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11/19/2019 (2)
_OR1�% BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 19, 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 Reverend Holly Adams, Community Church of Vero Beach 3. PLEDGE OF ALLEGIANCE Jason Brown, County Administrator 3.A. ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN 3.B. ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating November, 2019, as Alpha-1 Antitrypsin Deficiency Awareness Month Attachments: Proclamation 5.B. Presentation by The Veterans of Indian River County 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION November 19, 2019 Page 1 of 6 8. 7.A. Landfill Closure and Collection Service Changes for the Thanksgiving Holiday Attach) ments: Staff Report CONSENT AGENDA i 8.A. Checks and Electronic Payments November 1, 2019 to November 7, 2019 Attachments: Finance Department Staff Report 8.B. Arcadia Vero Beach, LLC's Request for Final Plat Approval for a Subdivision to be Known as Arcadia Subdivision - Phase 2 [SD -15-11-09 / 2001010025-84441] Attachments: Staff Report Location Map Final Plat Layout 8.C. Gary and Toni Dillon's Request for Release of Easements at 80511th Drive SW (Oslo Park Subdivision) Attachments: Staff Report Maps of Easements Proposed Resolution Releasing Easements 8.D. Rejection of Bid 2020005 - Hobart Park Ballfields Attachments: Staff Report 8.E. Miscellaneous Budget Amendment 001 Attachments: Staff Report 2019 2020 Resolution Exhibit A 8.F. Annual Resolution re Signatories Attachments: ents: Staff Report Resolution 8.G. Renewal of EZ Links Point of Sale & TeeTime System Agreement Attachments: Staff Report 2019—Renewal 8.H. FDOT Locally Funded Agreement Chairman's Signature for Right of Avenue (IRC -0853), FM 431759-1-4B/42/43/45-03 I Attachments: Staff Report Authorizing Resolution (LFA) and Resolution Authorizing the Way Remediation Services - SR -60 & 43rd No. 43 17 5 9 - 1 -4B/42/43/45-02, FDOT Locally Funded Agreement November 19, 2019 1 Page 2 of 6 8.I. Memorandum of Agreement between the Florida Fish and Wildlife Conservation Commission and Indian River County, Parks and Conservation Resources for Boating Ramp Projects and Maintenance Attachments: Staff Report FWC Boat Ramp MOA 11082019 Boat Ramp MOU with FWC - Attachment A MOA Attachment B Site Dedication Form 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Tax Collector Carole Jean Jordan Annual Fiscal Report for the Year Ended September 30, 2019 Attachments: Tax Collector Correspondence . Tax Collector Annual Report 9.11. Indian River County Property Appraiser Wesley Davis Annual Fiscal Report for the Year Ended September 30, 2019 Attachments: Property Appraiser Correspondence Property Appraiser Report 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Gifford Youth Achievement Center Regarding Request to Change Ordinance to Allow Alcohol to be Served by Caterer in GYAC Building on Leased County Land When Children Are Not Present Attachments: Public Discussion Request C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Public Hearing Scheduled for December 3, 2019: County Initiated Request to Amend the 5 Year Capital Improvements Program and. Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan (Legislative) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. Update on Discussions between County and City of Vero Beach Staff on Water and Wastewater Issues Attachments: Staff Memorandum 12. DEPARTMENTAL MATTERS A. Community Development November 19, 2019 Page 3 of 6 B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club •41.G 7 U 1 ^fF7 T it - II�-0f�'Itc-L111P�.�� tvm —? _ 24Q–Renewal—_ 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. Final Award of RFP 2020006 Sandridge Golf Cart Fleet Replacement Financed via Interfund Loan and Early Payoff of Existing Golf Cart Fleet Interfund Loan Attachments: Staff Report Amortization Schedule 2019 Amortization Schedule 2016 F. Public Works G. Utilities Services 12.G.1. Biosolids Rule -Making Comments for Chapter 62-640 Florida Administrative Code Attachments: Staff Report FDEP Email Regarding Proposed Rule FDEP Notice of Proposed Rule Statement of Estimated Regulatory Costs Staff Comments on 2nd Version of Draft 13. COUNTY ATTORNEY MATTERS 13.A: Indian River County Committees - Member Reappointments Attachments: Staff Report Commitee Members Term Renewal Vacancies List (Term Exp 2020) - Info Only Non -Renewal Vacancies List - Term Exp 2020 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari B. Commissioner Susan Adams November 19, 2019 Page 4 of 6 I C. Commissioner Joseph E. Flescher 14.C.1. Open discussion on serving alcohol at GYAC special events Attachments: Commissioner's Memorandum D. Commissioner Peter D. O'Bryan E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Collective Bargaining Agreement between Indian River County and the International Association of Firefighters, Local 2201 Attachments: Staff Report Proposed Changes to CBA Letter of Ratification from Local 2201 IAFF Proposed Contract B. Solid Waste Disposal District 15.B.1. Termination of Recycling Agreement with Tropical Recycling Attachments: Staff Report Termination of Agreement 15.B.2. Approval of a Leachate Pilot Study by the Indian River Eco -District Attachments: Staff Report IRED Leachate Pilot Study Proposal 15.B.3. Amendment No. Ito CCNA-2018 Work Order No 4 - Evaluation of Pilot Study of Using Evaporation Technology for Leachate Management Attachments: Staff Report Amendment No 1 15.13.4. Yard' Waste Processing and Recycling Services Agreement with Atlas Organics, Inc. Attachments: Staff Report Agreement with Atlas Organics C. Environmental Control Board 16. ADJOURNMENT November 19, 2019 ! Page 5 of 6 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent. Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which ,the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until S: 00 p. m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to S: 00 p.m. November 19, 2019 Page 6 of 6 6l PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER, 2019, AS ALPHA-1 ANTITRYPSIN DEFICIENCY (ALPHA-1) AWARENESS MONTH WHEREAS, Alpha-1 Antitrypsin Deficiency ("Alpha-1") is one of the most common and serious hereditary disorders in the world and can result in life-threatening lung disease in adults and liver disease in both children and adults; and WHEREAS, Alpha-1 has been identified in nearly all populations and ethnic groups, and it is estimated that about 1 in every 2,500 Americans have the disorder, including up to 6 percent of Caucasians in the U.S. who carry a single deficient gene that may be passed on to their children; and WHEREAS, Alpha-1 is widely under -diagnosed and misdiagnosed, with fewer than ten percent of those predicted to have it being correctly diagnosed, and requiring an average of five doctors and seven years from the time symptoms appear before proper diagnosis is made using a simple blood test; and WHEREAS, it is important to increase awareness of this serious hereditary disorder; and WHEREAS, during the month of November, a nationwide awareness campaign will take place throughout the country to educate the public as well as the medical community on Alpha-1 detection and treatment for those affected by this condition. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the month of November, 2019, be designated as Alpha-1 Antitrypsin Deficiency Awareness Month, and that the Board wishes to increase familiarity with the symptoms of Alpha-1 — particularly in those between the ages of 20 and 50 — and thereby reduce under -diagnosis and misdiagnosis of this condition. Adopted this 19th 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 O'Bryan 1 1r Indian River County, Florida Solid Waste Disposal, District Board Memorandum Date: November4, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared by: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Landfill Closure and Collection Service Changes for the Thanksgiving Holiday In observance of the Thanksgiving Holiday, the Main County Landfill and the five Customer Convenience Centers will be closed on Thursday, November 28, 2019. In addition, there will be no residential curbside services for recycling, garbage or yard waste on that day. The chart below provides information regarding collection services in unincorporated county and the municipalities. Residents may visit the Solid Waste Disposal District website at ircrecycles.com for more information. Location I Garbage and Yard Waste Services Recycling Services Unincorporated IRC Garbage and Yard Waste Services will be shifted by one day. City of Fellsmere Thurs. customers will be serviced on Fri. Nov. 29. customers will be serviced on Sat. Nov. 30. iFri. If you have questions regarding your service schedule, Recycling services will be please call Waste Management at 569-1776. shifted by one day. Thurs. customers will be City of Sebastian Garbage services for Thurs. customers will be serviced on Mon. Dec. 2. serviced on Fri Nov. 29. Yard waste services for Thurs. customers will be Fri. customers will be serviced on Thurs. Dec. 5. serviced on Sat. Nov. 30. If you have questions regarding your service schedule, If you have questions regarding please call Waste Management at 569-1776. your service schedule, please call Waste Management at City of Vero Beach' Garbage services for Thurs. customers will be 569-1776. serviced on Fri. Nov.29. No changes to yard waste services. If you have questions regarding your service schedule, please call the City of Vero Beach at 978-5300. Town of Orchid No changes No changes Indian River Shores Garbage services for Thurs. customers will be No changes serviced on their next scheduled service day. if you have questions, please . No changes to yard waste services. call Republic services at If you have questions regarding your service schedule, 562-6620. please call Republic Services at 562-6620. 2 JEFFREY RAMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS I FROM: EL[ISSA NAGY, FINANCE DIRECTOR comprRO� L) . iy 9 r p 154,FR cOUTO F� THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 7, 2019 I SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 1, 2019 to November 7, 2019 I 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 November 1, 2019 to November 7, 2019. 3 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 388749 11/01/2019 FLORIDA UC FUND 4,950.00 388750 11/01/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 388751 11/01/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 303.42 388752 11/01/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 388753 11/01/2019 NORTH CAROLINA CHILD SUPPORT 105.69 388754 11/01/2019 ECMC 302.94 388755 11/01/2019 NORTH CAROLINA DEPARTMENT OF REVENUE 91.57 388756 11/01/2019 COMMONWEALTH OF MASSACHUSETTS 154.00 388757 11/01/2019 KANSAS PAYMENT CENTER 219.69 388758 11/01/2019 RICOH USA INC 149.18 388759 11/06/2019 TREASURE COAST PERCUSSION 150.00 388760 11/07/2019 DATA FLOW SYSTEMS INC 1,200.00 388761 11/07/2019 UNIVERSITY OF FLORIDA 160.00 388762 11/07/2019 ELIZABETH MARTIN 212.75 388763 11/0,7/2019 JASON E BROWN 555.89 388764 11/0,7/2019 CAREER TRACK 299.00 388765 11/07/2019 TREASURE COAST SPORTS COMMISSION INC 100.00 388766 11/0.7/2019 UNIVERSITY OF CENTRAL FLORIDA 605.00 388767 11/017/2019 EMBASSY SUITES HOTEL 762.00 388768 11/07/2019 PETER OBRYAN 15.53 388769 11/07/2019 BRIAN FREEMAN 99.60 388770 11/07/2019 SUSAN ADAMS 70.04 388771 11/0:7/2019 LINDA CAGGIANO 76.63 388772 11/07/2019 JOHN BIRHANZL 262.06 388773 11/07/2019 ROBERT GONZALEZ 251.06 388774 11/07/2019 BRIAN SULLIVAN 924.25 388775 11/07/2019 STURGIS LUMBER & PLYWOOD CO 36.99 388776 11/07/2019 RANGER CONSTRUCTION IND INC 2,190.27 388777 11/07/2019 VERO CHEMICAL DISTRIBUTORS INC 285.68 388778 11/07/2019 LUCAS WATERPROOFING CO LLC 23,000.00 388779 11/07/2019 RICOH USA INC 60.81 388780 11/07/2019 TESCO SOUTH INCORPORATED 348.40 388781 11/07/2019 HENRY SCHEIN INC 4,999.30 388782 11/07/2019 SAFETY PRODUCTS INC 499.75 388783 11/07/2019 AT&T WIRELESS 170.83 388784 11/07/2019 DELTA SUPPLY CO 925.59 388785 11/07/2019 E -Z BREW COFFEE & BOTTLE WATER SVC 21.46 388786 11/07/2019 GRAINGER 3,441.33 388787 11/07/2019 GENES AUTO GLASS INC 160.00 388788 11/07/2019 SAFETY KLEEN SYSTEMS INC 400.00 388789 11/07/2019 GAYLORD BROTHERS INC 452.59 388790 11/07/2019 CLIFF BERRY INC 398.15 388791 11/07/2019 KSM ENGINEERING & TESTING INC 313.50 388792 11/07/2019 VERO INDUSTRIAL SUPPLY INC 43.20 388793 11/07/2019 EXPRESS REEL GRINDING INC 1,100.00 388794 11/07/2019 TIRESOLES OF BROWARD INC 3,435.28 388795 11/07/2019 MOTION INDUSTRIES INC 3,081.03 388796 11/07/2019 NEWMANS POWER SYSTEMS 1,329.60 388797 11/07/2019 DELL MARKETING LP 4,600.25 388798 11/07/2019 BLAKESLEE SERVICES INC 66.30 388799 11/07/2019 BAKER & TAYLOR INC 9,682.81 388800 11/07/2019 BAKER & TAYLOR INC 67.39 388801 11/07/2019 MIDWEST TAPE LLC 1,265.85 388802 11/07/2019 METTLER TOLEDO INC 2,344.60 388803 11/07/2019 BAKER DISTRIBUTING CO LLC 356.52 388804 11/07/2019 CENGAGE LEARNING INC 7,993.58 388805 11/07/2019 PALM TRUCK CENTERS INC 243.48 388806 11/07/2019 GO COASTAL INC 101.85 El TRANS NBR DATE VENDOR AMOUNT 388807 11/07/2019 SOFTWARE HARDWARE INTEGRATION 8,173.40 388808 11/07/2019 AT&T 94.85 388809 11/07/2019 UNITED PARCEL SERVICE INC 12.81 388810 11/07/2019 EBSCO INDUSTRIES INC 6.05 388811 11/07/2019 LIVINGSTON PAGE 120.00 388812 11/07/2019 JANITORIAL DEPOT OF AMERICA INC 39.35 388813. 