service is not required to be extended per County Code unless the proposed flows exceed 2,000 gallons per day. If required to be extended, the South Regional Wastewater Treatment Plant has sufficient capacity to accommodate the additional demand generated by the subject rezoning request. Transportation System The subject properties abut 27th Avenue SW. This roadway is classified as an urban collector road on the future roadway thoroughfare plan map. Located within an approximate 100 foot existing public road right-of-way, this segment of 27th Avenue SW is a two lane paved road. There are currently no planned road improvements for this section of 27th Avenue SW listed in the County's Comprehensive Plan. Zoning District Differences In terms of permitted uses, there are both similarities and differences between the existing CN district and the proposed CL district (see Attachment 3). The respective zoning districts' purpose statements best illustrate the differences between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: CL: Limited Commercial District: The CL, Limited Commercial district is intended to provide' areas for the development of restricted commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. CN: Neighborhood Commercial District: The CN, Neighborhood Commercial district, is intended to provide areas for the development of highly restricted commercial activities to serve primarily the residents of the immediate area. The CN district is further intended to limit the intensity of commercial activities in order to ensure compatibility with nearby residential uses. ANALYSIS In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include an analysis of the request's: . Impact on public facilities; 216 • Consistency with the county's comprehensive plan; • Compatibility with the surrounding area; and Potential impact on environmental quality. Impact on Public Facilities The subject properties are located within the Urban Service Area, an area deemed suited for urban scale development. Within the Urban Service Area, the comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation (reference Future Land Use Element Policy 3.1). Adequate provision of those services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for those services and facilities are maintained, the comprehensive plan requires that new development be reviewed for a concurrency determination. For rezoning requests, that review is undertaken as part of the conditional concurrency determination application process. As per section 910.07 of the County's LDRs, conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, county regulations call for the concurrency review to be based upon the most intense use of the subject property allowed within the requested rezoning district. As per section 910.07(2) of the Concurrency Management Chapter of the County's LDRs, projects which do not increase land use density or intensity are exempt from concurrency requirements. For both the current CN zoning and the proposed CL zoning, the most intense potential use (according to the county's land development regulations) is retail commercial with 10,000 square feet of gross floor area per acre of land proposed for rezoning. This rezoning request is exempt from concurrency review because the requested zoning would not increase the use intensity of the site. When new development is proposed for the subject property, a more detailed concurrency analysis will be conducted during the development approval process. Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive plan. Rezoning requests must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. In this case, the subject property is designated C/1, Commercial/Industrial, on the Future Land Use Map. Since CL zoning is allowed in .the C/I designated area, the proposed zoning is consistent with the Future Land Use Map. Other than the Future Land Use Map, the goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the County will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all County land development decisions. While all comprehensive plan policies are important, some have more applicability than.others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1.17, 1.18, and 1.43. 217 . Future Land Use Element Policies 1.17 and 1.18 Future Land Use Element Policy 1.17 states that all commercial/industrial uses must be located within the County's Urban Service Area. Future Land Use Element Policy 1.18 states that the commercial/industrial land use designation allows uses, subject to applicable zoning district regulations, that include business and personal services, retail, office, and storage/warehousing uses. Since the subject property is located within the County's Urban Service Area and the requested CL district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.17 and 1.18. Future Land Use Element Policy 1.43 Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether or not a proposed zoning district is appropriate for a particular site. Below is a table listing CL zoning district criteria for review from Policy 1.43. There are no similar criteria for the CN zoning district. In fact, both the County Comprehensive Plan and the County's Land Development Regulations prohibit the CN zoning district from being within C/I designated areas. This is shown in the Future Land Use to Zoning District comparison tables contained within both the Future Land Use Element and the County LDRs (Attachments 4 and 5). The CN Zoning District is instead allowed in areas designated AG -1, AG -2, AG -3, R, L-1, L-2, M-1 or M-2 on the future land use map. Limited Commercial, CL Meets Comments Review Criteria Criteria? 1. Areas that are easily accessed from Yes There are residential homes to the west, south, north residential areas and east of the C/I node. Subject properties are primarily in a residential area and have frontage on a main road 27`'' Avenue SW). 2. Between residential areas and general Yes Subject Property 2 is located between the major commercial areas or.major roadways roadway 27h Avenue SW and residences to the west. Subject Property l is located between the major roadway 27`'' Avenue SW and agriculture and residential areas to the north and east. 3. Separated from industrial areas Yes Industrial zoned property is not located near the subject properties. 4. At node perimeters Yes Both Subject Property 1 and Subject Property 2 are located at the perimeter of the 27`" Avenue SW and 25`h Street SW C/I node. Based upon a review of the CL, Limited Commercial rezoning criteria in Future Land Use Element Policy 1.43 (preceding table), the subject property appears to meet the CL, Limited Commercial criteria. Also as noted earlier, the existing CN, Neighborhood Commercial district is not consistent with the properties C/I Future Land Use designation. Rezoning the subject property to CL will bring the properties zoning into compliance with the Comprehensive Plan. 218 While the referenced policies are particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan. Consistency with the County Land Development Reiulations Rezoning requests must be consistent with all applicable sections of the County LDRs, including Section 902.12(3) standards of review. A copy of those standards are included as Attachment 6 to this report. With this rezoning request, staff determined that the request is consistent with the LDR review standards listed in Section 902.12(3). Besides the review standards, there are at least two subsections of the County LDRs that support removing the subject properties from the CN zoning district. Section 911.10(9)(b) states that no new CN Neighborhood Commercial district shall be established and no existing CN district shall be expanded. That Section also states that the CN zoning district is not allowed in C/I designated areas but instead are allowed in areas designated AG -1, AG -2, AG -3, R, L-1, L-2, M-1 or M-2 on the future land use map (Attachment 7). Rezoning the subject properties to CL will bring their zoning into compliance with the County LDRs. Compatibility with the Surrounding Area Located along 27th Avenue SW, Subject Property 1 abuts an existing fish farm to the north and to the east. That fish farm is a non -conforming use within its L-2 Residential Future Land Use designation. It is anticipated that over time the property will be rezoned to a zoning district allowed within the L-2 Residential land use designation. Any proposed development on Subject Property 1 will be required to comply with the County's buffer regulations to limit impacts upon any future residential uses on the adjacent property to the north and to the east (6 ft. opaque feature, vegetation, etc.). Subject Property 1 also abuts 27" Avenue SW to the west and "South Dike and Ditch" along the south county line. Both 27th Avenue SW and South Dike and Ditch have 100 feet of public right- of-way. This separation distance limits any potential impacts on residential properties across South Dike and Ditch to the south in St. Lucie County. Since properties directly across 27th Avenue SW are designated as CL, the proposed CL zoning district is not incompatible with those properties. With respect to Subject Property 2, that property abuts a large lot RS -3 residentially zoned and used property to the north, and abuts 27th Drive SW and vacant and occupied RS -3, residentially zoned property to the west (across 27' Drive SW). 27th Drive SW has approximately 60 feet of public right-of-way. This distance separation combined with any future buffer yard requirements that would be implemented at time of development of Subject Property 2 will minimize potential future incompatibilities between the two districts and adjoining uses. Property south and adjacent to Subject Property 2 is designated C/l, Commercial Industrial on the Future Land Use map and is zoned CL, Limited Commercial. Given that this is the same zoning 219 designation as what is proposed for Subject Property 2, there will be no incompatibilities. Besides the landscape buffer provisions required between commercial and residential uses/districts, there are additional design and use protections from the "Other Corridor Regulations" that will also apply to both Subject Property 1 and Subject Property 2. Those regulations are found in Section 911.22 of the County's LDRs. With respect to design requirements, the special corridor regulations will provide for such things as shielding of any outdoor lighting fixtures, additional vegetation plantings, and various aesthetic improvements. As stated in the CL zoning district's purpose statement, the types of uses allowed in the CL zoning district are intended for restricted commercial activities to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. Generally, sites such as the subject property that front on urban collector roads, near a main intersection may be appropriate for the CL zoning designation. Given the existing CL zoning to the south of Subject Property 2 and to the east of Subject Property 1, the C/I Future Land Use designation of each of the properties, the presence of 27th Avenue SW and 25th Street SW, the buffer requirements between new uses within the CL zoning district and residential uses/districts, the additional "Other Corridor" use restrictions, and the separating distances of the subject properties due to adjacent roads, both Subject Property 1 and Subject Property 2 are appropriate for CL development under the requested rezoning. For those reasons, staff finds that the subject property, under the proposed zoning district, will be compatible with surrounding areas. Potential Impact on Environmental Ouality Subject Property 1 is a partially developed site (contains a dilapidated vacant house) and has become overgrown with vegetation. Subject Property 2 is a vegetated site. Any proposed removal of native trees on either property associated with site development will be subject to county tree protection requirements, including mitigation of any specimen trees removed, if applicable. The properties are not designated as environmentally important or environmentally sensitive by the comprehensive plan, and according to Flood Insurance Rating Maps the properties are not located in a flood zone. Development of the site is anticipated to have little or no impact on environmental quality. For those reasons, no adverse environmental impacts are anticipated as a result of rezoning the property from CN to CL. CONCLUSION The requested CL zoning district is compatible with the surrounding area and is consistent with the goals, objectives, and policies of the Comprehensive Plan. Located in an area deemed suitable for commercial uses, including CL district uses, the subject property meets all applicable criteria to be rezoned to CL. Further, rezoning from CN to CL will make the zoning consistent with the properties C/I future land use designation. For those reasons, staff supports the request. 220 RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject properties from CN to CL by adopting the attached ordinance. ATTACHMENTS 1. Summary Page 2. Rezoning Application 3. Table of Uses for Commercial Zoning Districts 4. Future Land Use to Zoning District comparison table (Source: FLU Element) 5. Future Land Use to Zoning District comparison table (Source: County LDRs) 6. Section 902.12(3) Standards of Review 7. County Land Development Regulations Section 911.10(9)(b) 8. Unapproved Minutes of the October 10, 2019 PZC meeting 9. Rezoning ordinance FACommunity Development\Rezonings\Hanlex Development - CN to CL\BCC\BCC staff report November 5, 2019.docx 221 GENERAL Applicant: Location: Acreag : Land Use Desi nation: Existing Zoning: Requested Zoning: Existing Land Use: SUMMARY PAGE Hanlex Development LLC and Sogra Properties LLC 248027 1h Avenue SW and property north and adjacent to 2465 27th Avenue SW +/- 5.437 acres (Property 1 +/-4.40 and Property 2 +/-1.037) C/I, Commercial/Industrial CN, Neighborhood Commercial District CL, Limited Commercial District Property 1: Vacant/1 Vacant Residence, Vegetated Property 2: Vacant/Vegetated ADJACENT LAND North: Property 1: Fish Farm, A-1 Agricultural 1 District; Property 2: SF Residence, RS - 3, Single -Family Residential District (up to 3 units/acre) South: Property 1: South Dike and Ditch and St. Lucie County, RS -4 District and CN District; Property 2: Gas Station, CL, Limited Commercial District East: Property 1: Fish Farm, A-1 Agricultural 1 District; Property 2: 271' Avenue SW and Fish Farm, A-1 Agricultural 1 District) West: Property 1: 27th Avenue SW, gas station and Vacant; Property 2: SF Residences, RS -3, Single -Family Residential District (up to 3 units/acre) INFRASTRUCTURE Potable water service is available within +/- t/4 mile and wastewater service is available within +/-'/2 mile ENVIRONMENTAL CONSTRAINTS None, Flood Zone X PUBLIC NOTIFICATION Sogra Properties ' \7 +/-1.037 Acres #' � ' �� 1 CN to CL 1 Y2S 3 RS J. Wjr CN A-1 A-1 AA ES -3 RS- Lj CN °o CL 6 h' C]N 25�' StreeLSW-'= — South Dike and Ditch St.;Ludi County}.-' St Lucie County - » AG -1 — � 'CN t—Hanlez Development +/-4.40 Acres Lam\ 7� CN to CL STAFF RECOMMENDATION Approval ATTACHMENT I 222 Planning and Board of Zoning County Commission Commissioners Staff Bill Schutt Bill Schutt Contact: Date 9/25/19 10/20/19 Advertised: # of Surrounding 53 — Total 53 — Total Property (36 — IRC) (36 — IRC) Owner (17 — SLC) (17 — SLC) Notifications: Date Notification 9/25/19 10/21/19 Mailed: Date Sign Posted: 9/25/19 10/21/19 Sogra Properties ' \7 +/-1.037 Acres #' � ' �� 1 CN to CL 1 Y2S 3 RS J. Wjr CN A-1 A-1 AA ES -3 RS- Lj CN °o CL 6 h' C]N 25�' StreeLSW-'= — South Dike and Ditch St.;Ludi County}.