11/07/2019 PUBLIX SUPERMARKETS 9.64 388814 11/07/2019 PUBLIX SUPERMARKETS 72.41 388815 11/07/2019 PUBLIX SUPERMARKETS 30.23 388816 11/07/2019 PUBLIX SUPERMARKETS 151.76 388817 11/07/2019 FEDERAL EXPRESS CORP 61.47 388818 11/07/2019 FEDERAL EXPRESS CORP 157.02 388819 11/07/2019 LIBERTY FLAGS INC 800.00 388820 11/07/2019 SIEMENS INDUSTRY INC 4,779.00 388821 11/07/2019 TIMOTHY ROSE CONTRACTING INC 140,016.33 388822 11/07/2019 CALLAWAY GOLF SALES COMPANY 160.73 388823 11/07/2019 FLORIDA POWER AND LIGHT 17,527.14 388824 11/07/2019 FLORIDA POWER AND LIGHT 4,460.37 388825 11/07/2019 WALTER KOMARNICKI SR 60.00 388826 11/07/2019 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 388827 11/07/2019 TAYLOR MADE GOLF CO INC 661.91 388828 11/07/2019 STRUNK FUNERAL HOMES & CREMATORY 850.00 388829 11/07/2019 MEDICARE PART B FINANCIAL SERVICES 653.32 388830 11/07/2019 TREASURE COAST SPORTS COMMISSION INC 7,557.57 388831 11/07/2019 FLORIDA STATE GOLF ASSOCIATION 118.00 388832 11/07/2019 HENRY SMITH 180.00 388833 11/07/2019 ALAN C KAUFFMANN 480.00 388834 11/07/2019 VETERANS ADMINISTRATION 333.24 388835 11/07/2019 AETNA 136.70 388836 11/07/2019 BLUE CROSS BLUE SHIELD 719.21 388837 11/07/2019 HUMANA 199.41 388838 11/07/2019 FLORIDA LEGISLATURE 600.00 388839 11/07/2019 BRIDGESTONE AMERICAS INC 3,340.96 388840 11/07/2019 INDIAN RIVER MOSQUITO 10,399.00 388841 11/07/2019 PERKINS COMPOUNDING PHARMACY 125.00 388842 11/07/2019 MICHAEL QUIGLEY 100.00 388843 11/07/2019 TRANE US INC 2,924.00 388844 11/07/2019 CELICO PARTNERSHIP 321.00 388845 11/07/2019 U S BANK NATIONAL ASSOCIATION 944.69 388846 11/07/2019 JOSEPH W VASQUEZ 120.00 388847 11/07/2019 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 388848 11/07/2019 THE CLEARING COMPANY LLC 2,249.50 388849 11/07/2019 TREASURE COAST RADIATOR & MARINE INC 782.00 388850 11/07/2019 PARGAS 514.50 388851 11/07/2019 SOUTHERN JANITOR SUPPLY INC 2,068.54 388852 11/07/2019 MBV ENGINEERING INC 2,207.50 388853 11/07/2019 NATIONAL ASSOCIATION OF HOUSING AND 524.40 388854 11/07/2019 STAPLES CONTRACT & COMMERCIAL INC 249.99 388855 11/07/2019 HEVERON GROUP INC 19,039.00 388856 11/07/2019 GLOVER OIL COMPANY INC 70,974.64 388857 11/07/2019 BOTTOM LINE PERSONAL 39.00 388858 11/07/2019 DAYSPRING 500.00 388859 11/07/2019 JOHNNY B SMITH 480.00 388860 11/07/2019 DANE MACDONALD 96.00 388861 11/07/2019 CHARLES A WALKER 200.00 388862 11/07/2019 CEMEX INC 925.02 388863 11/07/2019 WOLF, MARSHALL L & HAROLDENE 80.11 388864 11/07/2019 COX, LAWRENCE E 139.00 388865 11/07/2019 WIDMAN, WILLIAM & RAMONA 54.51 388866 11/07/2019 MADESSIA FLOWERS 60.00 5 TRANS NBR DATE VENDOR AMOUNT 388867 11/07/2019 KATHLEEN P DOUGHERTY 50.00 388868 11/07/2019 DALE KING 180.00 388869 11/07/2019 FLEETBOSS G P S INC. 5,391.00 388870 11/07/2019 NICOLACE MARKETING INC 1,085.00 388871 11/07/2019 WINSUPPLY OF VERO BEACH 342.98 388872 11/07/2019 CCG SYSTEMS INC 8,607.91 388873 11/07/2019 FLORIDA MEDICAID 44.45 388874 11/07/2019 FINLAY MANAGEMENT 500.00 388875 11/07/2019 DATA TRANSFER SOLUTIONS LLC 7,200.00 388876 11/07/2019 OVERDRIVE INC 2,399.22 388877 11/07/2019 BERMUDA SANDS APPAREL LLC 1,431.12 388878 11/07/2019 KEITH GROCHOLL 120.00 388879 11/07/2019 ORLANDO FREIGHTLINER INC 157.04 388880 11/07/2019 HEATHER HATTON 150.00 388881 11/07/2019 LOWES HOME CENTERS INC 35.77 388882 11/07/2019 CARDINAL HEALTH 110 INC 26.22 388883 11/07/2019 KYLE ANDERSON 875.00 388884 11/07/2019 ALEX MIKLO 240.00 388885 11/07/2019 TREASURE COAST TURF INC 340.00 388886 11/07/2019 PENGUIN RANDOM HOUSE LLC 45.00 388887 11/07/2019 CARMEN LEWIS 203.00 388888 11/07/2019 STRAIGHT OAK LLC ' 264.05 388889 11/07/2019 CHEMTRADE CHEMICALS CORPORTATION 2,862.10 388890 11/07/2019 VALAPTSLLC 350.00 388891 11/07/2019 SKECHERS USA INC 2,881.66 388892 11/07/2019 KATHLEEN PARISOT 120.00 388893 11/07/2019 MASCHIVIEYER CONCRETE COMPANY OF FLORIDA 731.61 388894 11/07/2019 COBRA GOLF INCORPORATED 1,887.13 388895 11/07/2019 MICHAEL EDWARD HAMILTON 300.00 388896 11/07/2019 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 388897 11/07/2019 PRESTIGE HEALTH CHOICE 152.87 388898 11/07/2019 UNIFIRST CORPORATION 1,001.91 388899 11/07/2019 SUNSHINE HEALTH PLAN MEDICAID 103.18 388900 11/07/2019 RUSSELL L OWEN III 200.00 388901 11/07/2019 PEOPLE READY INC 152.16 388902 11/07/2019 ROBERT O RICHARDSON III 420.00 388903 11/07/2019 LJB EQUIPMENT SALES INC 2,411.52 388904 11/07/2019 COLE AUTO SUPPLY INC 4,096.29 388905 11/07/2019 MCLAUGHLIN PROPERTIES LLC 3,089.00 388906 11/07/2019 BETH NOLAN 102.00 388907 11/07/2019 LAUREN KELLEY 69.36 388908 11/07/2019 FLORIDA BULB & BALLAST INC 2,898.45 388909 11/07/2019 NESTLE WATERS NORTH AMERICA 122.64 388910 11/07%2019 STUART RUBBER STAMP & SIGN CO INC 178.56 388911 11/07/2019 SYSTEMATIC SERVICES EAST LLC 7,577.23 388912 11/07/2019 CLASSY CHRIS GRAY PROMOTIONS LLC 500.00 388913 11/07/2019 WOERNER AGRIBUSINESS LLC 706.50 388914 11/07/2019 THERNELL MILLS 60.00 388915 11/07/2019 ENGINEERED SERVICES INC 90.00 388916 11/07/2019 VIKING LANDSCAPING LLC 7,500.00 388917 11/07/2019 DAN WILD LLC 148.00 388918 11/07/2019 AMERICAN JANITORIAL INC 3,392.00 388919 11/07/2019 RAMONA MURPHY 48.50 388920 11/07/2019 AMAZON CAPITAL SERVICES INC 2,020.49 388921 11/07/2019 TREASURE COAST PLUMBING LLC 1,760.50 388922 11/07/2019 VERONIQUE ORY STURIALE 30.00 388923 11/07/2019 ISCO INDUSTRIES INC 190.00 388924 11/07/2019 PIRATE PEST CONTROL LLC 23.00 388925 11/07/2019 VALLEY POWER EQUIPEMENT & RENTAL INC 2,587.00 388926 11/07/2019 WILLIE MOSLEY 162.00 6 TRANS NBR DATE VENDOR AMOUNT 388927 11/07/2019 LOUIS AGUDELO 54.00 388928 11/07/2019 GRBK GHO HOMES LLC 46,886.27 388929 11/07/2019 JOHN J DRISCOLL 200.00 388930 11/07/2019 DAVID MIKE 100.00 388931 11/07/2019 BENEFIT EXPRESS SERVICES LLC 5,887.35 388932 11/07/2019 JORDAN POWER EQUIPMENT CORP 589.96 388933 11/07/2019 JAMES ROMANEK 180.00 388934 11/07/2019 AUTOMATED METAL PRODUCTS INC 2,158.88 388935 11/07/2019 SOUTH AG DISTRIBUTING INC 49,690.00 388936 11/07/2019 JUDITH A BURLEY 25.50 388937 11/07/2019 KENNETH FASS JR 108.00 388938 11/07/2019 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,685.25 388939 11/07/2019 JENNIFER D JAMES 254.00 388940 11/07/2019 PIERCE BENDER 120.00 388941 11/07/2019 INVASIVE PLANT ERADICATORS LLC 850.88 388942 11/07/2019 CUSTOM GOLF PRODUCTS LLC 4,690.00 388943 11/07/2019 BLUE GOOSE CONSTRUCTION LLC 431.00 388944 11/07/2019 STAPLES INC 284.86 388945 11/07/2019 LOWES COMPANIES INC 1,957.43 388946 11/07/2019 PEOPLEREADY INC 12,366.90 388947 11/07/2019 ADVANCED DATA SOLUTIONS INC 1,115.00 388948 11/07/2019 CLEARSTREAM RECYCLING INC 3,044.00 388949 11/07/2019 PALM COAST SHUTTERS & ALUMINUM PRODUCTS IN 63.00 388950 11/07/2019 NURSERYMENS SURE GRO CORP 2,165.92 388951 11/07/2019 GRETCHEN LONG 67.60 388952 11/07/2019 ANTHONY BROWN 80.03 388953 11/07/2019 FLUID FLOW PRODUCTS INC 1,401.14 388954 11/07/2019 JEREMY SPILMAN 55.00 388955 11/07/2019 MARICA M FORESMAN 554.00 388956 11/07/2019 JOSEPH HASZONICS 503.20 388957 11/07/2019 NANCES BENNETT 88.58 388958 11/07/2019 CHARLES G BALL JR 79.20 388959 11/07/2019 BREGO PROPERTIES LLC 2,000.00 388960 11/07/2019 LINDA D MAC DONALD 560.00 388961 11/07/2019 THOMAS O'HAIRE 81.11 388962 11/07/2019 THOMAS D MAHONE 6.08 388963 11/07/2019 SALVATORE J MAZZAGATTI 83.18 388964 11/07/2019 USA TECHNOLOGIES INC 15.90 388965 11/07/2019 CHRIS ZAVESKY 60.00 388966 11/07/2019 UTIL REFUNDS 46.78 388967 11/07/2019 UTIL, REFUNDS 63.83 388968 11/07/2019 UTIL REFUNDS 24.37 388969 1.1/07/2019 UTIL REFUNDS 40.37 388970 11/07/2019 UTIL REFUNDS 39.48 388971 11/07/2019 UTIL REFUNDS 5.51 388972 11/07/2019 UTIL REFUNDS 47.43 388973 11/07/2019 UTIL REFUNDS 78.28 388974 11/07/2019 UTIL REFUNDS 41.68 388975 11/07/2019 UTIL REFUNDS 25.40 388976 11/07/2019 UTIL REFUNDS 32.78 388977 11/07/2019 UTIL REFUNDS 40.69 388978 11/07/2019 UTIL REFUNDS 30.88 388979 11/07/2019 UTIL REFUNDS 18.02 388980 11/07/2019 UTIL REFUNDS 162.06 388981 11/07/2019 UTIL REFUNDS 64.20 388982 11/07/2019 UTIL REFUNDS 60.38 388983 11/07/2019 UTIL, REFUNDS 30.75 388984 11/07/2019 UTIL REFUNDS 265.81 388985 11/07/2019 UTIL, REFUNDS 11.92 388986 11/07/2019 UTIL REFUNDS 97.01 7 TRANS NBR DATE VENDOR AMOUNT 388987 11/07/2019 UTIL REFUNDS 21.64 388988 11/07/2019 UTIL REFUNDS 76.24 388989 11/07/2019 UTIL REFUNDS 83.91 388990 11/07/2019 UTIL REFUNDS 67.63 388991 11/07/2019 UTIL REFUNDS 13.34 388992 11/07/2019 UTIL REFUNDS 133.60 388993 11/07/2019 UTIL REFUNDS 12.71 388994 11/07/2019 UTIL REFUNDS 30.62 388995 11/07/2019 UTIL REFUNDS 78.17 388996 11/07/2019 UTIL REFUNDS 681.78 388997 11/07/2019 UTIL REFUNDS 106.65 388998 11/07/2019 UTIL REFUNDS 72.09 388999 11/07/2019 UTIL REFUNDS 94.92 389000 11/07/2019 UTIL REFUNDS 42.64 389001 11/07/2019 UTIL REFUNDS 39.23 389002 11/07/2019 UTIL REFUNDS 71.09 389003 11/07/2019 UTIL REFUNDS 687.11 389004 11/07/2019 UTIL REFUNDS 75.69 389005 11/07/2019 UTIL REFUNDS 81.70 389006 11/07/2019 UTIL REFUNDS 3.31 389007 11/07/2019 UTIL REFUNDS 34.06 389008 11/07/2019 UTIL REFUNDS 63.96 389009 11/07/2019 UTIL REFUNDS 338.27 389010 11/07/2019 UTIL REFUNDS 50.33 389011 11/07/2019 UTIL REFUNDS 84.03 389012 11/07/2019 UTIL REFUNDS 19.33 389013 11/07/2019 UTIL REFUNDS 36.24 Grand Total: 620,980.19 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900108 11/01/2019 GRACES LANDING LTD 8,057.00 900109 11/01/2019 WILLIE C REAGAN 446.00 900110 11/01/2019 RIVER PARK ASSOCIATES LIMITED 12,507.00 900111 11/01/2019 CREATIVE CHOICE HOMES XVI LTD 18,744.00 900112 11/01/2019 DAVID YORK 584.00 900113 11/01/2019 ST FRANCIS MANOR OF VERO BEACH 256.00 900114 11/0,1/2019 TREASURE COAST HOMELESS SERVICES 3,511.00 900115 11/0'1/2019 FLORIDA POWER AND LIGHT 269.00 900116 11/01/2019 VENETIAN APARTMENTS OF VERO BEACH 377.00 900117 11/01/2019 VERO CLUB PARTNERS LTD 20,431.00 900118 11/01/2019 DAVID SPARKS 370.00 900119 11/01/2019 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,012.00 900120 11/0.1/2019 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,387.00 900121 I VOY2019 CRAIG MERRILL 512.00 900122 11/01/2019 HAGGERTY FAMILY LTD 367.00 900,123 11/01/2019 THE PALMS AT VERO BEACH 15,508.00 900124 11/01/2019 DAVID CONDON 718.00 900125 11/01/2019 HILARY MCIVOR 391.00 900126 11/01/2019 PELICAN ISLES LP 7,153.00 900127 11/01/2019 SUNCOAST REALTY & RENTAL MGMT LLC 4,602.00 900128 11/01/2019 OAK RIVER PROPERTIES INC 317.00 900129 11/01/2019 SONRISE VILLAS LTD 2,564.00 900130 11/01/2019 ADINA GOLDMAN 615.00 900131 11/01/2019 INDIAN RIVER RDA LP 4,904.00 900132 11/01/2019 GEORGE THUYNS 543.00 900133 11/01/2019 LAZY J LLC 1,704.00 900134 11/01/2019 JESSE LEWIS 678.00 900135 11/01/2019 SKOKIE HOLDINGS INC 703.00 900136 11/01/2019 OSLO VALLEY PROPERTIES INC 833.00 900137 11/01/2019 SAID S MOOBARK 1,611.00 900138 11/01/2019 OSCEOLA COUNTY SECTION 8 688.26 900139 11/01/2019 ANTHONYARROYO 481.00 900140 11/01/2019 DANIEL CORY MARTIN 569.00 900141 11/01/2019 YVONNE KOUTSOFIOS 20.00 900142 11/01/2019 ALAN R TOKAR 728.00 900143 11/01/2019 VERO BEACH VILLAS I LLC 449.00 900144 11/01/2019 BRIAN E GALLAGHER 591.00 900145 11/01/2019 STEPHANIE WATCHEK FOUNTAIN TRUST 122.00 900146 11/01/2019 SCOT WILKE 217.00 900147 11/01/2019 THEODORE BARTOSIEWICZ 488.00 900148 11/01/2019 FOUNDATION FOR AFFORDABLE RENTAL 23,607.00 900149 11/01/2019 RICHARD KUSSEROW 459.00 900150 11/01/2019 JOHN T STANLEY 776.00 900151 11/01/2019 WEDGEWOOD RENTALS LLC 1,388.00 900152 11/01/2019 ALMA LUCKETT 745.00 900153 11/01/2019 MCLAUGHLIN PROPERTIES LLC 1,362.00 900154 11/011/2019 MYRIAM MELENDEZ 522.00 900155 11/01/2019 WATSON REALTY GROUP 2,690.00 900156 11/01/2019 SHER LLC 439.00 900157 11/01/2019 LAWRENCE C SALTER 470.00 900158 11/01/2019 LINDSEY GARDENS 11,582.00 900159 11/01/2019 SUNQUESTAPRTMENTS LLC 2,599.00 900160 11/01/2019 PJD HOLDINGS LLC 1,050.00 900161 11/01'/2019 ORCHARD GROVE VENTURE LLC 1,494.00 Grand Total: ! 