-' St Lucie County - » AG -1 — � 'CN t—Hanlez Development +/-4.40 Acres Lam\ 7� CN to CL STAFF RECOMMENDATION Approval ATTACHMENT I 222 REZONING REQUEST (RZON) APPLICATION FORM INDIAN RIVER COUNTY Each application must be complete when submitted and must include attachments. An incomplete application will not be processed and will be n applicant. r,y , Aitt"nip At required : f� iYified to._the,,tv`r Assigned Project Number: RZON - 990y &66 - P 5-1 k Z zC_(00j Signature of Owner or Agent: Property Information Site Address: 2480 27th Ave SW, Vero Beach FL 32968 Site Tax Parcel I.D. #s: 33393500001013000004.0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: CN Requested Zoning District: CL Total (gross) Acreage of Parcel: 4.40 acres Existing Use on Site: abandoned wood frame residents Proposed Use on Site: Dollar General Variety Store Existing Land Use Designation: Commercial Neighborhood Acreage (net) to be Amended: 4.40 Applicant(s) must attend a pre -application conference with Long --Ranee Planning- Section staff prior to applying-, Attachment 2 1 223 Current Owner Applicant (Contract Purchaser Agent Name: James and Vance Houdyshell Hanlex Development, LLC Common Oak Engineering Complete Mailing Address: 2480 27th Avenue SW, Vero Beach, FL 32968 1000 Color Place Apopka, FL 32703 1201 Louisiana Ave Winter Park, FL 32789 Phone #: (including area code 407.889.9400 407.889.9400 407.951.5915 Fax #: (including area code) - 407.889.8328 - E -Mail: Nathan.wolfe@hanlexgroup.com siorentz@commonoakengineehng.co Contact Person: James or Vance Houdyshell Hans Pistor or Nathan Wolfe Jeremy Anderson or Susan Lorentz Signature of Owner or Agent: Property Information Site Address: 2480 27th Ave SW, Vero Beach FL 32968 Site Tax Parcel I.D. #s: 33393500001013000004.0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: CN Requested Zoning District: CL Total (gross) Acreage of Parcel: 4.40 acres Existing Use on Site: abandoned wood frame residents Proposed Use on Site: Dollar General Variety Store Existing Land Use Designation: Commercial Neighborhood Acreage (net) to be Amended: 4.40 Applicant(s) must attend a pre -application conference with Long --Ranee Planning- Section staff prior to applying-, Attachment 2 1 223 x APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application ivill not be processed and is -ill be returned to the applicant. Assi rued Projcct Number: RZON - Current O\vncr Applicant (Contract Purchaser) Agent Name: Sogra Properties Ilc Manager: Linda T. Woodworth Common Oak Engineering Complete Mailing: Address: 1700 S. Dixie Htry, Boca Raton, Fla. Zip Code for Boca Raton: 33432 1201 Lowvana Ave. Ste -C, Winter Park. Fla Phone #;: (including area code) Office: 407951-5915 Fax #: (including area code) Cell: 407-505-8374 E -Mail: lindatwoodworih@gmail.com Contact Person: Linda T. W , dwonh Jeremy Anderson A/ Signature of Owner or Agent: Prooerh' Information Indian River County Land Development Regulations TABLE OF USES from Section 911.10. - Commercial districts (4) Uses. Uses in the commercial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings. Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the community development director. 225 District PRO OCR MED CN CL CG CH 1 Agriculture Agricultural Production Horticultural and landscape plants and specialties P P P Kennels and animal boarding - - - - - A A Pet -grooming (no boarding) - - - - P P P Agricultural Services Landscape services - - - - - P P Commercial fishery - - - - - A P Commercial Construction I J— General building contractors/special trade contractors/construction yards a P Finance, Insurance, Real Estate, Legal Services Banks and credit institutions- P - P P P - 225 226 District PRO OCR MED CN CL CG CH 1 Small-scale banks and credit institutions A P - P P P P Security and commodity brokers P P - P P P - Insurance agents, brokers and service P P - P P P - Automatic teller machines - P P P P P - Real EstateP P - P P P - Holding and other investment offices P P - P P P - Legal services P P - P P P - Services Lodging facilities hotels and motels - P P - P P - Boardinghouses - A - A A P - Bed and breakfast P A A A A A - Membership based hotels - - - - T_-_Tp. - Personal Services Laundries and laundromats (excluding drycleaners) P P P Garment pressing and drycleaners drop- off/pickup P P P Linen supply - - - - - P P Carpet and upholstery cleaning - - - - - P P Drycleaning plants - - - - __F7 - p 226 227 District PRO OCR I MED CN I CL CG CH 1 Photographic studios - A - P P P - Beauty shops - A - P P P - Barbershops - A - P P P - Shoe repair - A - P P P - Funeral homes - - - - - P - Funeral chapels - - - - P P - Crematoriums - - - - - P P Business Services Advertising P P P P Credit reporting and collection P P - - P P P Mailing, reproduction and stenographic services - P - - P P P Equipment rental and leasing - - - - P P P Employment agencies P P - - P P P Help supply services - - - - - P P Computer and data processing P P - P P P Bail bondsman - - - - P P P General and professional office a P P - P P P - Auto Repair, Services and Parking 227 228 District PRO OCR MED CN CL CG CH' Automotive rentals - - - - - P P Automobile parking and storage - - - - - P P Body and paint shops - - - - - - P F- General automotive repair - - - - - P P Carwashes - - - - P P P Automotive fluid sales and services (other than gasoline) A P P Miscellaneous Repair Electrical repair - - - - P P P Watch, clock, jewelry - - - - P P P Reupholsters and furniture - - - - - 7--F-7 Welding - - - - - - P Motion Pictures Production and distribution services - - - - - P P Motion picture theaters - - - - P P - Drive in theaters (unenclosed commercial amusement) S Videotape rentals - - - P P P - Amusement and Recreation Dance studios, school and halls, gyms - - - - P P P 228 229 District PRO OCR MED CN CL CG CH 1 Theatrical production including music - - - - P P - Enclosed commercial amusements - - - - P P P Unenclosed commercial amusements except miniature golf courses and driving ranges Health and fitness centers - - - A P P FT— Membership sports and recreation - - - - P PFP_ Coin-operated amusements - - - P P P - Miniature golf courses - - - - - S A Driving ranges - - - - - A A Health and Medical Services Offices and clinics P P P P P P - Total care facilities - - P - - - - F_____Hospitals - - P - - - - Medical and dental laboratory - - P - P P - Home health care services - - P - P P - Specialty outpatient clinics - - P - P P - Veterinarian clinic - - - - A A A Wholesale Trade Durable goods (not including demolition debris site, junkyards, recycling center) P 229 230 District F- PRO OCR MED CN CL CG CH 1 Nondurable goods - - - - - - P Recycling center (including vegetation debris mulching) A Retail Trade Convenience stores - - - P P P P Building materials and garden supplies - - - - - A P Paint, glass and wallpaper stores - - - - P P P Hardware stores- - - - P P P Retail nurseries and garden supplies - - - - P P P Model mobile home display - - - - - A P Mobile home trailer sales - - - - - - A General Merchandise Department stores - - - - A P - Variety stores - - - - A P - Flea market - - - - - - A Auction facilities, unenclosed - - - - - - A Auction facilities, enclosed - - - - - P P Used merchandise (including pawn shops) - - - - P P P Food Stores T7 I 230 231 District PRO OCR MED CN CL CG CH 1 Grocery stores - - - P P P Meat and fish markets - - - P P P - Fruit and vegetable markets - - - P P P - Candy, nut and confectionery stores - - P P P P Dairy product stores - - - P P P - Retail bakeries - - - P P Pr-- - Automotive Dealers and Services New and used cars dealers - - - - - P P Used vehicle sales - - - - - S A Auto and home supply stores- - - - P P P Gasoline service stations - - - - A P P Boat sales and rentals - - - - - A P Recreational vehicle sales - - - - - A A Motorcycle dealers - - - - --PTp Automotive fuel sales - - - A A P P Commercial marina - - - - - A I P Marine repair and service - - - - A P Apparel and Accessory Stores - - - P P P - Furniture and Home Furnishings 231 232 District PRO OCR MED CN CL CG CH 1 Furniture and home furnishing stores - - - - A P P Small-scale home furnishings showrooms (excluding furniture and major appliances) - A - - P P P Household appliance stores - - - - A P P Radio, television and computer stores - - - P P P - Eating and Drinking Establishments Restaurants - - A P P P P Carry out restaurants - A A P P P P Drive through restaurants - - - - - P P Bars and lounges - - - - S P P Bottle clubs - - - - - S A Miscellaneous Retail Drug stores - - P A P P - Liquor stores - - - P P P - Miscellaneous shopping goods - - - - P P - Florists - - P P P p - News stands - - P P P P - Sporting goods - - - - P P - Optical goods - - P P T7 p - 232 233 District PRO OCR MED CN CL CG CH 1 Gift stores - - P P P P - Book and card store - - P P P P - Catalogue and mail order house P P Fuel Dealers - - - - - P P Food and Kindred Products - - - - - - P Fruit and vegetable packing houses - - - - - A A Fruit and vegetable juice extraction Community Services Educational Services Educational centers including primary and secondary schools - A A A A A - Colleges and universities - A A - A A - Libraries --- A A A A P[ P - Vocational, technical and business - P P P P P - Institutional Individual and family services - - P - P P - Job training services ---Child - - - � P P P care and adult care F A A P A P P - Homes for aged, including nursing homes and rest homes _ A - S S 233 234 District PRO OCR MED CN CL CG CH 1 Residential treatment center - - P - S S S Place of worshipP P - - P P P Group homes (residential centers) - - P - S S S Adult congregate living facility (21+ residents) - - P - S S S Cultural and Civic Facilities P P A - P P - F", d social membership organizations - - A - P P - Public Administration Government administrative buildings A P A P P P - Courts - - - - P P - Emergency services P P P P P P P F- Industrial Printing and publishing Machine shops - - - - - - P Chemicals and Plastics FRubber and plastic footwear Hose, belts, gaskets packing Assembly production (not including manufacturing) p Transportation and communication 7-7 1 234 235 District PRO OCR MED CN CL CG CH 1 Railroad/Bus Transportation Services Local and suburban transit - - - - - P P Trucking and courier services - - - - - - P Commercial warehousing and storage - - - - - - P Moving and storage - - - - - - P Trucking terminals - - - - - - P Self-service storage facilities - - - - S A P Outdoor storage - - - - - - A Vehicle storage lot (paved/unpaved) 3 - - - - - - P Post Office P P P P P P P Water transport services - - - - - - P Air transport services - - - - - - P Pipelines - - - - - - P Heliport/helipad - - S - - S - Recycling centers - - - - - - A Travel and tour agencies - P - - P P - Freight transport arrangement - P - - - P P Communications Telephone and telegraph - P - - P P P 235 236 District PRO OCR MED CN CL CG CH 1 Radio and television broadcasting - P - - P P P F_ Cable and pay T.V. - P - - P P P Communications towers (wireless facilities) A 5 A 5 A s A 5 A 5 A 5 A 5 Communications towers (non -wireless facilities) ^ Amateur radio (accessory use) Less than 80 feet P P P P P P P 80 feet or taller (see 971.44(4) for special criteria) S S S S S S S Commercial U p to 70 feet: Camouflaged P P P P P P P Non -camouflaged P P P P P P P 70 feet to 150 feet: T_ Camouflaged A A A A A A A Monopole (minimum of 2 users) A A A A A A A Not camouflaged and not monopole S S S S S S S Over 150 feet: All tower types (see 971.44(1) for special criteria) 236 P = Permitted use A = Administrative permit use S = Special exception use 'No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of subsection 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6). 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: • All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. • The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. • Except for vehicle parking, all uses shall be conducted within an office building. 'For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. 237 District PRO OCR MED CN CL CG CH 1 Public and private utilities, limited A A A A A A A Public and private utilities, heavy - - - - - - S Residential Uses Single -family dwelling P P - - - - - Duplex P PF_ - - - - - F___ Multifamily dwelling P P A A A A - Accessory housing (watchman) - - - - - - P P = Permitted use A = Administrative permit use S = Special exception use 'No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of subsection 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6). 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: • All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. • The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. • Except for vehicle parking, all uses shall be conducted within an office building. 'For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. 237 Table 2.14, Relationship between Land Use Designation and Zoning Districts Zonhig District ��0000000000000000� P - District permitted T - District permitted when used as transition from less intense/dense development or consistent with existing development Shaded - District not permitted Future Land Use Element Attachment34 Indian River County Land Development Regulations RELATIONSHIP WITH LAND USE MAP from Section 911.10. - Commercial districts (3) Relationship with land use map. The commercial districts may be established in the following land use designations: C/I - Commercial industrial PUB - Public RC - Regional commercial PRO may also be established in L-1, L-2, M-1, and M-2 land use designations. 2 CN may also be established in AG -1, AG -2, AG -3, R, L-1, L-2, M-1, and M-2 land use designations. 239 Commercial Land Use Designation District C/I PUB RC PRO 1 X - - OCR X - - MED X - - CN CL X X - CG X X X CH X X - C/I - Commercial industrial PUB - Public RC - Regional commercial PRO may also be established in L-1, L-2, M-1, and M-2 land use designations. 2 CN may also be established in AG -1, AG -2, AG -3, R, L-1, L-2, M-1, and M-2 land use designations. 239 Section 902.12. - Amendments to the land development regulations text and official zoning atlas. (1) Purpose and intent. The purpose of this section is to provide a means for changing the text of the land development regulations or the official zoning atlas. It is not intended to relieve particular hardships or confer special privileges or rights to any person. (2) Changes and amendments. The board of county commissioners may from time to time, on its own motion, the motion of the Indian River County Planning and Zoning Commission, or the petition of the owner or the owner's authorized agent, amend, supplement, change, modify, or repeal by ordinance, pursuant to the authority and in the manner provided herein, any of the provisions of the land development regulations or any boundaries within the zoning atlas. (3) Standards of review. In reviewing the application of a proposed amendment to the text of the land development regulations or an application for a proposed amendment to the official zoning atlas, the board of county commissioners and the planning and zoning commission shall consider: (a) Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations; (b) Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan; (c) Whether or not the proposed amendment is consistent with existing and proposed land uses; (d) Whether or not the. proposed amendment is in compliance with the adopted county thoroughfare plan; (e) Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below level adopted in the comprehensive plan; (f) Whether or not there have been changed conditions which would warrant an amendment; (g) Whether or. not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation; (h) Whether or not the proposed amendment would result in significant adverse impacts on the natural environment; (i) Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern; Q) Whether or not the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of the land development regulations; as well as (k) Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services. NOTE: Some of these items of consideration may be deemed as inapplicable in the review and approval of Land Development Regulation amendment requests. (4) Amendment procedures. (a) Application and content. All applications (other than board of.county commissioners initiated amendments) for changes and amendments shall contain all the information required of this section and shall be in a form prescribed by the community development department and 240 approved by the board of county commissioners. The following information shall be provided by the applicant for an amendment to the official zoning atlas. 1. Legal description; boundary survey. The application shall describe by legal description and any street address, where possible, the property to be affected by the proposed change, setting forth the present zoning applicable thereto and specifying the district, zone or use requested by the applicant. The application shall also include a copy of the deed and at least one other conveying instrument indicating present legal and/or equitable ownership together with notarized authorization from the owner of the subject property if the applicant is not the owner. The application shall also include a boundary survey, sealed by a registered land surveyor, of the property proposed to be rezoned. 2. Statement of verification. All such applications or petitions shall include a verified statement showing each and every individual person having legal and/or equitable ownership interest in the property upon which the application for rezoning is sought. 3. Concurrency certificate. Each application shall include a valid conditional, or initial concurrency certificate or evidence of a concurrency certificate application. 4. Fees. Each application shall include a publication and application fee for each requested change; provided, however, that as many lots or parcels of property as the applicant may desire may be included in a single petition if they constitute one contiguous area. Such fee shall be established by the board of county commissioners. 5. Application time limitations. A rezoning or land development regulation text amendment application shall be considered active for a period of one year after it is submitted to the community development department. If the application is not complete or if the board of county commissioners does not hold a public hearing on the application because of delays by the applicant, the application shall be terminated one year after the submittal date. (b) Staff review. The community development department shall have twenty (20) working days from the date the completed application and required fees are submitted to review and comment upon the application. The community development department shall then place the completed application on the agenda of a regularly scheduled county planning and zoning commission meeting; provided, however, the following notice and publication requirements are met prior to the public hearing before the county planning and zoning commission. 1. Published notice requirement. The community development department shall publish the material contents of the application, together with a map indicating the area proposed to be rezoned, (map required only for rezoning requests and land development regulations amendment requests where state regulations require the publishing of a map), at least ten (10) days prior to the county planning and zoning commission's public hearing on the application, unless Florida Statutes mandate different notice requirements. 2. Mailed notice; posted notice. Additionally, the community development department shall send by regular mail a written courtesy notice to all owners of property within three hundred (300) feet of the outer limits of the area described in the petition requesting a change, advising all such owners as shown upon the last prepared and completed tax assessment roll of the county, in simple terms, the proposed change and the time and place of the public hearing. In the event that more than ten (10) lots or parcels are proposed for rezoning, notification shall be by published notice only. For rezoning requests the community development department shall erect and conspicuously place upon the subject property at least one notice which shall contain the following information: a. Map of property which is the subject of the rezoning petition; b. Present zoning and requested rezoning classification; and c. Dates of scheduled hearings. 241 3. Failure to provide notice. The provisions hereof for mailing notice are directory only and the failure to mail such notices shall not affect any change or amendment of said land development regulations. Moreover, regarding rezoning requests, failure to maintain a conspicuous notice on the property shall not affect said requests. (c) Action by planning and zoning commission. After the public hearing, the county planning and zoning commission shall report its recommendations to the board of county commissioners for final action. For rezoning requests, a denial of the application by the county planning and zoning commission, unless appealed as provided for herein, will be final. (d) Appeals of decisions by the planning and zoning commission to deny a rezoning application. Any applicant who is aggrieved by a decision of the county planning and zoning commission regarding denial of a rezoning application may file a written notice of intent to appeal the county planning and zoning commission decision with the director of the community development department, the chairman of the county planning and zoning commission, and the chairman of the board of county commissioners. Such appeal must be filed within twenty-one (21) days of the decision of the county planning and zoning commission. (e) Action by the board of county commissioners. Upon receipt of the recommendations from the county planning and zoning commission, or upon receipt of a written notice of intent to appeal, the board of county commissioners shall consider the proposed change, amendment or rezoning application and appeal within forty-five (45) days of the submission of said recommendations or written notice of intent to appeal, at an advertised public hearing as required by F.S. § 125.66. An appeal of a denial of a rezoning application shall be heard de novo. (5) Time for reapplying. No new application for an amendment, change or modification of the official zoning atlas shall be permitted to be filed until after the expiration of at least twelve (12) months from the filing of a previous application with the community development department, covering substantially the same lands. (6) Interim zoning. The board of county commissioners may adopt stop -gap or interim zoning for periods of time not to exceed one year designed to preserve the status quo in any area in the county, pending the completion of zoning, water and sewer, urban renewal or other similar type plans. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §32,2-27-91; Ord. No. 91-23, §2,5-15-91; Ord. No. 96-6,§ 8, 2-27-96; Ord. No. 98-9, § 7, 5-19-98; Ord. No. 2002-004, § 5, 2-12-02) ADD DIAGRAM -REZONING FLOW CHART, P.106.1 OF ORD. 242 Indian River County Land Development Regulations Special District Requirements from Section 911.10. - Commercial districts Section 911.10. - Commercial districts. (9) Special district requirements. (a) PRO—Professional office district. 1. Location and land use. a. The PRO district may be established in areas designated as L-1, L-2, M-1, M-2 or commercial on the future land use map. b. The PRO district may be established on residentially designated land if located on an arterial or collector road as identified in the comprehensive plan. 2. District size. The PRO district shall have a minimum district size of five (5) acres and a maximum district size of twenty-five (25) acres. The PRO district may be reduced to two and one-half (2'/) acres if the parcel(s) under consideration to be zoned PRO satisfies all of the following criteria: a. The parcel(s) abuts a commercial node or corridor; and b. The parcel(s) is located within a substantially developed area; and c. The parcel(s) is located in an area dominated by nonresidential uses. 3. District depth. The PRO district shall have a maximum district depth of three hundred (300) feet, measured from the adjacent collector and/or arterial roadway. The maximum depth may exceed three hundred (300) feet for platted lots of record where the majority of the lot is within three hundred (300) feet of the collector on arterial roadway. (b) CN—Neighborhood commercial district. 1. Land use and location. The CN, neighborhood commercial, district has been established �► on various sites throughout the county that are designated AG -1, AG -2, AG -3, R, L -I, L-2, M-1 or M-2 on the future land use map. No new CN neighborhood commercial districts shall be established, and no existing CN district shall be expanded. 2. Allowable uses. Uses allowed within a neighborhood node shall be those uses allowed within the neighborhood commercial (CN) zoning district. 243 PORTION OF Indian River County Planning & Zoning Commission DRAFT Meeting Minutes—10-10-19 Public Hearing (7:02 PM) In regard to the request to rezone two sites along 27th Avenue SW, just north of the St. Lucie County (SLC) border, from Neighborhood Commercial (CN) to Limited Commercial (CL), Chairman Brognano asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision; Mr. Polackwich disclosed that he had taken a personal and private tour of the areas proposed for rezoning, but did not feel this would impact his ability to make an impartial decision. The secretary administered the testimonial oath to"those present who wished to speak. (7:02 PM) Mr. Bill Schutt, IRC Chief of Long Range, Planning, described the two sites currently zoned CN and the surrounding properties, provided relevant background history. He explained how the larger acreage was situated directly north of the border between IRC and SLC. Mr. Schutt detailed the differences between CN and CL zoning, and reported,that the,requested change to CL zoning was compatible, consistent, and._suitable within the' current IRC: land use and development plan. He advised the PZC to recommend that the Board of County Commissioners (BCC) approve'the rezoning request; as proposed. (7:19 PM) Mr,. -Polackwich asked about fhe size ,of the structure that could be built on the larger. property (subject property -#4. _ He expressed his concern that the long-term_ plan for the, site — a Dollar Gerieral store — would not fit well within the surrou4ng'neighborhood. Chairman Brognano then opened the floor for public_discussion.`�Mr:_.Jeremy �Ander'son, representing Hanlex Development and Sogra;Properties, stated that,the property had already been selected for a similar type of use,as`,to what,was being,proposed, and that the current zoning (CN) did not meet current IRC `rules; by rezoning, however, the CL land use designation would bring the parcels into current compliance. Mr. DeBlois added that there was `significant overlap between what was permitted in the CN and CL designations. Mr: Polackwich again pushed for clarification on how big a building could be placed on, , s u,,bj e0l property #1. (7:29 PM) Mr. Anderson specified that, given a 25' set -back all around the property, plus applicable storm water requirements, about the largest structure the 4.4 acres could hold would be one with about 20,000 square feet of floor space; however, the developer planned to start with a 9,100 square foot facility on the southern half only. Mr. Landers asked the staff whether the land in IRC adjacent to subject property #1, currently zoned agricultural, might also be changed to CL zoning one day. Mr. Schutt informed the PZC that such an action would require a comprehensive zoning plan change. Attachment 8 PZC/Unapproved 2 October 10, 2019 F:\BCC\AII Committees\P&Z\2019—AGENDAS & MINUTES\PZC 101119.doc 244 PORTION OF Indian River County Planning & Zoning Commission DRAFT Meeting Minutes -10-10-19 (7:37 PM) Mr. Vance Howdyshell, the owner of subject property #1, disclosed that he had been trying to change the zoning of the property since 2005, and that he could not understand why a change from CN to CL would substantially affect how the developed parcel would fit into the surrounding neighborhood. Mr. Michael Weaver of 2746 25th St SW, a neighboring homeowner, expressed his opposition to the rezoning, relating that the traffic patterns in the area were already dangerous due to three merging roads. Mr. Weaver went on to say that it would be a poor plan to place a large commercial establishment in an area that is essentially all residential, although he felt that a smaller commercial operation might be workable. Mr. Peter Robinson, a local developer, interjected that it would be a very expensive proposition to convert subject property #1 into residential zoning. Chairman Brognano then closed the,public.hearing. (7:46 PM) Mr. Polackwich summarized- his main points again, citing the fact that all one sees when driving south aiong 27th Avenue SW, is:residences (except for one gas station next to subject property #2), and proposing` that the potential existed to change the entire face of the neighborhood with no discernable need for a large retail establishment. Mr:-Howdyshell,was granted permission to state that subject property #1 was in fact surrounded by'q commercial fish hatchery on the agricultural land; Attorney DeBraal,asked-whether�lights shined on the agricultural property at night, and Mr. Howdyshell -replied in ,the. negative. Mr. Landers recounted that the;pr'oposed Dollar. - General store would'take up half of subject property #1 and wonderedwhether road/improvements were planned to account for any increased,traffic. Attorney DeBraal then advised the PZC to focus on the pros and cons of `'the 'rezoningitself, 6s "opposed to the potential uses of the properties; -and --Chairman Brognano asked,for a motion. ON MOTION BY Mr. Jordan Stewart, SECONDED BY Mr. Patrick •, Ga], ',,the members voted (4-2) to recommend! BCC approval of the rezoning request. Commissioner.'s Matters f, (7:53 PM) There,were none. Planning Matters (7:53 PM) There were none. Attorney's Matters (7:53 PM) There were none. Attachment 8 PZC/Unapproved 3 October 10, 2019 F:\BCC\All Committees\P&Z\2019—AGENDAS & MINUTES\PZC 101119.doc 245 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±4.40 ACRES LOCATED NORTH OF SOUTH DIKE AND DITCH AND EAST OF 27TH AVENUE SW FROM CN, NEIGHBORHOOD COMMERCIAL DISTRICT, TO CL, LIMITED COMMERCIAL DISTRICT; AND ±1.037 ACRES LOCATED WEST OF 27TH AVENUE SW, EAST OF 27TH DRIVE SW, AND APPROXIMATELY 315 FEET NORTH OF 25TH STREET SW FROM CN, NEIGHBORHOOD COMMERCIAL DISTRICT, TO CL, LIMITED COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: THE NORTH 235 FEET OF THE NORTH 513.83 FEET OF THE SOUTH 623.83 FEET OF THE WEST 202.14 FEET OF THE EAST 242.14 FEET OF TRACT 16, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS ROAD RIGHT OF WAY AS RECORDED IN DEED BOOK 41, PAGE 25, AND THE ADDITIONAL RIGHT OF WAY PER PLAT BOOK 14, PAGE 47, ALL OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 1.037 ACRES, MORE OR LESS. Attachment 9 246 is changed from CN, Neighborhood Commercial District to CL, Limited Commercial District. A PARCEL OF LAND BEING A PART OF TRACT 13 (LESS CANAL) IN SECTION 35, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH TOWNSHIP LINE OF TOWNSHIP 33 SOUTH, AND THE EAST RIGHT OF WAY LINE OF EMERSON AVENUE, AND RUN NORTH A DISTANCE OF. 100 FEET TO THE POINT OF BEGINNING; THENCE RUN EAST A DISTANCE OF 647.50 FEET; THENCE RUN NORTH A DISTANCE OF 307.63 FEET; THENCE RUN WEST A DISTANCE OF 647.50 FEET; THENCE RUN SOUTH A DISTANCE OF 307.63 FEET TO THE POINT OF BEGINNING. SAID LAND CONTAINING 4.40 ACRES, MORE OR LESS. is changed from CN, Neighborhood Commercial District to CL, Limited Commercial District. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 5th day of November, 2019. This ordinance was advertised in the Press -Journal on the 20th day of October 2019, for a public hearing to be held on the 5th day of November, 2019 at which time it was moved for adoption by Commissioner , seconded by , and adopted by the following vote: Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner Attachment 9 247 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Bob Solari, Chairman ATTEST $Y: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordinance was filed with . the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Roland DeBlois, AICP; Interim Community Development Director FACommunity Development\Rezonings\Hanlex Development - CN to CUOrdinance\Ordinance - Hanlex and Sogra.doc Attachment 9 M. /Q,4j. a� 0 bLO (L) S L C 4.0 Om s N a� a� N L � �s V 4-0 cn � • V LM .M LM E E O V N w CA M • Q O D �0-1 0 V .won% .0 M N Q U r*44 om V N a 0 0 0 401 (A Cr LM a) s 401 a� O LM CL o m V V m 401 m s ni q. 2ig-4 J U i V N. W -D1 i O N J V 0 I �-p q. 24� - � V 06 _ L.M ' H N � O •v V (A L � O O •� cr ul 'N%0 m> •— (A L L N O a V z � 0 • I �-p q. 24� - U � NO �W q -q -�qS-lo cr L L. O O • s ago Mo a O (L) 6- rM. V LM Mo M MO i .V i V tQ c mc Lo (1) �..� 'A ,coo ,t <C • • • • o. • • q -q -�qS-lo ]' Cl) - i, Cl) va C114 : � z �- e. qsq Me � t? cr! 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O CU a --J E -o E O O -0i O U—_ M O L•L �- 4j 4 4-1 M O — �- Z m 'c U .— .0 E�tuo o N c F- E +-'N .a QO <V) � (1) L Q 4-0m ,Pg - A- dt •E O G� O O G1 Cr � � L � � O V �- 4j O Z ci ,Pg - A- dt w � s N a O E 0 m ar s w �-+ i V � N > a O E 0 o m V � M V Lm 00 V � N > a O m � V M V ow c/n 00 J V O z V 0 Lm %low O ow a� s V m 4w 4w to w s I - gk-e;a J-.9403 4" I i o "Isy te f Ila) a .2 60 4— (U OD :E a A2 wig aha -a4 . ........ I i o "Isy te f Ila) a .2 60 4— (U OD :E a A2 wig aha -a4 .z a----- Q :- CV C? N `o l"f V E ... a. tm -cc -.h .;Cc r1 •` ^Y `6 � raf •flt �. !h rN -1xi � _ �. { 4� �.� �' +^ � - t1�t l�laf.r�as s' tt '+ „� �• zt • s Ot se ja �{ dl�A yy �' !af sass 'i T S • 1ItK �^,.. r ♦ ''TF � r •C ♦ .rem 15 %ar t r E y r jgrrrrplyrli 1 S `e PAIZTO FTH E USi4 TODAY 'ZTWOKK Indian River Press Journal 1801 U.& 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY PLANNING 1801 27TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, Joe Heynen, who on oath says that he is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount , rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. OCTOBER 20TH, 2019 Subscribed and sworn to before on October 21ST, 2019: Notary, State of WI. County of Brown TAR/ MONDLOCH Notary Public: State of Wisconsin My commission expires:" August 6. 2021 Publication Cost: $315.00 Ad No: GC10290006-01 Customer No: 463755 PO#: (P�Ag.jql BEFORE THE BOARD Off' COUNTY COMMISSIONERS INDIAN RIVER COUNTY NOTICE OF REZONING - PUBLIC NEARING The Board of County Commissioners of Indian River County, Florida, will consider adoption of a county ordinance rezoning land within the unincorporated portions of Indian River County: A public hearing al which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, November 5. 2019, at 9:00 a.m. in the County Commission Chambers of the County Administration Building, Building A, located at 1801 27th Street, Vero Beach, Florida. The proposed ordinance to rezone the subject properties is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±4.40 ACRES LOCATED NORTH OF SOUTH DIKE AND DITCH AND EAST OF 271'1-1 AVENUE SW FROM CN, NEIGHBORHOOD COMMERCIAL DISTRICT, TO CL, LIMITED COMMERCIAL DISTRICT; AND ±).037 ACRES LOCATED WEST OF 27TH AVENUE SW, EAST OF 27TH DRIVE SNV, AND APPROXIMATELY 315 FEET NORTH OF 25TH STREET SW FROM CN, NEIGHBORHOOD COMMERCIAL DISTRICT, TO CL., LIMITED COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE The rezoning application may be inspected by the public at the C'onnnunity Development Department of the County Administration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 55:00 p,m. on weekdays. For more information. contact Bill Schuttat (772) 226-1250. The Board of County Commissioners may adopt another zoning district, other than the district requested, provided that the recommended zoning district is consistent with the county's comprehensive plan. Anyone who may wish to appeal any decision that rnay 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 is based, Anyone who needs a special accommodation for this meeting must contact the County', Americans with Disabilities Act Coordinator at (772) 326-1223, at least 48 hours in advance of the meeting. Existing Zoning Map Hantex Development, LLC and Sogra Properties, LLC Rezoning Request sogra CNtoCI Rs 3 ...... ;' . CN.. A -t -. _._,.. A -t � dg PS 3 CN 3 CN 4�ii-`� -gid nrtrN $ttJrl(CountY - - R5.4 AG -1 ,:GN. ��ry, a3 -a Hanlex Development +1-4.40 Acres CN to CL Indian River Count Board of, Counts Commis, oners II Bx: ->- 11nh Snl:tri, Chairman78 22A E SUNDAY, OCTOBER 2C, 2019 1 TREASURE COAST NEWSPAPER5 n Indian River hospital offers 'virtual visits' 2ane1 segloy Online Healthcare se<re :o leea.,�v con: ne,sxaP<,. c.a roe-+.na'.aa- rtan.A VERs BEACH - Insleud of lyniting icon ., earn..A" In sce a physician m _.,u a trip to the emergency ruum, Cle,•eland Ciinle Indian We, I l.,Plmi virl excise patients In see a doctor 24 Lows daily through the helpoftednm1- <'g7'. Called F:xptexs Care Online, patients o and cmm nunicate qulel(ly cliff. thcalUlrarc ')""file' allow urgent health issues using a mniife device in- rluding smadphoecs. latlets or cum- puters, "Ihe program seneks through A free app that can Oe. duwnluadcd Gum Gou- illc Play fur Android. the APP St.,, f.; Apple or the Cimeland Clinic Indian Rivvr Hospital's e'ebsit. "We are launching the syslmn naw ahead of the flu aeas.n;' sold Angela Dickens, spakesssvulan for Cleveland Clinic Indian River Itspital,l'hu.mnu- ry t nnilgh April, nor emergency nim can got very hnuy and we're hoping Pon- pic wish hat ac•utc illmsses syill glee Ih(s a tt:" Tfic visits provide It virtual "fnce- m-faeP- encmmier lin which the heahh- re Proy;dcr and polient con ace each ndret and discuss Issues the tlent Is rr�mtc.ing. Thr examination is periarmcd via a private, sce.ec vide. tchich is often suf- lii.'!enl to determine the seriousness of a ,ash, ear ache., Bu -like syrnploms, F.xprecs Ca.e Online can (I;agnosc and trex many illeesses including c. ugh, urinaryat"t infections, alaumi- nai Pafn. Aiurrhex, fmrr rola headaches, The cost for the visit Is 555, payohle To Ino, fda 24-hour online heahh<are, Cleveinnd Clinic patt- nb(,as4±{hh'mdiftRn SvtR/'a, iah- medlcme company prtividl W the technol.gy platform and some of the board-cerfiied healthcare professionals, E Tolearn more about American Weil or how Physicians at Cleve. land Clinic utilise the E.Press Clie Online service, visit www.ame riranweil,<om by etedil card at the time of the virtual visit, Some insurance eompanics raver the cost ofvinual visits under their policies, if the pariem needs medi(mtion, the prescription can be sent elceironieally t.'he Pharmacy of the p.tienl's choice, 1bletiie'dk4hc lit Ehanuing file..tvay people eon access healthcare, `21ding In W_G,eg R ... nerince, president lir Cleveland Clinle Indian River Hospital, `lire way we derive; services i. rap- idly evolving and technology allows us to make access to beaIt1 c ec ohne cun- •enlent;' said Rosenrea.'e, An emer- ge.uy situation can happen of night or on the weekend, With E.Preas Cam Cn- Ifne, potieels can be seen and heated instantly m advised to go to the hospha) for fun her ,csl,. lit:' The virmul visits are Phase 1 nrlhe Ann' teiemedtcine program offered .1 Cle,'elnn(I Clinic Indian ith", IiospitaL The second phase will inchldc fob l.tv-up visits otter a patient's inilinl miltmnnl 5nd is c Pmed to be rolled out shortly, Dkke said. Fero Beach plans Leisure Square fee increase Colleen Wia.n 115. ,.1-1 ", reaps 11ts-fu,i1C� vrnO elI:A(Al -The cost IIIswim- minll of ,he l.visme Sgtnile pool soon .o Id he going up for for mrn city residems- Veto Beach miry hike the -1 ut' using the pool ;md nlher ameniiics It IRiItwe Square, And the higher cvstx will fall mostly un fisc wI.,, If,, .,aside the clay lirnhc, Irappro •ed by the City CouncilNcilt, Nuv, 4, the�new fees ...Id g. into effect Nuv, 15, City Manager Monte Falls said- The pnhlk can speak .Will the changes tinting a heating ruthe5jarn meeting. 11lehiggest increasew.04bil for cnting l he foci lily; rea.Vin.Beac•h residcm, furl -day rental of the en - fire facility tv.nId jump 118%, feline 5675 to 51,000. Non-Oly resideni. tvuulcl pay 51,10fr, up 79'u Parent from the current 5725, Leisure Square Inembcrshipa for rnin-6ty .ctndem, would in case 32'ti percent to 25 Uer.;enl, acl`end- ing un file pian, Th(•re wo.fdbe nett Ices fall hose Who purlicin,e jus, fn closers ill i c LeSqun e, Cil y youth }'nunger than 14 roots Alda than oo moa Pay S5 unrnonlh-Thal would double for nil-eity res;dv'm,,. Adults currently pity $to a n ontl. to attend classes if they lice in the city. Non -city adults would Will pay S2 a month marc than theft c Arent 515. The changes sh.nld coat be 5 sur Prise., halls said, Tlac city Cuuncil initially wanted the pool closed next rifJ•orrtrr6lr ":�fon,Cmi+err" $filfr7rairy� Ilii; tst.�i.9tla IS'ff,fS< J.fF!hY .'1`RI'.S"rf: lyll�Yy1P�'F: dwr Jet.e,d..,: � 772 77R.0011'' ,e., A -c, lana er ]t„t'rrti Rink ; wnlvxv..1u14s.am BEFORE THE .BOARD OF COUNTY . COMMISSIONERS INDIAN RIVER COUNTY NOTICE OF REZONING - ..................... ------..-_ .-_--- PUBLIC HEARING rm,• - rima'\�r'F ,rT 1sro..,. :n-rY. +toxlm, uuuc not v c nn. lit S.e 11. merxf. lir..... .V in Iin• lir All, -1 -1, If a{.+lr,r',IYf nl\\'I1 n"i It I'll 1. 11. .1x1 :'111 I,elyt ♦x; 11.1 lir Px,r<I1L\111.1 :r. :�r11 a.e1 t:. � ,I:Iralr, �xleum Cn MI\II Ri t,i_ In(le.Cl In riP llI Cn\Itnr II .. ...... .. ............. - } ev Ica,. bill decided in keep it ep.•n af- ter a largo public oil lcry„ The S uneil gave the Poul i, ycnl nqutesro to 'nese the PI, br t—en espeases and t col e.. About 400 people toe he pool each neck. but. ns "III, ocher munl- cipal recreation facilh i(•3, it still Ins- ncy, city rce."N show. 'I he Acere tionDepuneentovrr- all Ines about S1,6 million n year. It usls shout 52,3 Inilliun W opera lc Ill. depnmme.nl, but revenue is nely S569.2.5O, bndgef dgures <hoty- Lei- surc Squaic, '3705 361h 54.. 1.u• S168,9135 u y'cal, is costs S2,12.235 1. npncnle, hill it takes in 571,250 a ge;ou, aring this rear's budges meet- ings, non -cit}• residents told Ute City Council f hey were W Ming to pay more to use Leisure Sryunrc, City at.f demrrn;ned Tc,, ates by r epar:ng fees lit I ... I Net— centers and looking lit 0l,te in- creasys cnuld be made, Falls sat,, Atnuy .f the different rates also \vcry eliminated, he said. "There were I.o many- different catcg.lica"he said "it n.nde it hard t.dclermine(minsl,TheyI ve.sirn- PilRed 11 " New rnmputer .cn(s.:arr will help city empiapees determine in livid. nal ilea Falls said, And Leisine Square I, Id bns- rnln, e• , Ie .'P.t, tun. Ito en- lrancesigns may be re(urbislea ami no cd cluscr to the rood. Vadis aiu;d, "Ifs nor or the "."Plaints we bcat(l;' Pails slid, , II—Pie said chcy didn,t knnc, it was thew'" lowest prleee, Huge leieailom, Nappy custamenl CERAMIC TILE -LAMINATE CARPET- WOOD -VINYL Auditions to hr held at -11,1 Vern licarh lhlvtr Gn'dd 202;) San lu.m Av,. e'en, ISeacL, FL ;2960 1 772-56 1 -S3(A) w,\�\., e robe achtheao rail Ind.: oro INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 1 0e REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Johnny R. Chambliss ADDRESS: 4265 26th Ave PHONE: 772-501-1481 SUBJECT MATTER FOR DISCUSSION: Water bill being charged incorrectly IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? a YES Fx —1 NO IS THIS AN APPEAL OF A DECISION F-1 YES FxNO WHAT RESOLUTION ARE YOU To make sure that the utilities department is billing correctly. REQUESTING OF THE COMMISSION? P g y. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Fx NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: November 5, 2019 FACounty Admin\ExecAsst\AGENDA\Public Discussion Items Focm.doc 249 County Administrator's Matters November 5, 2019 A . o z Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: October 21, 2019 SUBJECT: Proposed 2020 Meeting Dates for the Indian River County Board of County Commissioners Request the Board of County Commissioners to consider the proposed schedule of Board meeting dates for 2020 and provide direction or approval. 250 January 7, 2020 January 14, 2020 January 21, 2020 February 4, 2020 February 11, 2020 February 18, 2020 March 3, 2020 March 10, 2020 March 17, 2020 April 7, 2020 April 14, 2020 April 21, 2020 May 5, 2020 May 12, 2020 May 19, 202V - f, June 2,20201 June 9;i 2020 Tim P 1'6 2020 - - June 23, 2020 July 7, 2020 July 14, 2020�� August 18, 2020 September 15 2020_ Seplember/22, 2020 /---:�I,Oc ober &, 2020.1 �'— October 13, 2020 �O !ober 20, 2020 November 3, 2020 November 10, 2020 November 17, 2020 December 1, 2020 December 8, 2020 December 15, 2020 251 DEPARTMENTAL l •1 MeetingBCC 11-05-2019 f, F4 O 79 c! i INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator/ Department of General Services Parks and Conservation Resources Division Date: October 24, 2019 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Director, Office of Management and Budget From: Kevin M. Kirwin, Director, Parks and Conservation Resources Subject: Waiver of Fees for a Bahamian Helping Hand Event — November 23, 2019 BACKGROUND: The Reverend Sylvester McIntosh and Mr. Tim Nightingale with the Vietnam Veterans of Indian River County (a 501(c) 3) approached staff regarding the reservation and use of the David W. Fleetwood Exposition Center at the Indian River County Fairgrounds in order to host a Bahamian Helping Hand Event at this site on November 23, 2019. The purpose of this event is to raise relief funds for those individuals in the Abaco Islands, Bahamas impacted during Hurricane Dorian. Reverend McIntosh and Mr. Nightingale requested that all fees for the event be waived. All other licensing and insurance requirement would apply. FUNDING: The total fiscal impact of waiving the fees and charges for this event is $600. RECOMMENDATION: Due to the severity of the devastation that Hurricane Dorian had on the Abaco Island, staff respectfully submits this fee waiver request to the Board of County Commissioners for their consideration. ATTACHMENT: Letter from the Vietnam Veterans of Indian River County letter dated October 16, 2019 Fairground License Agreement Fee Detail for the Proposed Event Event Flier APPROVED AGENDA ITEM FOR NOVEMBER 5, 2019 252 Vietnam and All veterans of Indian River County "Assisting Veterans who have fought the battle for our Freedoms" October 16, 2019 To Whom It May Concern: 696 8th Court Vero Beach, FL 32962 (772) 794-0005 http://www.vvire.org vvirc9 @gmail.com Rev. Sylvester McIntosh wishes to hold a "Bahamian Helping Hand" event at. the Indian River Fairgrounds from 1.0:00 am to 1:00 pm. On November 23, 2019. This event is to benefit .A,BCO Bahamas families refine their homes. Rev. McIntosh is a member of Vietnam Veterans of Indian River County, a 501. c3. Our group is in support of this event and will participate is said event: We are a fully insured veteran organization. Since ly; Yad- Victor G. Diaz Secretary Vietnam Veterans of Indian River County 541-217-9541 253 9 Acreage 0-5 Acres 6-10 Acres 11-40 Acres 41+ Acres Vietnam Veterans of IRC - NONPROFIT November 23, 2019 Days Total $ 125.00 X 1 = $ 125.00 $ 150.00 X = $ - $ 275.00 X = $ - $ 525.00 X = $ - Facility Hourly Rates Fleetwood Expo Center Facility Daily Rates .Expo Open Air Pavilion Agricultural Pavilion Entertainment Bldg. Concession Bldg. Ammenities per Event Small Stage Tables Chairs Hoses/Sprinklers Light Carts Internet Access Tent 10x20 Picnic Tables Stage Risers . Serving Carts Ammenities per day Small Bleachers (1st Day) Small Bleachers. Addl. Days Large Bleachers (1st Day) Large Bleachers Add]. Days Stage with Canopy (1st Day) Stage with Canopy Addl. Days Stage without Canopy (1st Day) Stage without Canopy Addl. Days Fire Extinguisher Golf Carts Golf Cart - 8 Passenger Electric Hours $85.00 x 3 = $ 255.00 Days $400.00 x = $ - $300.00 x = $ - $100.00 x = $ - $100.00 x = $ - 254 QTY $50.00 x =$ - $8.00 x = $ - $0.50 x 200 =$ 100.00 $20.00 x = $ - $90.00 x =$ - $100.00 x = $ - $200.00 x = $ - $10.00 x = $ - $20.00 x 6 = $ 120.00 $20.00 x = $ - QTY Per Day $50.00 x x = $ $25.00 x x = $ $175.00 x x = $ $75.00 x x = $ $800.00 x x = $ $150.00 x x = $ $300.00 x x = $ $150.00 x x = $ $10.00 x x = $ $70.00 x x = $ $100.00 x x = $ $75.00 x x = $ 254 Ammenities per week Marquee (1st Week) Marquee Addl. Weeks Marquee Per Day FACILITY EXCLUSION ALCOHOL PERMIT FEE $100.00 x x = $ - $50.00 X X = .