170,210.26 Z ELECTRONIC PAYMENT - VISA CARD TRANS. NBR i DATE VENDOR AMOUNT 1015796 11/01/2019 PARKS RENTAL & SALES INC 450.00 1015797 11/01/2019 COPYCOINC 4.25 1015798 11/01/2019 RING POWER CORPORATION 6,453.98 1015799 11/01/2019 MIKES GARAGE & WRECKER SERVICE INC 390.00 1015800 11/01/2019 MEEKS PLUMBING INC 329.03 1015801 11/01/2019 SOUTHERN COMPUTER WAREHOUSE INC 6,595.75 1015802 11/01/2019 HD SUPPLY FACILITIES MAINTENANCE LTD 772.30 1015803 11/01/2019 METRO FIRE PROTECTION SERVICES INC 517.50 1015804 11/01/2019 RADWELL INTERNATIONAL INC 5,720.00 1015805 11/01/2019 PACE ANALYTICAL SERVICES LLC 108.00 1015806 11/01/2019 TOSHIBA AMERICA BUISNESS SOLUTIONS INC 65.50 1015807 11/06/2019 AT&T 25,267.17 1015808 111/06/2019 COMCAST 819.70 1015809 11/07/2019 OFFICE DEPOT INC 3,060.23 1015810 11/07/2019 INDIAN RIVER BATTERY 2,420.10 1015811 111/07/2019 MIKES GARAGE & WRECKER SERVICE INC 190.00 1015812 11;/07/2019 GALLS LLC 20.00 1015813 11/07/2019 MEEKS PLUMBING INC 874.00 1015814 11/07/2019 ST LUCIE BATTERY & TIRE CO 367.90 1015815 11/07/2019 ALLIED UNIVERSAL CORP 480.00 1015816 11/07/2019 IRRIGATION CONSULTANTS UNLIMITED INC 675.00 1015817 11%07/2019 THE EXPEDITER 1,612.20 1015818 11/07/2019 GROVE WELDERS INC 766.33 1015819 11%07/2019 RECORDED BOOKS LLC 226.60 1015820 11%07/2019 COMPLETE RESTAURANT EQUIPMENT LLC 8.36 1015821 11/07/2019 TOTAL TRUCK PARTS INC 904.88 1015822 11%07/2019 COMO OIL COMPANY OF FLORIDA 71.55 1015823 11%07/2019 COMPLETE ELECTRIC INC 8,500.00 1015824 11/07/2019 MIDWEST MOTOR SUPPLY CO 935.34 1015825 11/07/2019 L&L DISTRIBUTORS 125.40 1015826 11/07/2019 GUARDIAN ALARM OF FLORIDA LLC 90.00 1015827 1107/2019 NEXAIR LLC 1,850.76 1015828 11/07/2019 EFE INC 1,297.17 1015829 11/07/2019 PACE ANALYTICAL SERVICES LLC 216.00 Grand Total: 1 72,185.00 10 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7202 11/01/2019 RX BENEFITS INC 198,509.38 7203 11/01/2019 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,006.28 7204 11/01/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 5,715.39 7205 .11/01/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 54,067.18 7206 11/01/2019 IRC FIRE FIGHTERS ASSOC 9,588.68 7207 11/01/2019 SCHOOL DISTRICT OF I R COUNTY 452.92 7208 11/01/2019 CLERK OF CIRCUIT COURT 90,887.58 7209 11/01/2019 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 109,606.98 7210 11/01/2019 INDIAN RIVER COUNTY SHERIFF 4,365,950.66 7211 11/01/2019 C E R SIGNATURE CLEANING 5,250.00 7212 11/01/2019 TOTAL ADMINISTRATIVE SERVICES CORP 12,181.88 7213 11/01/2019 ETR LLC 591,810.00 P -CARD 11/01/2019 TD BANK, N.A. 7,906.58 7214 11/04/2019 CLERK OF CIRCUIT COURT 2,480.63 7215 11/04/2019 INDIAN RIVER COUNTY SHERIFF 1,414.14 7216 11/04/2019 IRS -PAYROLL TAXES 432,734.46 7217 11/04/2019 HIGHMARK STOP LOSS 2,116.41 7218 11/04/2019 C E R SIGNATURE CLEANING 3,680.00 7219 11/04/2019 FL SDU 5,865.51 7220 11/04/2019 FL RETIREMENT SYSTEM 634,919.66 Grand Total: 6,539,144.32 11 nil INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland M. DeBlois, AICP; Interim Community Development Director I THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Scott Rodriguez; Senior Planner, Current Development DATE: November 5, 2019 SUBJECT: Arcadia Vero Beach, LLC's Request for Final Plat Approval for a Subdivision to be Known as Arcadia Subdivision — Phase 2 [SD -15-11-09 / 2001010025-84441] I It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at itsiregular meeting of November 19, 2019. i DESCRIPTION & CONDITIONS: The Arcadia Subdivision — Phase 2 subdivision is the second phase of a two-phase conventional subdivision project. Phase 2 consists of 43 single-family lots on 15.79 acres, and is located on the south side of 37th Street, between 58th Avenue and 66th Avenue (see attachment 1). The property is zoned RS - 3, Residential Single Family (up to 3 units/acre), and has an L-1, Low -Density Residential -1 (up to 3 units/acre) land use designation. The density for Arcadia Subdivision — Phase 2 is 2.72 units per acre, and the overall project density is 2.01 units per acre. On December 10, 201.5, the Planning and Zoning Commission granted preliminary plat approval for the Arcadia subdivision. As of this time, the applicant has constructed 89.09% of the required project improvements for Phase 2, and has "bonded -out" for the remaining 10.91% of the required Phase 2 improvements. The applicant has coordinated with staff and provided the following for Phase 2: 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 forlConstruction of remaining required improvements; and 4. A letter of credit in the amount of $85,972.18. The Board is now to consider granting final plat approval for Arcadia Subdivision — Phase 2. 12 ANALYSIS: Some, but not all, of the required project improvements have been completed. As provided for under the LDRs applicableilto this final plat application, the applicant is proposing to "bond -out" the remaining 10.91% of required :project improvements (drainage, landscaping, roadways, utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. The County Attorney's Office has reviewed and approved both the Contract for Construction of Required Improvements and the letter of credit in the amount of 125% of the cost of construction for the remaining required improvements. All improvements within Arcadia Subdivision — Phase 2 will be private, with the exception of certain utilities facilities. Prior to issuance of a Certificate of Completion, those utilities facilities will be dedicated and warrantied to Indian River County as required by the Utility Services Department with supporting warranty security posted. In addition, a warranty and maintenance agreement with supporting warranty security will be required for the roads and stormwater improvements, prior to issuance of a Certificate of Completion. RECOMMENDATION: I Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Arcadia (Subdivision — Phase 2. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 13 k E / . . $ � J( B \ � \.,.�..... . .------- - . 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I .azar 3.[rrzaw -------- 2 \ II 3SVHd 'NOISNIOsnS �' 13SVMd 'N05NIOsns \ qsb 3 WO-3NIl 1Sb3 U o 3SVHO Mb0-3NIl 1SV3 `o V01801J 'A1N(l0O tlNIN NVIONI \ I LL 30tld $I N008 lbld w tl01t101! 'A1N000 tl3nitl NtlIONI 1 3SVHd 'NOISNIOs05 35tl H0 Ntl0� o NO '.' HOOB lbld II 3StlHd 'NOISNI08n5 35bH0 NVO// INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Roland M. DeBlois, AICP Interim Community Development Director Andrew Sobczak Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 11%7/2019 RE: Gary and Toni Dillon's Request for Release of Easements at 805 11th Drive SW (Oslo Park Subdivision) It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of November 19, 2019. DESCRIPTION AND CONDITIONS Gary and Toni Dillon, owners of two combined lots at 805 11th Drive SW in Oslo Park subdivision, have petitioned the County for release of two common side lot line drainage and utility easements on the lots. The two platted lots (Lots 10 and 11, Oslo Park Subdivision, Block A) have been unified into one property. Because of the unification, whereby each of the lots has a 2.5 foot wide side lot line drainage and utility easement the resulting property has easements that run through the center of the property. The purpose of this easement release request is allow for use and future development within the central portion of the property. ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staffs position that the requested easements release may proceed with no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the two common side lot line drainage and utility easements described in the resolution. 17 GARY M & TON4 DILLON Release of Easements Page 2 1. Attachments: 1. Map depicting easements proposed for release. ' 2. Proposed County Resolution Releasing Easements. ease.bccmemo i projlappl. no. 2011120041%1 5293 SURVEY EXCERPT SHOWING EASEMENTS PROPOSED FOR RELEASE w 1 it C5G4T] oss. _ Al _2 tth ST. _5.W. 1 c 70• P/w ) ns mer CPLATTED MAINE ST-) �ea naatru �t msm rae. v- ms1171f'J t/'plr rRL ML1VMT -- _ OO, t/'(`• 1!' tt.-ism{• mD +FSC6'u• t M - tM1LRt. . A�Itm-T i � � 4�diiaii' � ( - • - • BLOCK 'A' A7tN t iii • ! : ( _.. LOT, lO i) ' LOT it YbC.iMT r. VACAYr cS J3 O. ^S LOT 10 �.i Q rccz° mr xsannt7 artbltib r w1. L67 i2 !ll---•• DCDFiCU tln,.ng7.{' bYG[c.•glS.T 19 O in 3AW 3AV 'WINK I T T t LD L. 0 im ii 4INVAI)LSNN3d*, .11 lj- SION111 . 71;v 0V Ic AauL2 MU in 3AW 3AV 'WINK I T T t LD L. 0 im ii 4INVAI)LSNN3d*, .11 lj- SION111 . 71;v RESOLUTION NO. 2019 - A RESOL',UTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING CERTAIN EASEMENTS ON LOTS 10 AND 11, BLOCK A, OSLO PARK SUBDIVISION I - WHEREAS, Indian River County has an interest in certain side yard drainage and utility easements on Lots 10 and 11 of Block A, Oslo Park Subdivision; and WHEREAS, Gary M. and Toni P. Dillon, the owners of the property, have made application to Indian River County requesting that the County release the easements; and WHEREAS, the retention of the easements, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easements: The east two' and one-half (2.5) foot side lot line drainage and utility easement on Lot 10 and the west two and one-half (2.5) foot side lot line drainage & utility easement on Lot 11, less and except any portion of the south five (5) foot drainage & utility easement on Lots 10 & Lot 11, Block A, Oslo Park Subdivision, according to the plat thereof, as recorded in Plat Book 3, Page 96 of the Public Records of Indian River County, Florida. This release of easements is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the 19th day of November, 2019, by the following vote: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissionler Peter O'Bryan Commissioner Bob Solari The Chairman declared the resolution duly passed and adopted this day of , 2019 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 21 RESOLUTION NO. 2019 - APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl. no. 2011120041/85293 Cc: Applicant: DILLON, GARY M & TONI P 606 27TH AVE VERO BEACH, FL 32968 22 290 • INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 6, 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: Rejection of Bid 2020005 — Hobart Park Ballfields BACKGROUND: On behalf of the Parks Division, sealed bids were solicited for the construction of the 581h Avenue Ballfield Renovation and Expansion project, to include: the conversion of an existing adult softball field to a College -regulation baseball field, the upgrade of a softball/little league field, a new softball field, field lighting, parking lot and pathways, and a concession/restroom building. BID RESULTS: Advertising Date: August 29, 2019 Bid Opening Date: October 4, 2019 Broadcast to: 645 Subscribers Bid Documents Obtained by: 35 Vendors Replies: 5 Vendors FirmLocation Total Bid Price Summit Construction of Vero Beach, LLC Vero Beach $3,226,531.17 XGD Systems, LLC Stuart $3,519,257.46 West Construction, Inc. Lantana $3,575,878.06 Burke Construction Group, Inc. Doral $3,998,146.64 The Collage Companies Lake Mary $4,574,884.00 The engineer's estimate for the work was $2.4 million. Due to the high bids received, staff intends to reject the bids received, modify the scope of work and associated specifications and plans, and readvertise. FUNDING: Necessary modifications to plans and specifications are anticipated to be included in the current allocation under Work Order Number 1, Hobart Parks Baseball Fields Continuing Consulting Engineering Services for RFQ 2018008 with Masteller & Moler, Inc., approved by the Board on July 2, 2019. The cost of legal advertisement for the new bid is estimated to be $100. Funding for these 23 expenses is budgeted and available in account 00421072-066510-18001, MSTU Fund/Parks/58th Avenue Ballfield Renovation & Expansion. RECOMMENDATION: Staff recommends Ithe Board reject all bids received in response to invitation to bid 2020005 and authorize staff to modify the scope of work and readvertise the project. 24 02 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: November b 12, 2019 Subject: Miscellaneous Budget Amendment 001 Description and Conditions I 1. Each year it 'becomes necessary to "roll over" certain expenses to the current fiscal year. Several purchases that were initiated on fiscal year 2018-19 purchase orders were not received or completed prior to September 30, 2019. Exhibit "A" appropriates funding for these projects from) fiscal year 2018-19 to fiscal year 2019-20 for an amount not to exceed $2,298,813. Staff Recommendation Staff recommends thel Board of County Commissioners approve the budget resolution amending the fiscal year 2019-2020 budget. 25 RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2019-2020 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2019-2020 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2019-2020 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2019-2020 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Commissioner Bob Solari Commissioner Susan Adams Commissioner Peter D.O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of 12019. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners , Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY 2F COUNTY ATTORNEY 27 Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment: 001 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward -Oct 1 st 001039-389040 $69,339 $0 MSTU Fund/Cash Forward -Oct 1st 004039-389040 $14,931 $0 Section 8/Cash Forward -Oct 1st 108039-389040 $30,012 $0 Secondary Roads/Cash Forward -Oct 1 st 109039-389040 $97,232 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $539,500 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $509,622 $0 Beach Restoration/Cash Forward -Oct 1 st 128039-389040 $56,468 $0 Court Facility Surcharge/Cash Forward -Oct 1st 140039-389040 $15,969 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $484,734 $0 SWDD/Cash Forward -Oct 1st 411039-389040 $3,859 $0 Sandridge/Cash Forward -Oct 1st 418039-389040 $7,578 $0 Utilities/Cash Forward -Oct 1st 471039-389040 $453,504 $0 Self Insurance/Cash Forward -Oct 1st 502039-389040 $16,065 $0 Total Revenue $2,298,813 Expense General Fund/Parks/Other Professional Services 00121072-033190 $532 $0 General Fund/Facilities Mgmt./Other Contractual Services 00122019-033490 $14,108 $0 General Fund/Facilities Mgmt./Maint-Courthouse 00122019-034611 $49,550 $0 General Fund/Facilities Mgmt/Maint-Air Conditioning 00122019-034620 $4,863 $0 General Fund/Facilities Mgmt/Maint-Other Equipment 00122019-034690 $286 $0 MSTU/Telecommunications/Other Professional Services 00423437-033190 $14,931 $0 Section 8/Rental Assistance/Office Equipment & Furniture 10822264-066410 $30,012 $0 Secondary Roads/IR Blvd & Grand Harbor Intersection 10921441-066510-18025 $97,232 $0 Transportation Fund/Road & Bridge/Heavy Equipment- Wheel Track 11121441-066430 $119,278 $0 Transportation Fund/Road & Bridge/Other Machinery & Equipment 11121441-066490 $277,232 $0 1 of 3 Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment: 001 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Transportation Fund/Traffic Engineering/Automotive 11124541-066420 $142,990 $0 Emergency Services/Fire Rescue/Medical Services 11412022-033120 $149,630 $0 Emergency Services/Fire Rescue/Maint-Other Equip 11412022-034690 $3,299 $0 Emergency Services/Fire Rescue/Other Operating Supplies 11412022-035290 $2,244 $0 Emergency Services/Fire Rescue/Other Improvements Except Bldgs 11412022-066390 $3,667 $0 Emergency Services/Fire Rescue/Automotive 11412022-066420 $301,934 $0 Emergency Services/Fire Rescue/Communication Equipment 11412022-066450 $48,848 $0 Beach Restoration/Other Contractual Services -Dorian 12814472-033490-19028 $56,468 $0 Court Facility Surcharge/Facility Maint/Voice Over IP 14022019-066510-19026 $15,969 $0 Optional Sales Tax/Fire Rescue/Automotive 31512022-066420 $289,876 $0 Optional Sales Tax/Road & Bridge/Traffic Fiber Optics 31521441-066510-05018 $19,843 $0 Optional Sales Tax/Facilities Mgmt.Noice Over IP 31522019-066510-19026 $175,015 $0 SWDD/CC& Recycling/Other Contractual Services 41125534-033490 $3,859 $0 Sandridge/Admin/Maint-Structure Except Bldgs 41823672-034660 $7,578 $0 Utilities/WW Treatment/Other Professional Services 47121836-033190 $27 $0 Utilities/WW Treatment/Maint-AirConditioning 47121836-034620 $3,103 $0 Utilities/Water Production/Other Professional Services 47121936-033190 $23 $0 Utilities/Water Production/Maint-Air Conditioning 47121936-034620 $6,292 $0 Utilities/Gen & Engineering/Misc. Water R&R 47123536-044699-02532 $15,765 $0 Utilities/Gen & Engineering/Central WWTF Rotor Repair 47123536-044699-18510 $29,405 $0 Utilities/Gen & Engineering/CRWWTF Repair Recycle Pump 47123536-044699-19510 $56,795 $0 Utilities/Gen & Engineering/R&R/North R/O Painting 47123536-044699-19515 $21,000 $0 Utilities/Gen & Engineering/NCWTF Resurface Chem Containment 47123536-044699-19520 $65,948 $0 Utilities/Gen & Engineering/R&R/Emergency Repair US 1 Water Main 47123536-044699-19566 $40,000 $0 Utilities/Gen & Engineering/R&R/South R/O WTP Meter Assembly 47123536-044699-19567 $14,353 $0 Utilities/Sludge/Maint-Air Conditioning 47125736-034620 $470 $0 29 2 of 3 Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment: 001 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Utilities/WW Collection/Other Professional Services 47126836-033190 $20 $0 Utilities/WW Collection/Maint-Air Conditioning 47126836-034620 $885 $0 Utilities/WW Collection/Lift Station Maintenance 47126836-044670 $3,549 $0 Utilities/WW Collection/Utility R&R 47126836-044699 $10,994 $0 Utilities/WW Collection/Lift Station Rehab 47126836-044699-19512 $184,100 $0 Utilities/Water Distribution/Other Professional Services 47126936-033190 $20 $0 Utilities/Water Distribution/Maint-Air Conditioning 47126936-034620 $698 $0 Utilities/Water Distribution/Other Operating Supplies 47126936-035290 $57 $0 Self Insurance/Risk Mgmt./General Liability Insurance 50224619-034530 $16,065 $0 Total Expense $2,298,813 $0 30 3of3 OCC Of �CONSENT: 11/19/2019 F 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: November 8, 2019 SUBJECT: Annual Resolution re Signatories ATTORNEY In connection with the selection of a new Chairman and Vice Chairman, the Board of County Commissioners must adopt a resolution directing depositories of County funds to honor certain authorized signatures on County checks, warrants, and other orders for payment. Based on input from the Finance Office, the attached resolution has been prepared designating both the Chairman and Clerk as the authorized signatories and providing for facsimile signatures rather than manual signatures on all checks. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the resolution and authorize the newly selected Chairman as well as the Clerk to sign the resolution and the respective Certificate of Facsimile Signature; and to instruct the Clerk to the Board of County Commissioners to transmit to the Department of State each original Certificate of Facsimile Signature which bears the original manual signatures of those Indian River County officers authorized to use facsimile signatures in lieu of manual signatures. /nhm Attachment: Resolution 31 RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF IINDIAN RIVER COUNTY, FLORIDA, DIRECTING DEPOSITORIES OF COUNTY FUNDS TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; PROVIDING FOR BOARD OF COUNTY COMMISSIONERS AND CLERK OF THE CIRCUIT COURT SIGNATORIES; RESCINDING RESOLUTION NO. 2018-113 EFFECTIVE NOVEMBER 19, 2019 WHICH SPEAKS TO AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Code section 101.02.1, on November 19, 2019, the Board of County Commissioners of Indian River County ("Board") selected as Chairman from November 19, 2019, and continuing through November 17, 2020; and WHEREAS, Jeffrey R. Smith is the duly elected Clerk of the Circuit Court and Comptroller for Indian River County ("Clerk"), and he serves as clerk and accountant to the Board, pursuant to Section 28.12, Florida Statutes (2019); and WHEREAS, the Board has previously designated certain institutions as depositories of County funds; and WHEREAS, the Board's selection of Chairman requires a re -designation of signatories for County warrants, checks, and other orders for the payment of money drawn on the County's depositories; and WHEREAS, the Board has determined that the existing financial practices concerning personnel policies and employee compensation eliminate the need to require manual signatures on salary and other compensation warrants, checks, and other orders payable to Board employees; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: Previous designations by the Board of certain institutions as official depositories of County funds are hereby ratified and affirmed. 2. Manual signatures shall not be required on any checks, warrants, and other orders for the payment of money drawn in the name of the Board for the purpose of salary and other compensation to or for any Board employees. I RESOLUTION NO. 2019- 3. Each designated depository of County funds is hereby authorized and directed to honor checks, warrants, and other orders for payment of money drawn in the name of the Board, including those payable to the individual orders of any person/entity or persons/entities whose name or names appear thereon, when bearing both the facsimile signature of the Clerk, and the facsimile signature of the Chairman of the Board. 4. The manual and facsimile signatures of the herein designated officers appear on Exhibit "A" lattached hereto and by this reference incorporated herein in its entirety. 5. The signatories named on the attached Exhibit "A" are hereby authorized to execute any and all signature cards and agreements as requested by the respective banking institutions designated as official depositories by the Board. 6 The use of facsimile signatures is authorized by Florida Statutes Section 116.34 (2019), thel"Uniform Facsimile Signature of Public Officials Act." 7. The Clerk to the Board shall immediately file with the Department of State each Certificate Of Facsimile Signature bearing the original manual signatures, at which point a facsimile signature of those officials signatory to Exhibit "A" of this Resolution i shall have the same legal effect as a manual signature on any instrument of payment. The Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the Resolution duly passed and adopted this 19th. day of November, 2019 with an effective date of November 19, 2019. Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By l Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA a , Chairman 33 EXHIBIT "A" Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Actual Facsimile Indian River County Board of County Commissioners Chairman Actual Facsimile 34 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Assistant County Administrator / Department of General Services To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Bela Nagy, PGA Director of Golf, Sandridge Golf Club Date: October 10, 2019 • CONSENT AGENDA BCC 11-19-2019 Subject: Renewal of EZ Links Point of Sale & Tee Time System Agreement BACKGROUND: For many years, Sandridge Golf Club utilized a Tee Time System called Computee, and in the middle of January 2015, the company went out of business overnight leaving the golf course with no reservation system at all. Within a number of days, Staff chose EZ Links out of three companies and implemented their Tee Time System within a week. In September 2016, the Point of Sale System that the golf course was using called Smyth Systems was going to stop supporting that version of the POS resulting in having to sign and bring in a newer version of their hardware and software. Sandridge was already using the Tee Time System through EZ Links, which also had a Point of Sale System that integrated with the Tee Sheet to avoid using two different systems. The merger of the two systems made the reservation and check in process much more efficient leading to less mistakes in both the booking process as well as ringing customers in the register. The current EZ Links agreement expires in December 2019. Staff has again received proposals from three different vendors and chose to stay with EZ Links. The new agreement will be for three years and includes Coursetrends, a marketing component that Sandridge has paid an additional $3,600.00 for annually. Coursetrends provides marketing, web page and online store services and is included at no extra charge under the proposed agreement. EZ Links acquired the company over a year ago but Sandridge still has to pay the additional fee until a new agreement is. signed. The total cost associated with the new agreement with EZ Links including all of the hardware, software, marketing, 'web page, mobile app, 24 hour reservation call center, and an online store is $0.00 out of pocket. In lieu of a cash outlay, Sandridge would trade EZ Links the option to sell 2 tee times per day to their secondary discount market. ANALYSIS: The proposed agreement continues the same arrangement that Sandridge has operated under for the past three years. Instead of a cash outlay of $66,281 per year, EZ Links would receive two designated tee times per day that they could offer for sale. The utilization rate of those traded tee times has averaged 63% over the life of the current agreement. If the designated tee times are not sold in advance by EZ Links, they revert back to Sandridge for sale. If EZ Links sold all of their available tee times (2,912 annual rounds) at an average of $20.00 per round, their potential revenue could be $58,240.00, however; if the historical trends over the past several years continue, they will 35 sell and average 63% of the reserved tee times with a soft cost to Sandridge in the amount of $36,691. If Sandridge were to pay cash for the services offered under the proposed EZ Links agreement, the price of the system would be $16,055.00 for the equipment and installation up front and then an additional $50,226.00 per year including all of the services mentioned. FUNDING: Table 1: Valuation: VENDORS Hardware Installation Software Suite of Services Marketing Annual Cash Value EZ LINK $16,055 $46,626 .$3,600 $66,281 GolfNow 0 $49,000 0 $49,000 Tee Snap 0 $10,120 $12,500 $22,620 Table 2: Projected Actual and Maximum Cost of Pledged Revenue. *Based on historical utilization rate of 63% of the available tee times. RECOMMENDATION: EZ Links provides the most value for the trade agreement including the continuity of the existing integrated Point of Sale and Tee Time Reservation systems and their data preservation over the last four years. Staff recommends the Board approve the EZ Links contract and authorize the Chairman to sign. ATTACHMENTS: EZ Links Agreement AGENDA ITEM FOR NOVEMBER 19,201 36 Annual Cash Value Projected annual cost (63%) Maximum annual cost (100%)) Cash Outlay EZ LINK $66,281 $36,691 $58,240 $ - 0 - *Based on historical utilization rate of 63% of the available tee times. RECOMMENDATION: EZ Links provides the most value for the trade agreement including the continuity of the existing integrated Point of Sale and Tee Time Reservation systems and their data preservation over the last four years. Staff recommends the Board approve the EZ Links contract and authorize the Chairman to sign. ATTACHMENTS: EZ Links Agreement AGENDA ITEM FOR NOVEMBER 19,201 36 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED r Z vvi N EZLinks Golf LLC Ez CGj, �,.=awwru.=encoxrurr EZLinks Golf LLC 401 S LaSalle St, Suite 302 Chicago, IL 60605 Fax: 312.913.6905 These EZLinks Standard Terms and Conditions govern the Statement of Work ("SOW") between EZLinks Golf LLC, a Delaware corporation, with offices at 401 'S. La Salle Street, Suite 302, Chicago, 60605 ("EZLinks") and the Client specified in the applicable SOW ("Client") (collectively, the "Agreement"). I 1. Statements of Work and Changes of Account: EZLinks will provide or license (as applicable) to Client hardware, services or software (collectively "Services'), as set forth in a SOW. All modifications and/or changes to the SOW shall be mutually agreed upon, in writing, by the parties (a "Change of Account"). I 2. Fees and Charges: Client will pay EZLinks for Services provided or licensed as detailed in a SOW, under one or more of the following fee arrangements as selected in one or more SOWs: A. Cash Pricing: Client will pay EZLinks the amount identified in the SOW pursuant to the schedule identified. EZLinks will invoice Client for all amounts due. Client agrees to pay the invoices within 30 days of the invoice issue date. Payments not received within 30 days are subject to an interest charge of 1.5% per month (or the maximum amount allowed by law, whichever is less) on any overdue amount. If the payment or portion thereof is more than 60 days overdue, EZLinks may, upon prior written notice to Client, suspend Client's license to the Software, rental of Hardware and provision of Services. Client shall be responsible for all collection costs, where applicable, including attorneys' fees. I B. Inventory Exchange: Client will allocate a designated amount of its golf course rounds inventory (defined below as "Rounds") to EZLinks as detailed in the applicable SOW(s). EZLinks will retain revenue received as a result of selling its allocation of Rounds. The following are terms specific to Inventory Exchange fees and charges that are hereby agreed to by Client: j i. Rounds: A single "Round" will be comprised of scheduled play for a total of one (1) player, including a golf cart, available during the normal hours of operations and consisting of 18 holes; provided that EZLinks may, in its discretion, sell each Round in one or more configurations (e.g., singles; twosomes; threesomes or foursomes). ii. Allocation: EZLinks may, at its discretion, select Rounds from the ETN during a designated time range (e.g., 8am to 3pm) or may select and block designated Rounds from the ETN. Though multiple tee times may be offered during the designated time range, EZLinks will only book a maximum of the allotted Rounds. EZLinks can book Rounds up to thirty (30) days in advance. Times selected will follow restrictions outlined in the SOW(s). iii. Availability: Client shall make the Rounds available on the ETN a minimum of thirty (30) days in advance of the date of play. Rounds unsold as of one (1) hour prior to the time of play may, in EZLinks discretion, be released back to Client. If for any reason a.. Round is not available due to a scheduled outing, event, over seeding, course maintenance, or any other reason, EZLinks shall be permitted to designate a replacement Round on an earlier or subsequent date. iv. End User Service: Client will not deny service to Round End Users or apply any surcharge or other extra charge to any End User on the basis that the End User reserved a Round provided to EZLinks. v. Scheduling: In the event of circumstances that require Client to postpone scheduled play, Client agrees that it will provide objectively adequate value to the End User in a manner appropriate with the circumstances, including, but not limited to, the use of rain checks, where legal. Client will not under any circumstances cancel, move or edit a Round reserved by an End User through the ETN, except for events of force majeure. The previous sentence notwithstanding, and subject to anyiobjections of the End User, Client may reasonably combine single golfers and pairings with other customers of Client. C. Commission: Client will authorize or pay (as applicable) the Commission as detailed in the applicable SOWs. D. Selection of Fee Arrangement(s): The fee arrangement(s) selected by Client at the onset of this agreement shall remain in place for the duration of its term, unless or until revised in writing signed by Client and EZLinks. 37 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED r—I Z A EZ EZLinks Golf LLC 401 S LaSalle St, Suite 302 EZLinks Golf LLC Chicago, IL 60605 � � Fax: 312.913.6905 3. Services Conditions: Services provided by EZLinks to Client are detailed in the applicable SOW and, except as expressly detailed therein, are subject to !the following terms: A. General: I i. Client assumes all risk of loss or damage to hardware provided to it by EZLinks and Client will maintain adequate insurance against loss or damage to hardware. ii. From time -to -time EZLinks may, in its sole discretion replace hardware or replacement parts. Client will cooperate and allow the installation of replacement hardware or parts when EZLinks notifies Client of same. iii. In the event of early termination of this Agreement, Client will return, at Client's sole expense, all hardware to EZLinks in good• working order. iv. Subject to Client's compliance with this Agreement, EZLinks grants to Client a revocable, nonexclusive, non- sublicensable, limited license to access and execute software provided to it by EZLinks ("Software"). v. Client may only use the Services in connection with its business operations, in accordance with the terms and conditions of this Agreement, and not for the benefit of any third party or for any other purpose. vi. Client will not copy, modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the software in any way for any reason, or engage in or authorize any action that is inconsistent with the terms and conditions of this Agreement or that violates any law. vii. If Client provides its own hardware (including peripheral equipment) for use with the Software, such hardware must meet or exceed EZLinks' current technical specifications for purposes of compatibility with the EZLinks offerings. Client's hardware (including peripheral equipment) shall be reviewed and subsequently approved by an EZLinks technical representative prior to delivery or use by Client of any Software. viii. Client acknowledges that EZLinks may use subcontractors to provide the Services. ix. Client acknowledges that the timing of all Services, provision and installation of Software and Hardware, and delivery of Work Product is subject to cooperation from Client. Client will provide EZLinks with access to any information including documents, staff, and other resources needed by EZLinks to perform its obligations under this Agreement. x. Ownership of all right, title and interest in and to the Services (hardware, Software) shall vest only in EZLinks and will always remain with EZLinks including, without limitation, any enhancements or upgrades to the Software, any