$ - $20.00 x X = $ - Days Total $250.00 x = $ - $400.00 x = $ - SUBTOTAL: = $ 6.7% TAX: = DAMAGE DEPOSIT: _ $ TOTAL: = $ Subtotal + Tax: $ 600.00 25% DEPOSIT: = $ 600.00 600.00 150.00 PAYMENTS Check No. Date Amount $ - Balance Due: $ 600.00 POST EVENT RECONCILIATION CHARGES Staff, # Hours Staff $25.00 x x = $ - TAX: = $ - STAFF TOTAL: = _ $ - Date Quote Provided: Quote Provided By: SK ***Quotes are good for 15 days. No dates are held without a 25% deposit.*** 255 DONATIONS 1Vlake all ch ecks to NEMA Bahamas f fund Di�a�ster relief iPIAH.-'AMA s m I N 1) c r. 23:-20 I`9 Time loam t INDIAN .RIVER FAT ROUND 7955, 58tli.Axle. W-ro Beach FL 32967 $]')'oii,sol,:By VietriAlli ve-tera, m of Indian kiver.C.-ou,iltv 56 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Roseland Community Center — MBV Work Order #12 DATE: October 28, 2019 DESCRIPTION AND CONDITIONS In November 2015, Public Works Facilities Management was directed to addressthe differential settling of the Roseland Community Center building. MBV Engineering was employed to evaluate the building differential settlement and provide engineered drawings to address the issue. MVB provided engineered drawings to the County and Summit Construction of Vero Beach, LLC provided a quote of $30,000 to the County on November 2, 2016. The project began on February 6, 2017 and was anticipated to be complete on March 6, 2017. In preparation for raising the building, the excavation of the support piers and structural members of the building was required. At this point, substantial termite damage to the structural members of the building was uncovered. Additionally, substantial termite damage to the sub -flooring of the building was discovered as well as termite damage to the southern portion of the building that was buried. At this point, the contractor was directed to cease construction. On June 13th 2017 the Board unanimously voted to move forward with MBV - Work Order #7, in the amount of $8,300.00, to provide a complete building analysis for the Roseland Community Center. On October 17, 2017 the Board discussed the Final Structural Report from MBV, includingthe estimated cost of $275,000 for rehabilitation of the building. The Board directed staff to obtain a Work Orderfrom MBV for design plans to rehabilitate the building and for staff to present this information to the Board. Staff obtained a Work Order from MBV in the amount of $45,700 for full design plans, permitting, bidding services, and construction administration. This Work Order was not presented to. the Board in December 2017 as General Services staff were coordinating the submittal of a grant application to the Department of Historical Resources (DHR) to fund 50% of the design and construction for the project: The project was ranked 53rd out of 54 projects and staff was informed that the project was not selected for funding. At the direction of the County Administrator, Public Works obtained the services of Ferrell Redevelopment to provide a Historic Preservation Assessment of the Roseland Community Center. The purpose of the assessment was to understand the improvements/repairs that have been undertaken over the years and how they affected the historic standing of the building. The report provides parameters in which to restore the building to its original condition. The assessment indicates that roof, window, door, ceiling, stairs, and other improvements made to the building over the years did not account for the original characteristics of the building. While the report recommends how to reestablish C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@6CODB182\@BCL@6CODB182.doc 257 Page 2 Roseland Community Center BCC Agenda Item for November 5, 2019 the building to mimic the original characteristics, this level of improvement is not necessary to return the building to a habitable condition. As the building is not currently in habitable condition, staff is presenting the Board with Work Order#12 from MBV in the amount of $25,350 for design and permitting to complete the leveling of the building, repair all termite damage to the floors, replace the front door, remove and replace the existing concrete sidewalk to comply with ADA requirements, provide handicap parking, roof replacement, and address drainage issues that have contributed to the settlement of the building. This Work Order is for design and permitting to return the building to a habitable condition. It is not for the total restoration of the building to its original characteristics. FUNDING Funding in the amount of $25,350 will be made available via a budget amendment from Optional Sales Tax/Facilities Management/Roseland Community Center Improvements, Account No. 31522019-66510-18004. RECOMMENDATION Staff recommends approval of Work Order No. 12 for MBV Engineers, Inc., authorizing the above-mentioned professional services as outlined in the attached Scope of Services (Exhibit A) and requeststhe Board authorize the Chairman to execute Work Order No. 12 on their behalf for the total lump sum amount of $25,350.00. ATTACHMENTS MBV — Work Order #12 Roseland Historic Preservation Assessment AGENDA ITEM FOR November 5, 2019 C:\Users\legistar\P.ppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6CODB 182\@BCL@6CODB 182.doc 258 WORK ORDER 12 Roseland Community Center - Repair Project (IRC 1855) This Work Order Number 12 is entered into as ofthis_ day of , 201_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MBV Engineering, Inc. OF INDIAN RIVER COUNTY By: ... By: Chairman Title: Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 259 EXHIBIT A - SCOPE OF WORK It is our understanding that the COUNTY intends to complete repairs at the Roseland Community Center located at 12925 83rd Avenue in Sebastian. The proposed design improvements will consist of leveling and securing the existing floor, re -roof the existing building with all needed improvements, constructing one handicapped parking space to comply with ADA regulations, remove and replace existing front sidewalk and provide minor drainage improvements at the front of the site to alleviate the present erosion condition on the SW corner of the building due to stormwater runoff at this location. These improvements will require an existing conditions survey and it is understood that all existing conditions survey information required will be provided by IRC in CAD. As such, MBV Engineering, Inc. will provide the design and permitting services for this project and as below in further detail. Design Services a. Civil Design Plans The Consultant will prepare 24" x 36" design drawings for the above described improvements and will include the following: Existing Conditions Plan (Existing Conditions survey to be provided by IRC), Demolition Plan needed for proposed improvements, Erosion Control Plan, Site Plan, PGD Plan and Details Plan. b. Structural Design Plans The Consultant will prepare 24" x 36" design drawings for the above described improvements and will include the following: Demolition Plan needed for proposed improvements, Framing Plan, Structural Details, Roofing System Details, and Connection Plan. C. County Reviews and Revisions The Consultant will coordinate with the COUNTY staff during design development for these plans at the 50% and 100% completion phases. COUNTY staff shall provide review comments to Consultant for each phase. Consultant will revise plans for up to two (2) rounds of comments from COUNTY within reasonable scope of the project. Permitting Services The Consultant will prepare the following permit applications and associated submittals for the following agencies: • Indian River County Administrative Approval ($400) • Indian River County ROW Permit ($300) • St. Johns River Water Management District Exemption Request Letter ($100) • Indian River County Building Division Permit • Fire Department Review ($75) This Work Order does not include stormwater modeling, wetlands or other ecological permitting. The Consultant shall respond to up to two (2) request for additional information by the permitting agency. 260 Permit Application fees are included in this contract. BIDDING PHASE The COUNTY shall be responsible for setting the providing the front-end bid documents, bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will provide the following: • Preparation of Documents for Bidding • Attendance at Pre -Bid Meeting All construction specifications will be on the applicable plans in lieu of specifications manual. The Consultant will prepare a pdf file of the final bid package for the COUNTY's use in distribution to prospective bidders via Demandstar. CONSTRUCTION PHASE The Consultant will provide the following scope of services during the construction phase: a. Civil • Attendance at one Pre- Construction meeting • Shop Drawing review of Civil items • Response to Request for Information • (3) visits during construction b. Structural • Shop Drawing review of Structural items • Response to Request for Information • (5) visits during construction DELIVERABLES The Consultant shall provide the COUNTY with the following: • Eight (8) hard copies in 24" x 36" format of the design plans • One (1) electronic version of the plans in .pdf and CAD format EXHIBIT B - FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: 261 Task Fee Design Services a. Civil Design Plans $ 5,500 b. Structural Design Plans $ 6,300 Permitting Services $ 5,100 Bidding Phase $ 1,250 Construction Phase a. Civil $ 2,600 b. Structural $ 4,600 Total $ 25,350 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall, provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT C - SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Permit Ready Design Plans 45 days from receipt of Survey • Final Plans and Permits 60 days from Permit Submission 262 Roseland Community Building: Historic Preservation Assessment September 3, 2019 4 fit �" ' '.. • yam.. �� � - M�r+i "nY1MYW..� ". ..,.�. {� r w.� ,r c. 1960s !mage courtesy of Roseland Women's Club Prepared for Indian River County, Florida a Stephanie Ferrell FAIA Ferrell Redevelopment Historic Preservation and Redevelopment Consulting 633 North Franklin Street Suite 711 FL 33602 FerrellRedevelopment.com Stephanie@FerrellRedevelopment.com Tel 81 3 318 9100 'Mobile 813 390 4266 Historic Preservation Consultants for CPZ Architects Inc. 263 Roseland Community Building: Historic Preservation Assessment Overview The original Roseland Community Building is a wood frame vernacular style building, constructed by the Roseland Women's Club between 1927 and 1929. According to the Women's Club website a concrete block addition was made to the building in about 1959, with major renovations completed in 1996. According to the structural report prepared by MBV Engineering, Inc. the building was relocated at some point during its history. Roseland Community Building, c. 1929. Source: Roseland Women's Club In 1989, a historic resources survey of Indian River County was prepared through funding from the Division of Historical Resources, Florida Department of State and Indian River County to identify and document historic structures and neighborhoods. Among the historic structures recorded through this survey was the Roseland Community Building. The architectural features described in the historic site file record for this property included its original double hung wood 6 -paned divided light windows, wood dropped siding and pier foundation. The file also includes an image of the building taken at that time. See Appendix A. 264 Purpose of this Assessment In August of 2107, MBV Engineering, Inc. completed a `Final Structural Report' for Indian River County that had evaluated the condition of the Roseland Community Building and proposed extensive repairs. In July of 2019, Stephanie Ferrell FAIA was asked by CPZ Architects, Inc. to assist them in the evaluation of the potential impact of the structural repairs on the historic character of this building for the county. Roseland Community Building, c. 1930: Source: Roseland Women's Club As requested we are addressing impact of the proposed structural repairs on the historic character of the building and its architectural features and are not commenting on the structural engineering aspects of the proposed the repairs. Proposed Repairs — Historic Preservation Recommendations Siding: The MBV report recommends replacing any damaged siding and repainting it. The new wood siding should exactly match the original, a sample of which should be reviewed and approved by the owner or owner's architect prior to installation. Siding should be properly prepared prior to installation and painting. Both current and historic images of the building show that there were and continue to be attic vents in the gable ends of the building. The existing wood vents should be repaired - or if replaced, they should match the existing vents in dimension and material. 265 Likewise, the existing wood corner boards should be maintained or replaced in kind and painted. Soffits and Fascia: There is substantial damage to the existing wood soffits and fascia boards. Any new soffits and fascia boards should match the existing in both dimension and material. Windows and doors: Due to their condition, the structural engineer recommends installation of new windows and doors. In that the windows are to be replaced, we recommend installing new 6/6 double hung wood sash windows similar to those seen in the attached historic images dating from 1929 and 1930, (also evident in the state's historic file for the building - Appendix A). Replacement windows could be single hung type rather double hung than as long as they match the original in size and pane geometry (six over six pane). Wood clad windows may also be acceptable. Windows and window installation details including head, sill jamb and flashing details should be reviewed and approved in advance of ordering and installation. With regard to doors, the existing doors are not original. Early versions of the front door show a screen door, likely in front of wood door with a glass light. In that this door is to be replaced, we recommend a door with a glass upper light similar to the original. Roofing of the historic (1929) building: The structural engineer recommends installation of a new roof. In that the roof is to be replaced, we recommend installing a new 5-v crimp metal roof to match the appearance of the original historic roofing as depicted in the attached historic images (dating from 1929 and 1930). The gage of new roof should be determined based upon code requirements. Additionally, the roof should be properly flashed and alternative types of roof/ attic insulation considered. We suggest that details be prepared by an architect in advance of permitting and installation, particularly with respect to the edge of the roof, with a drip edge along the top of the rafter tails, while still leaving the rafter tails exposed along the sides of the historic building. Any new rafter tails replacing damaged or missing ones should match the existing. Insulation: In coordination with a building envelope specialist we recommend that options for roof/ attic insulation be explored, including consideration of the possible use of rigid insulation between the repaired existing roof deck and the new roof. Blown in insulation is not recommended. Careful 4 266 Stair: attention should be given to vapor barriers and any new insulation in the walls