EZLinks manuals, and all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights in and to the foregoing, even after it is delivered to Client. I B. Hardware and Software Configuration and Security: Client agrees that, should the configuration of the Hardware or Software be altered (either by golf course personnel or, upon Client's written request, by EZLinks personnel) to allow unrestricted internet browsing or additional functionality or Client uses the Hardware or Software to visit web sites that are not pre -approved by EZLinks, Client agrees that: (i) it does so at its own risk; (ii) it will pay for, reimburse EZLinks for and be liable for any resulting tangible or intangible damages, losses or injuries; (iii) all uptime obligations and warranties associated with the Hardware and Software will be voided; and (vi) it will be liable for and indemnify, defend and hold EZLinks harmless from any loss or damage resulting from such alterations or internet use, including but not limited to, actual or alleged data security breaches or the introduction of malware and viruses. EZLinks will, if requested by Client, provide repair and technical support services concerning such' issues at its then -standard consulting rates. Client also agrees to reimburse EZLinks for all reasonable costs and expenses associated with such repair and technical support. Client will be responsible for maintaining security on its network at all times. EZLinks assumes no responsibility for viruses, malware or other issues that arise due to activity on Client's network, and accepts no liability for the consequences of said activity, regardless of the ownership of the hardware residing on the network. C. Connectivity: Client will be solely responsible for the procurement, payment and maintenance of all telephone and internet connectivity used in connection with the Hardware, Software and Services, and for all networking functions within Client's facilities. Client agrees that such connectivity will meet or exceed bandwidth requirements as may be provided by EZLinks from time to time. In no event will Client obtain internet access for use or provision of the Hardware; Software or Services through a satellite or Wi-Fi provider. However, Wi-Fi access is permitted for tablets assuming the standard wireless encryption and security protocols (password, network segmentation) have been deployed by Client. 38 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED EZLinks Golf LLC zEz M 401 S LaSalle St, Suite 302 EZLinks Golf LLC Chicago, IL 60605 �nrc✓iowneru+rza caur..m i . . Fax: 312.913.6905 D. Up Time: EZLinks will use commercially reasonable efforts to make the ETN and Reservation Center available 99.9% of the time except for downtime due to maintenance or events outside of EZLinks' control. 4. Security, Data Ownership and Privacy: A. PA -DSS and PCI -DSS Compliance: The ETN is, and shall continue to remain, Payment Application Data Security Standard (PA -DSS) certified. The EPOS is certified "out of scope" of the PA -DSS guidelines for POS systems, and Client agrees to the same (Le.! the EPOS software does not store, process, or transmit sensitive cardholder data, although it does provide an interface with several PA -DSS compliant credit card payment engines and devices). Client agrees that it is wholly and solely responsible for complying with the Payment Card Industry Data Security Standard, as amended ("PCI"), including, without limitation, establishing and maintaining PCI compliance with respect to Client's card facilities, software, systems, processing and storage environment, and network. Client agrees and acknowledges that EZLinks is not responsible or liable for any installation, system management or configuration by EZLinks (or its contractors) related to the EPOS, the ETN, or Client's website, software, card processing and storage environment, facilities or network, which is not compliant with PCI. B. End User Data: i. Client End -User Data. As between Client and EZLinks, information collected from End Users solely through Client - specific channels (e.g., at Client's golf course(s); on Client's website, via a Client -specific App or Client's Reservation Center) will be owned by Client and is referred to in this Agreement as "Client End -User Data." ii. EZLinks Use of Client End -User Data. Client agrees that EZLinks may access and use the Client End -User Data to provide Software! Hardware and Services to the Client. Client also agrees that Client End -User Data, excluding personal information, may be used in the aggregate by EZLinks to identify trends or cultivate business intelligence. iii. Third -Party Interfaces. Client acknowledges that End -User data (including, without limitation, personal information) collected through'ia Third -Party Interface (e.g., the EZLinks API or INT) may be used and owned by multiple parties, including EZLinks and the Third Party using the EZLinks API or INT. As detailed above, Client selects in a SOW the Third -Party Interfaces through which Client's tee time reservations can be made available (if any). iv. EZLinks End -User Data. Client acknowledges that EZLinks will own all End -User data (including, without limitation, personal information) collected via EZLinks platforms and their outlets (e.g., TeeOff.com) ("EZLinks End User Data"). Client acknowledges that EZLinks will submit to Client certain EZLinks End -User Data in order to procure tee times reserved at 'a Client golf course via an EZLinks platform. Client agrees that it will use EZLinks End -User Data solely in connection with providing its specific golf course services to those End Users and will not sell or share EZLinks End -User Data with third parties (other than third parties providing golf course services on Client's behalf). Client is specifically prohibited from using the EZLinks End -User Data to market the products or services of an EZLinks competitor. v. Restrictions on Use of End -User data. Client acknowledges that EZLinks makes no representation that any End User information or data is collected in a manner that secures consent for Client to use the information or data for any particular marketing tactic (e.g., text messaging, robocalls, etc.) and that it is Client's sole responsibility to ensure it has the requisite consent from individuals prior to engaging in any communication with End Users. Client agrees to comply with all applicable laws, rules and regulations, including, without limitation, the CAN -SPAM Act of 2003, the Telephone Consumer Protection Act of 1991, and various state laws and regulations concerning telemarketing, electronic communications and other forms of communication. i C. Privacy: Client agrees that it will be solely responsible for posting or otherwise making available a legally compliant terms of use and privacy policy in connection with transactions with End -Users and the collection of Client End -User Data and its compliance with them. 5. Confidentiality: The following provisions govern the exchange, use and disclosure of the parties' proprietary and confidential information: 39 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED C: , C EZLinks Golf LLC EZU) p 401 S LaSalle St, Suite 302 EZLinks Golf LLC Chicago, IL 60605 Fax: 312.913.6905 �.A K.igXMHHtl.P tQNNMY A. The term "Confidential Information" refers to all materials and information that have or will come into the possession or knowledge of the other'party (the "Receiving Party") that the other party (the "Disclosing Party") has designated as confidential or proprietary, or which the Receiving Party should reasonably believe to be confidential or proprietary, and automatically includes, without limitation, (i) information relating to the business and marketing plans and financial status of the Disclosing Party, (ii) any non-public new product or strategic relationship plans of the Disclosing Party and any of the Disclosing Party's trade secrets, (iii) all know-how and other information pertaining to skills and technology that are proprietary to the Disclosing Party, and (iv) the terms of this Agreement. B. The Receiving Party will hold all Confidential Information in the strictest confidence and may only disclose Confidential Information to its employees and contractors on a need -to -know basis who are subject to obligations of confidentiality substantially similar to those obligations set forth in this Agreement. The Receiving Party agrees to protect Confidential Information with the same degree of confidentiality and care with which it treats its own confidential information of a similar nature, but in no event less than with reasonable care. C. The Receiving Party agrees that because of the unique nature of the Disclosing Parry's Confidential Information, disclosure of such confidential information in violation of the provisions of this Agreement would cause irreparable harm to the Disclosing Party. Accordingly, the Receiving Party agrees that in the event of any violation or threatened violation of this section by the Receiving Party, the Disclosing Party may obtain, in addition to any other legal remedies that may be available under law or in equity, and without being required to post bond, such equitable relief as may be necessary to protect the Disclosing Party against any such violation or threatened violation. D. Nothing contained in this Agreement will in any way restrict or impair the Receiving Party's right to use, disclose or otherwise deal in information which: (a) at the time of disclosure is in the public domain, as evidenced by written publication; (b) after disclosure to the recipient becomes part of the public domain by written publication through no fault of the recipient; (c) the recipient can demonstrate was in its possession prior to the time of disclosure to the recipient and was not acquired directly or indirectly from the disclosing party or any person, firm or corporation acting on its behalf; (d) the recipient can show was acquired by the recipient independently, after disclosure hereunder, from a third party without breach of agreement or violation of law; or (e) the recipient must disclose as may be required by order of a court of competent jurisdiction, provided, however, that prior to any such disclosure, the recipient notifies the disclosing party of the recipient's intent to disclose such information so that the disclosing party may seek a protective order or injunctive relief to prevent such disclosure. 6. Marks and Intellectual Property: A. Except as expressly, provided in this Agreement, neither party will have any rights in the other party's name, logo, service marks, trademarks, trade names, taglines or any other proprietary designation ("Marks"). B. Client grants to EZLinks a nonexclusive, sub -licensable, worldwide right to use Client's Marks for purposes of marketing and promoting the services and EZLinks and to provide the Services to Client under this Agreement. Client represents and warrants that the use by EZLinks of the Client's Marks will not infringe, violate or misappropriate the rights of any third party (including, without limitation, intellectual property rights). C. After execution of this Agreement, the parties will issue a joint press release announcing the parties' relationship under this Agreement. The timing and content of which will be subject to the approval of each party, which approval may not be unreasonably withheld. D. Client will provide EZLinks information about Client's facilities (including but not limited to course photos, course descriptions, course logos) that EZLinks may request from time -to -time, and Client authorizes EZLinks to publish such information on any platform (including, without limitation, online) operated by EZLinks or an authorized third party. Client agrees that it will supplement or otherwise amend such information from time to time so that such information remains current. 7. Term and Termination: Initials 40 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED EZLinks Golf LLC Z 401 S LaSalle St, Suite 302 T`� EZLinks Golf LLC Chicago, IL 60605 .' Fax: 312.913.6905 A. A SOW may expire or be terminated in accordance with its terms. Unless terminated earlier as provided in this Agreement or as otherwise expressly agreed in an applicable SOW, the initial term of the SOW (the "Initial Term") shall be thirty six (36) months and will automatically renew for periods of twelve (12) months (each, a "Renewal Term") unless either party provides written notice at least ninety (90) days prior to the expiration of the Initial Term or any Renewal Term of that party's intention that the Agreement not be renewed. Either party may terminate a SOW for material breach of this Agreement or the applicable SOW, provided, however, that the non -breaching party has given the other party at least sixty (60) days written notice of and the opportunity to cure the breach. Should Client elect not to cure such material breach, EZLinks will assume ownership rights of Client End User Data referenced in Section 4.Bi. Termination for breach will not alter or affect the terminating party's right to exercise any other remedies for breach. Upon expiration or termination of this Agreement or applicable SOW, all licenses granted under this Agreement will likewise terminate. B. Effect of Termination/Expiration: Upon any termination or expiration of this Agreement for any reason, Client will: i. Immediately cease using the Software and any other EZLinks materials; ii. Return, purge or destroy (as directed by EZLinks) all Software and other EZLinks materials and certify to EZLinks in writing that all such copies have been surrendered or destroyed in accordance with the foregoing; iii. Pay to EZLinks any fees due and owing under this Agreement or any SOW as of the effective date of termination; and iv. Cooperate with EZLinks for the retrieval of any Hardware at Client's premises. V. Any obligations and duties that, by their nature, extend beyond the expiration or termination of this Agreement will survive the expiration or termination of this Agreement, including without limitation, payment of fees and charges, indemnification and confidentiality obligations. vi. In the event of a breach of this Agreement by Client leading to its termination by EZLinks, Client shall be solely responsible for any costs or damages associated with return of EZLinks' Hardware. vii. Upon the natural expiration or non -renewal of this Agreement or any SOW, EZLinks will provide to Client shipping instructions which 'Client will follow to return any Hardware. EZLinks will pay for all return shipping in this instance. 8. Indemnification: Each party will defend, indemnify and hold the other party, its employees, agents, representatives, successors and assigns harmless from and against any and all judgments, costs, damages, claims, causes of action and expenses (including reasonable outside attorneys' fees) or settlement thereof in connection with or arising from any third party claim based upon the breach or alleged breach of this Agreement. Client will defend, indemnify and hold harmless EZLinks, its employees, agents, representatives, successors and assigns from and against any and all claims, judgments, costs, damages, causes of action and expenses (including reasonable attorneys' fees) resulting from or arising out of: any action taken by EZLinks at the direction of Client; any content or materials provided by Client, including, without limitation, any pricing or advertisements; the Client's implementation of or reliance on any advice or counseling from EZLinks (e.g. revenue or pricing recommendations or marketing copy); any injuries to persons (including death) and damage to property caused by the acts or omissions of Client, its employees, agents, servants or representatives; Client or a Third Party authorized to access a Third -Party Interface being denied access to the INT, ETN and/or EPOS, including, without limitation, any claims that EZLinks caused or induced a breach of contract or other obligation between Client and a Third Party; any third -party claims of infringement of intellectual property rights; or misappropriation or use in contrast to the purpose described in a SOW of any Software or hardware. 9. Insurance: During the Term, Client will maintain insurance with limits sufficient to cover any potential loss or damage up to the full value of all Hardware, Software and data provided by EZLinks to Client under this Agreement. Client will furnish to EZLinks upon request, original Certificates of Insurance evidencing the required coverage to be in force during the term of this Agreement and applicable SOW. 10. Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, USE OF THE HARDWARE, SOFTWARE AND SERVICES IS AT CLIENT'S SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH CLIENT. THE HARDWARE, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EZLINKS AND EZLINKS' LICENSORS (COLLECTIVELY REFERRED TO AS "EZLINKS") DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE HARDWARE, Initials 41 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED 7CEZLEA::, o GDa-ip/'+FHWIFDCW- EZLinks Golf LLC EZLinks Golf LLC 401 S LaSalle St, Suite 302 Chicago, IL 60605 Fax: 312.913.6905 SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON -INFRINGEMENT AND FREEDOM FROM VIRUS. EZLINKS DOES NOT WARRANT AGAINST INTERFERENCE WITH CLIENT'S ENJOYMENT OF THE HARDWARE, SOFTWARE AND SERVICES, OR THAT THE HARDWARE, SOFTWARE AND SERVICES WILL MEET CLIENT'S REQUIREMENTS, THAT THE OPERATION OF THE HARDWARE OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR -FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE HARDWARE, SOFTWARE AND SERVICES WILL BE CORRECTED, OR THAT THE HARDWARE, SOFTWARE AND SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THE HARDWARE AND SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. 11. Limitation of Liability: IN NO EVENT WILL EZLINKS BE LIABLE FOR PERSONAL INJURY, ANY NON-COMPLIANCE WITH PCI -DSS, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, SECURITY BREACH, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO CLIENT'S USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR SERVICES, OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE HARDWARE, SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EZLINKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON EZLINKS, THEN EZLINKS' TOTAL LIABILITY FOR ANY OR ALL OF CLIENT'S LOSSES OR INJURIES FROM EZLINKS' ACTS OR OMISSIONS UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF SUCH CLAIM, WILL NOT EXCEED THE AMOUNT PAID BY CLIENT TO EZLINKS UNDER THIS AGREEMENT FOR THE PARTICULAR SOFTWARE, HARDWARE OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE SIX MONTH PERIOD PRECEDING THE DATE SUCH CLAIM AROSE. 12. Audit: During the Term and for a period of four (4) years thereafter, Client will retain all records pertaining to the performance of its obligations under this Agreement and will permit EZLinks to inspect such records upon reasonable advance notice at any time, but in no event more frequently than once in each calendar year, for the period such records are retained pursuant to this section. 13. Taxes: Client represents and warrants that it will be responsible for the payment of all taxes it may incur in connection with the performance of this Agreement or use of Services and that it will, as required by applicable laws, collect and remit, all applicable taxes, including, without limitation for End Users' tee times and other purchases at its course(s). Client will indemnify, defend and hold EZLinks harmless from any liability incurred by EZLinks in connection with Client's failure to comply with this Taxes provision. 14. Miscellaneous: Unless otherwise expressly stated in a SOW, the SOW will be governed by this Agreement and in the event of a conflict between this Agreement and a SOW, the.terms of this Agreement shall govern. Neither party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent it is caused by circumstances beyond its control. All notices under this Agreement must be in writing and will be sufficient if delivered personally or sent by overnight courier or by certified mail, postage prepaid, return receipt requested, to the addresses set forth at the beginning of this Agreement or in a SOW. All rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to the parties. The waiver by either party of any breach of this Agreement will not be construed to be a waiver of any succeeding breach. Neither party may assign this Agreement without the prior written consent of the other party unless, with advance written notice, to a controlled subsidiary of that party or a purchaser of all or substantially all of that party's assets. The rights and obligations of this Agreement shall bind and benefit any permitted successors or assigns of the parties. The performance by EZLinks of its duties and obligations under this Agreement will be that of an independent contractor, and nothing herein will create or imply an agency relationship between EZLinks and Client. This Agreement is governed in all respects by the laws of the State of Illinois without regard to conflict of law provisions. Each party exclusively submits to the personal jurisdiction of the courts located within Cook County, Illinois. This Agreement may be modified only by a written instrument executed by authorized representatives of the parties. Any provision of this Agreement that is declared by a court to be invalid or unenforceable shall be ineffective only to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof. Any such invalidity or unenforceability 42 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED r I EZLinks Golf LLC ZQ 401 S LaSalle St, Suite 302 . , I EZLinks Golf LLC Chicago, IL 60605 Fax: 312.913.6905 I in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. 15. Equipment Financing: Notwithstanding anything in this Agreement or the SOW to the contrary, Client acknowledges that some or all of the Hardware provided by EZLinks to Client hereunder may be leased and/or financed by EZLinks under agreements (collectively, the "Finance Agreements") between EZLinks.and Wintrust Capital, a division of Wintrust Asset Finance Inc. ("Lessor"). If provided for under the Finance Agreements, EZLinks may assign or transfer all or any portion of its rights, benefits, and interests under this Agreement (including EZLinks' rights to receive payments hereunder) to Lessor, provided that EZLinks, and not Lessor, will remain solely responsible and liable to Client for the performance of EZLinks' obligations hereunder. To the extent EZLinks assigns to Lessor EZLinks' rights to receive payments hereunder, Client agrees to make all relevant amounts payable hereunder to Lessor, as directed by EZLinks or Lessor in the relevant notice. Additionally, upon written notice from EZLinks or Lessor that an event of default has occurred under any of the Finance Agreements, EZLinks and/or Lessor may reclaim possession of the Hardware, provided that such reclamation would neither limit Client's rights! and remedies hereunder nor relieve EZLinks of its obligations to Client hereunder. If requested by EZLinks or Lessor, Client agrees to execute a written permission allowing EZLinks or Lessor to enter Client's premises during regular business hours for the purpose of reclaiming the Hardware, as well as other reasonable documentation as may be required by Lessor from time to obtain assurances that Lessor's rights and remedies in connection with the Hardware have been preserved and are enforceable. 