and with regard to the existing wood frame floor and wall systems. The structural engineer recommends removal of the existing wood stair. In addition to being deteriorated, this stair is not original to the building, and is not stylistically appropriate to the historic building. The existing stair should be replaced with a new stair that not only meets current building code requirements, but one that is also consistent with the historical architectural character of the building. We recommended that this element be designed by the architect in such a manner as to be appropriate to the historic site. Proposed new sidewalk: If the existing sidewalk is to be removed per the structural engineer's recommendations - and a proposed new sidewalk constructed level with the existing floor level of the historic building - careful attention should be paid to the intersection between the new sidewalk and the building. For instance, in order to protect the long-term integrity of the wood siding along the edge of the proposed new sidewalk, the siding should be protected, with consideration given to flashing between the wooden building and the new concrete sidewalk. In addition there should be appropriate thresholds at each of the doorways. The proposed remedial work in this area should be properly detailed in architectural drawings in advance of permitting and construction. Interior finishes • Walls The existing wall finish in the concrete block portion of the building is painted block, while the interior finish of the wood frame portion of the building is painted drywall. The MBV Engineering report recommends removal of the drywall on the south and east walls of the wood frame portion of the building; investigation as to the condition of existing wall framing; and replacement of the wall finish with new drywall. During the investigation of the wall framing, we recommend determining if there is any evidence of an original or earlier wall finish, such as plaster or bead board. While replacement of the existing finish with drywall is acceptable, should there be evidence of earlier finish, such as bead board, use of this material should be considered. • Flooring Existing finished flooring in both the wood frame and the concrete block addition is wood. The MBV Engineering report recommends 5 267 replacing the existing wood sheathing (subfloor) in specified areas of the wood frame building. In the locations where sheathing removal is to occur, the replacement finished flooring should be either salvaged wood flooring from these areas, or new wood flooring to match the existing. Ceiling The existing ceilings, which are not historic, include acoustical tile in the concrete block addition - and 2x4 lay -in type in the historic wood frame portion of the building. We recommend removing the 2x4 lay -in type ceiling where it exists, examining the condition of the ceiling above (if any) or examining the wood framing, if there is no ceiling above the 2x4 lay -in dropped ceiling in order to determine if there is evidence of an original ceiling type in the historic wood portion of the building. There are a few likely alternative ceiling finishes original to the building, such as plaster, bead board or tongue -and -groove wood. In the historic portion of the building, the choice of new ceiling finish should be responsive the findings as to any historic finishes in evidence. Smooth - finished painted drywall is an acceptable replacement to plaster. Additional comments and suggestions - Restoration Several changes have been made to the Roseland Community Building over time including the removal of the original bracketed awning over the front entry, as well as removal of the two window boxes originally located beneath each of the windows on the front fagade. Additionally, as seen in the c. 1930 photograph above, there was a decorative wood scroll at the peak of the roof at the top of gable on the front fagade. These simple architectural features could be replicated based on the available historic photographic documentation. In order to more authentically restore the character of this historic building, we suggest reconstructing each of these elements. 6 268 Appendix A Florida Master Site File for Roseland Women's Club Division of Historical Resources Florida Department of State .;. 269 RECORD NUMBER: 226 Page 1 HISTORICAL STRUCTURE FORM Site 83)2 0341 X original FLORIDA MASTER SITE FILE update SITE NAME: Roseland Community Building HISTORIC CONTEXTS: Boomtimes NAT. REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: COUNTY: Indian River OWNERSHIP TYPE: Private, Individual PROJECT NAME: Survey of Indian River County: S+P DHR NO. 1893 LOCATION: ADDRESS: 12973 Bay Street CITY: Roseland VICINITY OF/ROUTE TO: See attached maps SUB: Berry's BLOCK 00 LOT 33 PLAT OR OTHER MAP: Indian River County Property Appraiser maps TOWNSHIP: 30S RANGE: 38E SECTION: 35 1/4: 1/4-1/4: IRREGULAR SEC? X y n LAND GRANT: Fleming USGS 7.5 MAP: Sebastian, Fla 1949 PR 1970 UTM: ZONE: EASTING: NORTHING: COORDINATES: LATITUDE: D M S LONGITUDE: D M S HISTORY ARCHITECT: BUILDER: CONSTRUCTION DATE: c 1925 RESTORATION DATE(S): MODIFICATION DATE(S): MOVE: DATE: ORIG. LOCATION: ORIGINAL USE (S): Civic PRESENT USE (S): Civic DESCRIPTION STYLE: Frame Vernacular PLAN: EXTERIOR: Irregular PLAN: INTERIOR: NO. STORIES: 1 OUTBLDGS: 0 PORCHES: 0 DORMERS: 0 STRUCTURAL SYSTEM(S): Wood, balloon frame EXTERIOR FABRIC(S): Wood, drop siding FOUNDATION: TYPE: Piers MATERIALS: Concrete block INFILL: PORCHES: ROOF: TYPE: Gable SURFACING: Composition SECONDARY STRUCS: Flat CHIMNEY: NO.: 0 MATERIALS: LOCATIONS: WINDOWS: DHS, 6/6 EXTERIOR ORNAMENT: CONDITION: Good SURROUNDINGS: Residential NARRATIVE: See continuation sheet shingle extension, overhang SEE SITE FILE STAFF FOR OIUGINAL PHOTO(S) OR MAP(S) 270 RECORD NO: 226 �/J Page 2 FMSF HISTORICAL STRUCTURE FORM Site 8 �+���(j ' ARCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? y X n ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture, Recreation, Government ELIGIBLE FOR NAT. REGISTER? y X n likely, need info insf info SIGNIF. AS PART OF DISTRICT? y X n likely, need info insf info SIGNIFICANT AT LOCAL LEVEL? y n likely, need info X insf info SUMMARY OF SIGNIFICANCE * * * * DHR USE ONLY * * * * * * * DHR USE ONLY * DATE LISTED ON NR * KEEPER DETERMINATION OF ELIG.(DATE): NO * SHPO EVALUATION OF ELIGIBILITY (DATE): _YES _YES NO * LOCAL DETERMINATION OF ELIG. (DATE): YES NO * OFFICE * * * * * * DHR USE ONLY * * * * * * * DHR USE ONLY RECORDER INFORMATION: NAME: Stephen Olausen DATE: 03/15/89 AFFILIATION: Historic Property Associates, Inc PHOTOGRAPHS LOCATION OF NEGATIVES: HPA, PO Box 1002 St Augustine, F1 32085 NEGATIVE NUMBERS: Roll 8 Fr 12 PHOTOGRAPH See Attachments M A P 271 rn 226 Continuation Sheet Statement of Significance: This one-story wood Frame Vernacular residential building is located at 12973 Bay Street. Notable architectural features include its gable roof, drop siding exterior wall fabric, and 6/6 double hung sash windows. Alterations to the building include a flat extension. Frame Vernacular is defined as the common wood frame construction techniques of lay or self taught builders. Prior to the Civil War vernacular designs were local in nature, transmitted by word of mouth or by demonstration, and relying heavily upon native building materials. With the coming of the American Industrial Revolution mass manufacturers became the pervasive influence over vernacular house design. Popular magazines featuring standardized manufactured building components, house plans, and house decorating tips flooded consumer markets and helped to make building trends universal throughout the country. The railroad also aided the process by providing cheap and efficient transportation for manufactured building materials. Ultimately, the individual builder had access to a myriad of finished architectural products from which he could pick and choose to create a design of his own. Frame Vernacular is the most common architectural style found in Florida. Frame Vernacular houses pre -dating 1920 are generally two stories in height, with a balloon frame structural system constructed of pine, and a brick pier foundation. They have regular plans, usually rectangular, but often L-shaped plans were used to maximize cross -ventilation. The interior spaces contain two rooms (hall and parlor), two or four rooms divided by a central hall, or two rooms with a stairway on the side. They have gable or hip roofs with pitches steep enough to accommodate attic space. Horizontal drop siding and weatherboard are the most common exterior wall surface materials. Wood shingles were originally used to cover the roofs, but they have nearly always been replaced by composition shingles in a variety of shapes and colors. The facade of Frame Vernacular residences is often placed on the gable end, making the height of the facade greater than its width. Porches are also a common feature of the style. They include one and two-story end porches or verandas. Fenestration is regular, but not always symmetrical. Windows are double -hung sash with multi -pane glazing and doors contain recessed wood panels. Decoration is sparse. It is generally limited to ornamental woodwork including a variety of patterned shingles and trusswork in the gables, turned balustrades and porch columns, and eave and porch brackets. This building is located in the A.A. Berry (c. 1915) subdivision of the unincorporated community of Roseland. X72 y213Q Architectural evidence based on comparisons with buildings of similar size and design indicates that the building was constructed circa 1925. Roseland is located immediately north of the City of Sebastian, and is bordered on the north by the Sebastian River. The community is in a small part of the 20,000 -acre Fleming Grant, which was conveyed to George Fleming by Spanish Governor Coppinger in 1816. Subsequently, in 1883, the entire grant was purchased by Charles Downing, who subdivided and sold portions of his property. In 1889, the Town of Wauregan was platted, but the community failed to develop. Eventually, two subdivisions were created from this original plat. In April 1902, J.O. Fries replatted a portion of the Wauregan subdivision east of the FEC tracks, renamed the streets, and called the community Roseland. Later, in 1911, the Florida Developing Company of Clarinda, Iowa, replatted a portion of Wauregan west of the FEC tracks, and called it the Townsite of Roseland, renaming streets and creating school, park; and church sections. A small community near the Sebastian River, the population there totaled eighty-three in 1930, which by 1940, had increased to 125. Located on the southeast coast of Florida, Indian River County was carved out of St. Lucie County in 1925. In the 1880s, as railroads and steamboats opened Central Florida to development, the first permanent white settlers moved into the region. Post offices were located at Sebastian (1882), Roseland (1892), and Oslo (1898). In 1894, the Florida East Coast Railway laid its tracks through the area, facilitating transportation and shipping of people and products. The railroad spurred development in the county. Early plats of the area included Wauregan (1889), Roseland (1903), and Gifford (1904). By 1900, citrus and pineapple were important industries there. Development in the area was slow primarily because a significant portion of the county was comprised of marshlands. Frequent heavy rainfalls caused the headwaters of the St. Johns River to back up over the marshes and wetlands flooding citrus groves and buildings. Drainage projects undertaken by the Fellsmere and Indian River farm companies in the early twentieth century reclaimed large areas of land for crop production and made more land available for development. During the Florida Land Boom, special demands were placed on the local government to manage increasing resources and development, resulting in the creation of the county. In 1910, the population of the county totaled approximately 1,000. Between 1910 and 1920 the communities of Sebastian, Vero, and Fellsmere became incorporated. By 1930, nearly 7,000 people resided in the county. Buildings in the unincorporated areas which date to over fifty years old reflect the historical and architectural heritage of Indian River County. 276 Appendix B Current Photographs of the Roseland Community Building July through August 2019 277 gw- YNC �eRR.) 'y. + Lyi i,1 3-µ y.�, '~f s� +7�� .��`� �t. ���1C��} e .���� � � •� ` ti'c'r.l ,lyrs �►`♦' • .�� � G("i - I �; �~y`At' ft i.' � •�' ��*"' ti" •ii'H��s •^,�!a• FI • :sF.. ' �7�Ni.�' r• :wv` �� . . �VI�,y� J t,� �i.�- . y'14...�i'• � _ •�'�•'•Y' , + �'ylYr'-F'r}• , ,� S 'r'"'^�..�� .st., ;� �T y y '✓ 'z'.�f..`- �,��i 'moi i+:•'�� r If V T. 1+y' f. moi* , .,,?>'r�t.t�i qi ..:1•%'sj� 7+.i 'NW - Pill Wlg:'�i r' . .. n . �D� .� ✓ ,� C •4 IM tit`/ , �y:•. f5+J1,J4 t1 ( f ttr:R%��:F<ti►,�1 �� �• 1 y�!� .f,•,7� � ��tR�. �r♦'1 �/; ,� � �� ,AR'r �,4 ROSELAND The Ays Indians lived along the confluence of the St. Sebastian and �. the Indian River (Rio days) when the Spanish arrived in the 1300s. #4 For hundreds of years after that, settlements in the' Indian River area were restricted to the coastal areas where citrus. pineapples. and fishing were the primary industries. In 1816. George Fleming. an Irishman who had served in the army of Spanish Florida. received+�i•1 j i� a large lend grant on both sides of the St..Sebastien .River. This 1 . grant was important in the growlh of the area.- Roseland's first rl.• ;u citizen was Dempsey Cain, who settled on the no-rth4 siderof the river 'i r 'the southyin 1877. Cain is credited with naming the coinmunit ,ton i f ;side of the river Roseland after the wild 'r ' bses-th.at ;'grew t there In abundance.; As more settlers arrived, a postoffice was -built In' 1892• i i ' i and; -In -1893. a 'depot and water tower were-ticbilstructed fors Henry •..roti :'Ftagler's East -'Coast Railway. In 1910. the A.Ai;.Berrq-Land• DevelopmenttK,y r`$� ' Coifipany; purchased the remnants of the 'old `Fleming hand igrant. The me �� `i ' * originaT'Berry. Lend -Office Building still. stands'°in'- Roseland, "as. -does � 4$#;"the A026 ••Roseland Community Center. built of -lumber, ialvaged 'from g�.'tfie'�first'rbridge,•to�;cross the. St. Sebastian, River.- N -ew w• �,., =:+. of;i A FLORIDA HERITAGE SITE SPONSORED'aY THE INDIAN RIVER COUNTY HISTORICAL SDCIETY f TOURIST DEVELOPMENT COUNCIL OF INDIAN RIVER COUNTY --' Fy.818 `r �ANO THE FLORIDA DEPARTMENT OF STATE - 2014 �• Z5 •'' A® �.��i,ffl.4 �i�i�i{t.. J _dA tM2•'��:I tit+ fl- 7�• �ii �Ir.I•_. 279 ` � '" r • . r �•. ',<-�`._ti. �.f : " � �, ..�� l.-�.7`:r;, � . /AAA�,/' * M^i:...��: ._ 279 SIE: ,�{? '- .: ;.-"r'•�..,. yI�-�xr v,:• � .lr '! •ti I is ' :; .` lr J� �\ `1,!,. �11,1i•�+��it isy��jr w � . Am Wool Its.. , �i�lll M � ,�. Aj W L Z ;qw_ MIS V. IL • ���'�. ��� ?!''.mss � s Ali i � ` " -•v _j, � 5 i : tom•. �.-;,. {,, ._ t`'r-,..•.-_i . - .�3���►'+�' .. 1,t "%`�. � w_ 1,';•.. _ .. 2 :..- „' 283 i"� t %�.:. `cam - •..,.... . ' -e' �i �. .. C. +` i,�Y TJ It�.l j1v w `•fi� ' T ' . = t -1 10 4.6 - t�{f ;► y t a �• J '.�.:_�-' ��'�; ,�^ •3 ,.� 4 , r,, ,sir �,�="�'.... w�v�'"_5 NE 285 � a 285 r L ME Indian River County, Florida Department of Utility Services Board Memorandum Date: October 22, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Thru: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Richard Meckes, Wastewater Superintendent Subject: Sole Source for MKI Services Inc. Background/Analysis: In 1999, the Indian River County Department of Utility Services (IRCDUS) installed and started operations of the Suez Infilco Traveling Bridge Filters #1 and #2 located at the Central Regional Wastewater Facility. The filters are designed to filter the wastewater effluent for further treatment and eventual discharge to the reuse system. This vital process equipment is required to ensure that the facility is in compliance with the Florida Department of Environmental Protection (FDEP) treatment requirements as well as the health and safety of our environment. Over the last 19+ years, the equipment received routine maintenance, but the equipment is now in need of refurbishment. The refurbishment will consist of internal porous plates, underwater components, launders, indexing peg supports and filter media. This work has a one-year warranty period from the date of completion and will extend the useful life of these units an additional 20 years. MKI Services Inc. is the sole source provider for factory -certified technicians and parts for the Suez Treatment Solutions Infilco Process Equipment. MKI Services has provided the Rehab Service Proposal for a cost of $415,000.00 Funding: Funds for this project are available in the Renewal and Replacement (R&R) budget in the Operating Fund. Operating funds are generated from water and sewer sales. $500,000.00 was budgeted for this work in the FY 2019/2020 Budget Description Account Number Amount Central WWTF Filter Rehab 47121836-044699-19524 $415,000.00 287 Recommendation: Staff recommends that the Board of County Commissioners designate MKI Services Inc. as the sole source for Suez Treatment Solutions Infilco Process Equipment, effective for three years from approval, waive the requirement for bids for this and any other Suez Treatment Solutions Infilco Process Equipment parts and services, and authorize the Purchasing Division to issue a purchase order to MKI Services Inc. for $415,000.00. Attachments: 1. MKI Services Inc. Service Proposal 2. Sole Source Letter, Suez Treatment Solutions DATE: 10/10/19 TO: Mr. Kevin Gibson FROM: W. Ben McDorman SUBJECT: IRC Central WWTP One (1) ABW Filter Refurbishment Mr. Gibson: MKI Services, Inc. offers the following described equipment and services under the terms and prices stated in this proposal. MKI Services, Inc. is the sister company of Moss Kelley Inc., Moss Kelley is the authorized representative for Suez. EQUIPMENT To furnish the following ABW Automatic Backwash Package Filter parts for One (1) complete Automatic Backwash (ABW) traveling bridge filter system as described: 1. CONVENTIONAL UNDERDRAIN A. One (1) LOT of Polyethylene porous plates with nominal dimensions 38 1/2" x 11 1/2" x 3/4" th k. B. One (1) LOT of FRP Holddown Angles. C. One (1) LOT of 304 SS End Wall Angles D. One (1) LOT of 304 SS Hardware for Underdrain Assembly. E. One (1) LOT of Sika -Flex "1A" adhesive/sealant caulk. F. One (1) LOT of Sika -Flex #260 primer 2. UNDERWATER COMPONENTS A. One (1) LOT of UHMW wear strips along with 304 SS fasteners and drop in anchors B. One (1) LOT of lower Bottom compression springs (7" free length) compressed to 5 %" — 5 Y2" C. One (1) UHMW backwash shoe D. One (1) LOT of Stainless steel threaded tie -rods for filter cell stiffening 3. LAUNDERS A. One (1) LOT of new fiberglass launder sections with fasteners B. One (1) LOT of new launder brackets & anchor plates with anchors 4. INDEXING PEG SUPPORT A. One LOT of new fiberglass unistrut sections to support indexing pegs above filter cells 5. FILTER MEDIA A. One (1) LOT of 0.55 - .65mm Silica sand filter media (includes 5% extra for backwashing fines). Sand will be shipped in Supersacks B. The filter media shall consist of a nominal 11" layer of high grade silica sand, complying with Sections 1, 2.2 and 5 of the Standard Specifications for Filtering Material (AWWA Designation:13100). The sand shall be well graded and material showing abnormal grading shall be rejected. The particle size distribution shall be determined by screening through standard U.S. Series sieves. The percent size shall be determined from a plot of the percentage of the material passing each sieve, against the rated opening of the sieve. The 10% size or effective size of the high grade silica sand shall be between 0.55 and 0.65 millimeters. The uniformity coefficient (ratio of 60% size to 10% size) shall not exceed 1.40. 6. MISCELLANEOUS A. O & M Manuals i. Suez will provide one (1) electronic of Operation and Maintenance manuals, that will include installation instructions, assembly & detail drawings, and vendor catalog cut sheets B. Field Service i. Suez will provide a maximum of nine (9) days of service, on site, in not more than three (3) per filter by a qualified Suez Field Service Engineer for observation, testing, startup and training. Includes (2) days observation during the removal of the existing porous plates, holddown angles & existing adhesive/sealant, (5) days observation during the porous plate installation and (2) days for final check out, setting level probes, limit switches, backwash out media fines, verify correct media depth, set washwater and backwash flow control valves and provide operator training. Additional days of field service are available on a per diem basis at $1,500.00 dollars (USD) per day plus travel expenses. Suez requires that their Field Service Engineer remain on site to observe the entire porous plate installation. ii. Suez requires that all outdoor ABW® Filter installations being rehabilitated be covered to block direct exposure to the sun during 290 the entire porous plate installation period and cure time for the adhesive/sealant. The cover must remain in place until the filter media is re- introduced into the filter bed. SERVICES Scope Includes: 1. Remove existing one (1) filter parts - (Provided by MKI) 2. Clean out existing filter - (Provided by MKI) 3. Caulk new filter parts - (Provided by MKI) 4. Install new cell dividers - (Provided by MKI) 5. Fill in with Sand - (Provided by MKI) Items excluded from our erection proposal: • Concrete • Permits • Painting • Electrical ACCESS The basis of this proposal is that it is the responsibility of the IRC Central WWTP to provide MKI Services with access immediately to the valves at the facility. Access is to be provided on an uninterrupted basis. Disruptions or work stoppages shall be cause for extra compensation for moving or waiting. NON-UNION We are a merit contractor (open shop) and as such will perform all fieldwork with personnel not affiliated with trade unions. The Purchaser is responsible for providing and maintaining site conditions compatible with this labor status. CONFINED SPACE By the definitions of confined space in accordance with the OSHA regulations, the subject work is not in a confined space. If Purchaser's safety regulations are in disagreement with this interpretation, then we need to be advised as to what rules will be required and be given an opportunity to price the cost of those rules. 291 EXCLUSIONS Storage Foundations Utility supply PAYMENT TERMS: 90% NET 30 Days, 10% Retainage up to a maximum of 120 days. SHIPMENT: Shipment can be made 20-22 weeks after receipt of final drawing approval and release for manufacture. All shipments are F.O.B. factory with full freight allowed to the jobsite. All claims for damage or loss during shipment shall be initiated by the purchaser. SERVICE: Field service is included as specified and called in the attached Suez proposal. If additional service is required, it is available at a daily rate of $750 per day plus travel and living expenses. TAXES: This proposal does not include any sales or use taxes of any kind. VALIDITY: This proposal is firm for 90 days after which it is subject to withdrawal or change without notice. INSTALLATION: Installation will require approximately four (4) weeks per filter after all materials are delivered to the jobsite. PRICE: $ 222,000.00 — For One (1) Filter $ 415,000.00 — For Two (2) Filters If you have any questions regarding this scope, please contact me at our Coral Springs office. Very truly yours, MKI SERVICES, INC. W. Ben.McDorman 292 SUEZ Treatment Solutions Inc 8007 Discovery Drive, Richmond, VA 23229 P.O. Box 71390, Richmond, VA 23255 tel: +1 804 756-7600 fax: +1 804 756-7643 October 10, 2019 To Whom It May Concern, Re: Sole Source Letter SUEZ is the sole manufacture of Infilco products. MKI Services, Inc. is the sole or exclusive representative for SUEZ within the state of Florida for the purchase of Infilco new products, OEM repair parts, repairs and maintenance, No other representative can sell products, repair/.replacement parts, maintenance, repair/replacement services, field services and technical support for SUEZ. Please feel free to contact me, or Ben McDorman, if you should have any additional questions. Sincerely, Bill Bernstein Customer Care Coordinator, INFILCare Parts & Service Sales Infilco Degremont is now SUEZ 8007 Discovery Drive, Richmond, VA 23229 USA Tel: +1 804 756-7600—www.degremoni-technologies.com 293 13A MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 21, 2019 SUBJECT: Opioid Litigation Update BACKGROUND The state attorneys general, local governments and other public entities nationwide have filed lawsuits as a result of damages suffered due to the opioid epidemic. In November 2017, a panel of federal judges decided to combine the separate federal actions filed by various local governmental agencies against the pharmaceutical industry into one single Multi District Litigation in the Northern District of Ohio. The case was assigned to Judge Dan Polster. As of July 2019 there were approximately 1,800 combined cases before Judge Polster. The cases accuse drug manufacturers, along with drug distributors like McKesson, AmerisourceBergen, and Cardinal Health and national pharmacies of responsibility for opioid -related harm. On June 14, 2019, attorneys for local governments unveiled a plan that could lead to a global settlement of the federal lawsuits. The plan called for the creation of a negotiation class consisting of every local government in the country. On August 13, 2019, the County Attorney's Office provided the Indian River County Board of County Commissioners (the "Board") with an update on the opioid litigation. At the Board meeting, the County Attorney stated that he would continue to keep the Board informed on the matter. Since the Board meeting, Judge Polster has approved moving forward with the Negotiating Class. Recently, the County Attorney's Office received a Class Action Notice and Frequently Asked Questions (FAQs) from the United States Court for the Northern District of Ohio. The Federal Court Combined all actions filed regarding the Opioid Litigation into the "In re: National Prescription Opiate Litigation", Case No. 1:17- md-2804 (DAP). Indian River County and the cities and towns in Indian River County are part of the Negotiation Class Action. The Negotiation Class includes all counties, parishes, boroughs and all incorporated places, including without limitation cities, towns, townships, villages, and municipalities. If the County chooses to stay in the Class, it will be bound if a Class settlement is approved in the future. Once a settlement has been reached by the Class, Class Members would lose their ability to proceed in litigating their cases individually. There is a provision that addresses if the County stays in the Class and one or more of the cities within that county does not stay in the Class, then it is possible that the County's portion of the settlement proceeds will be reduced based on the affected population of those cities. 294 Board of County Commissioners October 21, 2019 Page Two The Board has until November 22, 2019 to ask to be excluded from the class or object to the future settlement of the class. No action is required in order to stay in the settlement class. If the Board decides to stay in the settlement class, the Board will relinquish its right to file a lawsuit concerning the issues and claims at stake in the litigation. If and when a Class Settlement is reached, a proposal will be sent to the Class Members to review for approval or rejection. If no proposed settlement is reached, the Class will not vote and will have no other role. FUNDING. There is no funding associated with this item if the Board decides to stay in the settlement class and file a claim. RECOMMENDATION. The County Attorney's Office recommends that the Board vote to stay in the settlement class and file a claim when available. 295 r ATTORNEY'S MATTERS: 11/5/2019 TIME CERTAIN: 10:30 A.M. Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 22, 2019 SUBJECT: Attorney -Client Session ATTORNEY An attorney-client session with the Board of County Commissioners regarding settlement negotiations and/or strategy sessions related to litigation expenditures in the litigation of Ocean Concrete, Inc. and George Maib vs. Indian River Coun , pending in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River County, Florida; Case No. 312007CAO11589, is scheduled for 10:30 a.m. during the regular Commission meeting on Tuesday, November 5, 2019. The estimated time of the attorney-client session is forty-five minutes and will be held in the County Commissioners' Conference Room located on the second floor of Building A of the County Administration Complex, 1801 27th Street, Vero Beach, Florida. In attendance will be Commissioners Bob Solari (Chairman), Susan Adams (Vice Chairman), Joseph E. Flescher, Peter D. O'Bryan, and Tim Zorc. Also present will be Paul Berg (outside counsel); County Attorney Dylan Reingold; .County Administrator Jason E. Brown;. and a certified court reporter. Once the attorney-client session is completed, the regular Commission meeting will re -convene in the County Commission Chambers. nhm 296 Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER CO ATTO RNEYS OFC 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beachin Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. October 27, 2019 '-Z 4, __ Subscribed and sworn to before on October 27, 2019: Notarv. State of WI. Countv of Brown TARA VIONDLOCH Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $99.18 Ad No:0003860040 Customer No: 1310775 PO #: attorney-client session (Ocean Concrete) PUBLIC NOTICE 13, 0. PECOVED 1O11N_ry 17'TQRNEy,S OFFICE The Board of County Commissioners of Indian River County, Florida provides notice of an attorney-client session regarding the following pending litigation: Ocean Concrete, Inc. and George Maib vs. Indian River County, pending in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River County, Florida; Case No. 312007CA011589, at 10:30 a.m. on Tuesday, November 5, 2019. The subject matter of the meeting will be settlement negotiations . and/or strategy sessions relating to litigation expenditures. The session will . commence at an open meeting in the County Commission Chambers located on the first floor of Building A of the County Administration Com- plex, 1801 27th Street, Vero Beach, Florida, will continue at a closed meeting in the County Commissioners' Conference Room located on the second floor of Building A of the Coun- ty Administration Complex and will terminate .at an open meet- ing in the County Commission Chambers. The estimated time of the attorney-client session is forty-five (45) minutes. Present at the meeting will be Commissioners Bob Solari (Chairman), Susan Adams (Vice Chairman), Joseph E. Flescher, Peter D. O'Bryan, and Tim Zorc. Also present will be Paul Berg (outside counsel); County Attorney Dylan Reingold; County Administrator Jason E. Brown; and a certified court reporter. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BOB SOLARI, CHAIRMAN Pub Oct 27, 2019 TCN3860040 November 5, 2019 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 24, 2019 SUBJECT: Requesting the Governor Appoint IRC's Representative to the Florida Inland Navigation District FROM: Tim Zorc Commissioner, District 3 Discussion Item: Since November of 2016, when Paul Dritenbas resigned due to illness, IRC's seat on the Board of Commissioners of the Florida Inland Navigation District (FIND) has sat vacant. For numerous reasons, filling this important slot — and replacing a person of Paul's caliber -- has proven difficult. I'd like to propose a letter from the Chairman, asking Governor DeSantis to appoint IRC's representative (commissioner) to the FIND. 297 Board of Commissioners and Staff £+ Print Thi ERE n" Thz Thank you for your interest in the Florida Inland NaN igation District Feel free to contact one of the commissioners or an office staff below. If you do not know uho to contact; please. fill out the general contact form and you `%I be contacted as soon as possible. All fields are required. COADIiISSIONERS I CARL BLOAAT jce-Chair St. Johns County, j Email J. CARL BLOW i T. SPENCM CROi1M?, -�, DJ Commissioner 7� hiiaani-Dade County Email T. SPENCER CRO M DON DONALDSON Chair St: Lucie County. Email DON DONALDSON FRANK GERN'ERT Secretary Broward County, Email Frank Gernert DO:YALD J. CiIOZZO Commissioner martin County Email DONALD J. CUOZZO Vacant Indian. River County CHARLES "Charlie G SUSAN'1lE McCABE k LSIl4IINGER Commissioner Commissioner Volusia Count Palm. Beach CAtlnfi' Email SUSANNE MGCABE Email CHARLES "Charlie" C. MAMME - JON ANIS bUCHAU O'STEEN Treasurer Comm+sstoner Flagler County �-- Din -al Cwmty Email JOIN NETTS Email MICHAEL O'ST£EN i \! JERRY ILSANSOM ( LINNYVILLUM Commissioner Commissioner 1 Brevard County, ,; Nassau County ! Email JERRY H. SANSOM EmailLYNN UMIJAI IS 298 ' Mission Print This e E-inaii'This The mission of the Florida Inland Navigation District.is to perforin the functions of the"local sponsor" of the Atlantic Intracoastal NI+atenvay project in Florida, a State/Federal navigation project. In this capacity the District provides all lands required for the navigation project including rights of way and lands for the management of dredged materials removed from the i aten%,a;, channel during dredging activities. The District is the local navigation sponsor of the Okeechobee Waterway (OXAII D in Palm Beach and Martin County. Statement of Agee Organization and Operation 299 I 6 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: October 22, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Final Pay to CDM Smith for CCNA 2018 Work Order No. 4 — Full Cost Accounting and Financial Assurance Reporting Descriptions and Conditions: On January 15, 2019, the Solid Waste Disposal District (SWDD) Board approved CCNA 2018 Work Order No. 4 to CDM Smith to prepare a Full Cost Accounting and Financial Assurance evaluation for the 2017- 2018 fiscal year on behalf of the Indian River County Landfill. The authorization was executed with a not - to -exceed budget of $63,920. Analysis: CDM Smith has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount, including the final invoice of $17,108.50. After final payment, the total amount paid to CDM Smith will be at the cost of $63,920. Attached is CDM Smith's letter report describing in more detail the services provided under each task. Funding: Funding for this work is budgeted and available in the Engineering Services account number, which is funded from SWDD assessments and user fees. Description Account Number =Amount Engineering Services 41121734-033130 1 $17,108.50 Recommendation: Solid Waste Disposal District staff recommends that its Board approve CDM Smith's final invoice amount of $17,108.50. , Attachment: 1. CDM Smith Project Completion Report & Final Invoice 300 CDM Smith 1701 Highway A 1 A Suite 301 Vero Beach, Florida 32963 tel: 772 2314301 fax: 772 2314332 September 30, 2019 Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Indian River County Solid Waste Disposal District CDM Smith CCNA-2018 WO NO.4 Full Cost Accounting and Financial Assurance Reporting Final Invoice Dear Mr. Mehta: Transmitted herewith is a project completion report for the above referenced project. This work was completed in accordance with the Continuing Contract Agreement for Professional Services between Indian River County (IRC) Solid Waste Disposal District (SWDD) and CDM Smith Inc. (CDM Smith), dated April 17, 2018 under Work Order No. CCNA2018-WO No. 4 dated January 15, 2019. This project completion report is to serve as additional information to the final invoice (Invoice No. 90083669). Each year SWDD is required to document full cost accounting and financial assurance in accordance with Solid Waste Operations Permit. CDM Smith assists IRC SWDD with some of these submittals to the Florida Department of Environmental Protection (FDEP) each year. TASK 1.0 - FULL COST ACCOUNTING EVALUATION FOR FISCAL YEAR 2017-2018 Under provisions of Chapter 62-708.300(3), Florida Administrative Code (F.A.C.), IRC SWDD is required to determine and publicly disclose the full cost of solid waste management within its service area for Fiscal Year 2017-2018. CDM Smith prepared a Full Cost Accounting Report, which was delivered to IRC SWDD on September 26, 2019. This report sets forth the full cost of solid waste management for Fiscal Year 2017-2018, in accordance with the requirements of Chapter 62-708, F.A.C. CDM Smith also prepared a Public Notice Disclosure based on the full cost of solid waste management in IRC SWDD for Fiscal Years 2017-2018. LL 00 WATER + ENVIRONMENT+TRANSPORTATION + ENERGY+ FA&tTIES CDM Smith Mr. Himanshu H. Mehta, P.E. Managing Director September 30, 2019 Page 2 TASK 2.0 FINANCIAL ASSURANCE SWDD operates a Class I landfill and a Construction and Demolition (C&D) debris landfill facility through a contract with Republic Services Inc. SWDD is required by Chapter 62-701, F.A.C. to provide financial assurance for each of these facilities annually. Task 2.1 - Recalculation of the Closure Cost Estimates CDM Smith prepared.a recalculation of the estimated closing and long-term care costs for the Class I and C&D debris landfill. CDM Smith used the recalculated closing and long-term care cost estimates to complete the Closure Cost Estimating Form for Solid Waste Facilities for the both the Class I landfill (includes the waste tire site) and the C&D debris landfill. The forms were submitted to FDEP on August 29, 2019. Task 2.2 -Survey and Airspace Assessment Under this task, CDM Smith provided a survey and assessment of consumed airspace. The survey work was performed by Masteller, Moler, & Taylor, Inc. for the Class I and construction & demolition (C&D) debris landfills. The topographic survey was performed on the entire IRC Landfill site, including the Class I waste area (Segments I, II, and III as well as the ditches and roadways surrounding the Class I area), the C&D debris landfill site (waste area, as well as the fence -line and the surrounding ditches and berms adjacent to the C&D debris site), expansion areas, stormwater pond, and administrative area. The survey was transmitted to SWDD on June 26, 2019. The deliverable from Masteller, Moler, & Taylor, Inc. consisted of a survey report identifying the date the field survey was completed and the airspace consumed for the Segments II and III portions of the Class I landfill, as well as the C&D debris landfill. The deliverable included the topographic survey, aerial photograph, and a compact disk containing the AutoCAD files. Task 2.3 -Financial Assurance Report CDM Smith prepared documentation that demonstrated proof of financial assurance for the cost of closing and providing long-term care for the Class I landfill, the C&D debris landfill, and the waste tire site. CDM Smith submitted the final Financial Assurance Report, which included recommendations for Fiscal Year 2018-2019 escrow account balances and escrow account budget recommendations for Fiscal Year 2019-2020 to SWDD on September 26, 2019. CDM Smith appreciates the opportunity to provide these services to IRC SWDD. If you have any questions or require additional information on the above project, please contact me. jj2616.docx 302 CDM Smith Mr. Himanshu H. Mehta, P.E. Managing Director September 30, 2019 Page 3 Sincerely, Amy M. Hightower, P.E., BCEE, PMP Project Manager CDM Smith Inc. AMH/jj File: PW PL1 6706-234998.02.01 »3103 elf CDM - Smith 621 N.W. 53rd Street, Suite 265 Boca Raton, Florida 33487 Tel: 561 571-3800 Fax: 561 241-7084 INDIAN RIVER COUNTY FLORIDA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Amount Due: $17,108.50 PLEASE INCLUDE INVOICE NUMBER ON ALL Please Remit To: CDM Smith Inc. PO Box 100902 AUanta GA 30384 0902 Account Number: Wire Routing: Invoice Number: Invoice Date: Project Number: 000200418081 011000138 90083669 09/28/2019 234998 In accordance with the Continuing Contract Agreement for Professional Services, dated April 17, 2018 and CNNA2018 Work Order No. 4, dated January15, 2019, between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: Description Contract Amount $63,920.00 Lumpsum Amount $63,920.00 Percent Complete 100.00% Billed ITD $63,920.00 Less Previously Billed. $46,811.50 Total $17,108.50 Amount Due $17,108.50 304 CDM - Smith INDIAN RIVER COUNTY FLORIDA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Amount.Due: $17,108.50 Please Remit To: CDM Smith Inc. PO Box 100902 Atlanta GA 30384-0902 Account Number: Wire Routing: Invoice Number: Invoice Date: Project Number: PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE 000200418081 011000138 90083669 09/28/2019 234998 In accordance with the Continuing Contract Agreement for Professional Services, dated April 17, 2018 and CNNA2018 Work Order No. 4, dated January15, 2019, between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: TASK1-FULL COST ACCOUNTING Description Contract Amount $8,270.00 Lumpsum Amount $8,270.00 Percent Complete 100.00% Billed ITD $8,270.00 Less Previously Billed $7,856.50 Total $413.50 Amount Due $413.50 305 Smith INDIAN RIVER COUNTY FLORIDA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remit To: CDM Smith Inc. PO Box 100902 Atlanta GA 30384-0902 Account Number: Wire Routing: Invoice Number: Invoice Date: Project Number: Amount Due: $17,108.50 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE Services from August 11,2019 to September 30, 2019 000200418081 011000138 90083669 09/28/2019 234998 In accordance with the Continuing Contract Agreement for Professional Services, dated April 17, 2018 and CNNA2018 Work Order No. 4, dated January15, 2019, between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: TASK2-FINANCIAL ASSURANCE D- • • OlEon Contract Amount $55,650.00 Lumpsum Amount $55,650.00 Percent Complete 100.00% Billed ITD $55,650.00 Less Previously Billed $38,955.00 Total $16,695.00 Amount Due $16,695.00 306 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: October 25, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Change Order No. 6 to Thalle (Bid #2018025) Descriptions and Conditions: On April 10, 2018, the Indian River County (IRC) Solid Waste Disposal District (SWDD) awarded Bid No. 2018025 in the amount of $16,034,260.00 to Thalle Construction Company (Thalle), Inc. of Hillsborough, North Carolina, for the construction of the Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. This funding included a 10% contingency budget of $1,457,660. A Notice to Proceed (NTP) was issued on May 9, 2018. Substantial completion of Segment 2 Partial Closure and Landfill Gas System Expansion phase (Milestone 1) is 180 calendar days (November 5, 2018), and substantial completion of Landfill Segment 3 Cell 2 Expansion phase (Milestone 2) is 360 calendar days (May 4, 2019) from the NTP. Final completion is 390 calendar days (June 3, 2019) from the NTP. On September 17, 2018, Thalle submitted a request to our engineer, CDM Smith, for a 105 -days -in -contract - time extension for Milestone 1, identifying wet conditions as a basis for this request. On November 20, 2018, the SWDD Board approved Change Order No. 1 to Thalle extending Milestone 1 to February 18, 2019. On February 12, 2019, the SWDD Board approved Change Order No. 2 to Thalle for a deductive change order in the amount of $2,659,127.14 as a result of direct purchase items, resulting in a revised contract amount of $13,375,132.86. On March 26, 2019, the SWDD Board approved Change Order No. 3 to Thalle to use $12,236.97 from approved contingency budget into the active project budget as well as adding 27 days in contract time. On June 18, 2019, the SWDD Board approved Change Order No. 4 to Thalle for approval of $855,955.37 from the approved contingency budget into the active project budget as well as an additional 62 days in contract time. On August 13, 2019, the SWDD Board approved Change Order No. 5 to Thalle use $530,761.05 from approved contingency budget into the active project budget as well as adding 68 days in contract time. The corresponding Substantial Completion Date for Milestone 1 was changed to July 25, 2019, the Substantial Completion Date for Milestone 2 was changed to October 8, 2019 and Final Completion Date was changed to November 7, 2019. Based on the previous change orders to date, the original contingency budget of $1,457,660 has been reduced to $58,707. 307 Our project engineer, CDM Smith, has reviewed and recommended approval of a request for additional rain days with the project under this request for Change Order No. 6. This will not change the total contract funding of $13,375,132.86. Analysis: CDM Smith reviewed the Change Order No. 6 request and submitted a recommendation letter on October 25, 2019, to approve the request by Thalle for rain days associated with this project for the months of June, July, August and September. Per CDM Smith, they carefully reviewed Thalle's request for 51 days delay and can only recommend SWDD award 42 days rain delays to the actual work occurring at the time. This approval would change the Substantial Completion Date for Milestone 1 to September 5, 2019, change the Substantial Completion Date for Milestone 2 to November 19, 2019 and change the Final Completion Date to December 19, 2019. Please note, the actual Substantial Completion of Milestone 1 was achieved by Thalle on August 28, 2019 at which time the new access road on top of the closure project was opened to the public. This date is within the recommended change for Milestone Completion Date of Milestone 1 to September 25, 2019 and therefore there was no impact to SWDD. Staff supports this request for approval of rain days. Funding: This is a no -cost change order and therefore no impact to the project funding. Recommendation: Solid Waste Disposal District staff recommends that its Board approve and authorize the Chairman to execute Change Order No. 6 approving extension in contract time for Milestone 1, Milestone 2, and Final Completion by 42 days to Thalle Construction Company, Inc., forthe Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. Attachment: 1. CDM Smith Letter of Recommendation 2. Change in Contract Summary Log (attachments on file in the Department of Utility Services) 3. Change Order No. 6 (on file in the Department of Utility Services) E Smith 1701 Highway A 1 A Suite 301 Vero Beach, Florida 32963 tel: 772 2314301 fax: 772 2314332 October 25, 2019 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District 1325 74th Ave SW Vero Beach, FL 32968 Subject: Indian River County Solid Waste Disposal District. Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion IRC Contract No.: 2018025 Change Order No. 6 - Rain Delays for June, July, August, and September Dear Mr. Mehta: Transmitted herewith are three copies of the Change Order Number 6, for the contract extension for rain delays. The rain delays for June and July were not part of Change Order Number 5. We have carefully reviewed the contractor's request for 51 days delay and can only recommend Indian River County award 42 days rain delays to the actual work occurring at the time. We trust the enclosed is sufficient for your review and the Board's approval. If you need any additional information or clarification, please do not hesitate to contact our office. Sincerely, Martin J. Lewis, P.E., BCEE, PMP Project Manager CDM Smith Inc. MJL/jj Attachments: Tables 1, 2, and 3 Change Order No. 6 Form Thalle Construction Requests for rain delays. File: PW PL1 6706-228608.05.06.70 r 22��QQ WATER + ENVIRONMENT +TRANSPORTATION + ENERGY + 41491I -IES CDM - Smith Mr. Himanshu Mehta, P.E. October 25, 2019 Page 2 cc: Eric Grotke, CDM Smith Kevin Vann, CDM Smith Reinaldo Gonzalez, Thalle J12636Ltdo _- �I