43 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED E 5; Z 7� r o VT, J . EZLinks Golf LLC EZLinks Golf LLC 401 S LaSalle St, Suite 302 Chicago, IL 60605 Fax: 312.913.6905 This Statement of Work ("SOW") is between EZLinks Golf LLC ("EZLinks") and the client designated below ("Client") and is subject to and governed by the EZLinks Standard Terms and Conditions as stated above (collectively, the "Agreement"). Capitalized but undefined terms will have the meanings first set forth in the online EZLinks Standard Terms & Conditions Client: Sandridge Golf Club 5300 73rd St Billing Address: Vero Beach, FL 32967-5462 Golf Course(s) Sandridge Golf Club 5300 73rd St Course Address(es) Vero Beach, FL 32967-5462 Client Project Manager: Bela Nagy Email: bnagy@ircgov.com Phone: (772) 770-5003 x5 1. AVAILABLE SOFTWARE & SERVICES: Following is a general description of available Software and Services for Client to select in the table below: A. EZLinks Tee Sheet Network ("ETN"): Software to electronically manage and display golfer data and course tee time availability in multiple channels. B. Point of Sale ("EPOS"): Software to electronically facilitate designated Client transactions, manage inventory and report on revenues. EPOS does not include ETN. C. Integrations and Interfaces ("INT"): Software to transfer and/or display ETN or EPOS data to third -parties approved by EZLinks. Herein referred to as a Third -Party Interface or INT. D. Web Reservations Engine ("WRE"): Software to display tee times and permit reservations of tee times by end users (each, an "End User") through Client -operated or third -party channels including, but not limited to, EZLinks-operated websites or mobile sites. Client agrees that all channels utilized by Client to make its tee times available and permit reservations of tee times by End Users are subject to EZLinks' prior approval. For those circumstances where EZLink's Trade Times are posted to the Client's course site ("Split Times"), Client shall be required to reference and provide links to EZLinks' Privacy Policy and Terms & Conditions. E. EZLinks Reservation Center: A Reservation Center to facilitate End User tee time booking at Client course(s). F. Marketing Services: i. Website Development and Support Services: EZLinks shall provide development, including semi -custom design and coding, of a Client -specific website that includes a template content management portal. Client understands that the resulting website is licensed to Client for the term of the SOW. The minimum technical requirements / supported browsers for highest quality are as follows: Chrome, Safari and Internet Explorer 10 or higher. ii. Promotional Email Marketing: EZLinks may facilitate the creation of semi -custom email designs and distribution of the same to a Client -designated and Client -managed golfer database. Client represents and warrants that all email addresses provided by Client to EZLinks were and will be collected in accordance with applicable law and that sending marketing emails to those email addresses does not violate any applicable law (including, without limitation, the CAN - SPAM Act) or any representation made to the users associated with those email addresses. The minimum technical DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED r— z M 7C j EZLinks Golf LLCVi . EZLinks Golf LLC 401 S LaSalle St, Suite 302 Chicago, IL 60605 Fax: 312.913.6905 requirements / supported browsers for highest quality are as follows: Chrome 25 or higher, Safari 5.1 or higher, Internet Explorer 11 or higher, Opera 12 or higher and Firefox 20 or higher. iii. Mobile Application ("App"): EZLinks shall provide Software that enables Client to display a mobile application specific to Client, including course -specific tee time information, to End Users via compatible mobile phones. Client understands that the resulting App is licensed to Client for the term of the SOW. Client agrees that it will not be listed as the developer of the App with any app store, but rather either EZLinks or its App developer will be listed as such. The minimum technical requirements / supported browsers for highest quality are as follows: Chrome, Safari and Internet Explorer 9 or higher. iv. Revenue Management Support: EZLinks may provide a Revenue Management and Performance team to provide Client -specific reports, revenue counsel and, if explicitly requested, can provide a proposal for additional management services for Client's golf course. v. Technical Support: EZLinks may provide Client with Technical Support during installation and training and provide ongoing client support specific to the EZLinks Software, Hardware and Services. G. Directory Rounds: [!,directory rounds are selected by Client in the Payment Method section below: i. Client authorizes EZLinks to offer golfers the ability to book Rounds at Client courses via EZLinks platforms and their outlets (e.g., TeeOff.com) ("EZLinks Platforms"). ii. Client will make available via the ETN any number of regular and/or dynamically priced Rounds to EZLinks per day, as available, a minimum of two (2) weeks in advance of play. The Rounds allocated for directory rounds are in addition to any Rounds allocated elsewhere in this or any other SOW. iii. Client agrees to provide EZLinks with Client photos for marketing of the Clients' course(s). Client represents that all such photos will be fully cleared (e.g., for copyrights, rights of publicity, etc.) for commercial use by EZLinks in all mediums (including, without limitation, on the internet, in print and via mobile distribution channels). iv. Client agrees to honor all golfer reservations booked through the EZLinks Platform. v. Client acknowledges that EZLinks reserves the right to charge golfers a service fee in connection with Client's Rounds. Service fees will be retained by EZLinks. vi. Client authorizes EZLinks to price and sell Directory Rounds in parity with any third party posting or selling Client Rounds H. Special Projects/Reports: EZLinks may assess an hourly charge to Client for special projects and/or reports. Any such fee would be mutually agreed upon between both parties in a Change of Account. 45 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED r EZU) Z M. EZLinks Golf LLC Payment Method l Contract Type ' Offer Valid if Executed by EZLinks Golf LLC 401 S LaSalle St, Suite 302 Chicago, IL 60605 Fax: 312.913.6905 Start Date End Date Inventory Description Pricing Restrictions Day and Time Restrictions EZTP: User License 10101B Bundled I EZLinks agrees that Inventory $0.00 $0.00 EZT: Member Icons . a 10108 Bundled Active Exchange rounds will not be $0.00 $0.00 EZT: Multi Course/Cross Course 10116 Booking Bundled Active advertised below 30% off the EZLinks agrees to post Inventory 11/01 05/31 8 Rounds/day Monday - Sunday current regular rate, unless a lower rate exists online in which Exchange Tee Times between EZT: Revenue Reports. 10109 Bundled Active case EZLinks shall have price 10am - 1 pm. EZPRICE PRO 10122B Bundled Active parity and will match the lowest $0.00 $0.00 Distribution Channel Management 10120B Bundled i posted rate. $0.00 $0.00 EZBOOK PRO 123B Monthly Active EZLinks agrees that Inventory $250.00 $0.00 Social Booking Module 12304B Bundled Active Exchange rounds will not be $0.00 $0.00 Specials Booking Module 123038 Bundled 12 Rounds/day Monday; 8 advertised below 30% off the current regular rate, unless a EZLinks agrees to post Inventory 06/01 10/31 Rounds/day Tuesday - Sunday lower rate exists online in which Exchange Tee Times between case EZLinks shall have price 10am - 1pm. parity and will match the lowest posted rate Product..Product ..• EZTEE PRO 101 B .- Monthly Active 1 Price $425.00 $0.00 EZTP: User License 10101B Bundled Active 2 $0.00 $0.00 EZT: Member Icons . a 10108 Bundled Active 1 $0.00 $0.00 EZT: Multi Course/Cross Course 10116 Booking Bundled Active 1 $0.00 $0.00 EZT: Rapid Reserve 10115 Bundled Active 1 $0.00 $0.00 EZT: Revenue Reports. 10109 Bundled Active 1 $0.00 $0.00 EZPRICE PRO 10122B Bundled Active 1 $0.00 $0.00 Distribution Channel Management 10120B Bundled Active 1 $0.00 $0.00 EZBOOK PRO 123B Monthly Active 1 $250.00 $0.00 Social Booking Module 12304B Bundled Active 1 $0.00 $0.00 Specials Booking Module 123038 Bundled Active 1 $0.00 $0.00 MKT: Custom Email Confirmation 10107 Bundled Active 1 $0.00 $0.00 46 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED EZLinks Golf LLC EZLinks Golf LLC 401 S LaSalle St, Suite 302 Chicago, IL 60605 Fax: 312.913.6905 Product..Product MKT: Database Marketing Assistant Code 10113 Type Bundled Active 1 $0.00 Price $0.00 MKT: Promo Code Engine 10119 Bundled Active 1 $0.00 $0.00 MKT: Reminder and Thank You Emails 10105 Bundled Active 1 $0.00 $0.00 EZENGAGE 201B Monthly Active 1 $350.00 $0.00 EZTP: Extra User License (each) 10101 Monthly Active 8 $25.00 $0.00 EZ24 PRO 1268 -IL Per Round Active 1 $2.75 $0.00 EZT: Auto Turn Times 10117 Bundled Not Active 1 $0.00 $0.00 Dynamic Pricing 10121 B Bundled Not Active 1 $0.00 $0.00 Utilization Pricing 10103B Bundled Not Active 1 $0.00 $0.00 EZT: Photo ID Feature 10102 Bundled Not Active 1 $0.00 $0.00 EZ EPOS v7 302B Monthly Pending Removal 1 $229.00 $0.00 INT: EZSUITE PRO Integration 10701 One -Time Required 1 $500.00 $0.00 3rd Party Rounds for GolfNow 14006B -GN Monthly Required 1 $0.00 $0.00 INT: Range Software Interface 30816M Monthly Required 1 $31.00 $0.00 EZSUITE (Premier Suite) 308M Monthly Required 1 $525.00 $0.00 POS User License 30801 B Bundled Required 4 $0.00 $0.00 Retail POS 30813M Monthly Required 1 $0.00 $0.00 Food & Beverage POS 30815M Monthly Required 1 $0.00 $0.00 Event Management 30808M Monthly Required 1 $0.00 $0.00 Accounting System Interface 30805M Monthly Required 1 $0.00 $0.00 POS: Business Intelligence 30803M Monthly Required 1 $0.00 $0.00 Barcode Data Collector Interface 30807M Monthly Required 1 $0.00 $0.00 Barcode Blaster Printer Interface 30401M Monthly Required 1 $0.00 $0.00 POS: Purchase Orders 30806M Monthly Required 1 $0.00 $0.00 POS: Membership AR, EZ Pay with ACH, and Member Tools 30802M Monthly Required 1 $0.00 $0.00 Initial Install- Per Day 301B Per Day Required 5 $1,100.00 $0.00 SVC: 24/7/365 Support Line and POS Updates 316 Monthly Required 1 $62.50 $0.00 47 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED r 7: EZLn, CGDwKJ -- C ,W EZLinks Golf LLC EZLinks Golf LLC 401 S LaSalle St, Suite 302 Chicago, IL 60605 Fax: 312.913.6905 Product Name Product Code Product Status Quantity EHW: Host PC / Server 32001 Required 1 EHW: Network Printer 32016 Required 1 EHW: Receipt Printer 32011 Required 4 EHW: Receipt Printer Cable 32013 Required 4 EHW: Workstation PC 32003 Required 4 EHW: Workstation Touch Screen Monitor 32005 Required 4 Total Monthly Price (Excludes Applicable Tax) $0.00 Total One -Time Price $0.00 SOW Notes: Client will transition from a monthly cash invoice for services to an inventory exchange payment method on the first day of the first month following the signed agreement date. Client agrees to trade 1 additional time per week in lieu of the 10% commission for TeeOff.com. This SOW will be deemed accepted by EZLinks upon its signing and returning a copy of the SOW to Client, acceptance by Client of any of the items under this SOW, EZLinks commencing performance of any of the Services, or EZLinks otherwise acknowledging acceptance. Prior to acceptance, EZLinks may cancel this SOW without any liability or obligation. Initials DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED r- z EZ(A R J EZLinks Golf LLC: Signature By. Title Date EZLinks Golf LLC Sandridge Golf Club Signature By Title Date EZLinks Golf LLC 401 S LaSalle St, Suite 302 Chicago, IL 60605 Fax: 312.913.6905 49 DocuSign Envelope ID: 68FOCDC9-7945-466C-8BEE-3525B423E3ED I 7C EZLinks Golf LLC EZU),.t , MINKS Golf LLC Addendum to Standard Terms and Conditions EZLinks Golf LLC 401 S LaSalle St, Suite 302 Chicago, IL 60605 Fax: 312.913.6905 This Addendum to EZLinks Standard Terms and Conditions between EZLinks Golf LLC and Sandridge Golf Club ("Client"), shall become effective upon signature of both, parties. The Addendum is made part of Agreement and will be governed by above SOW and Standard Terms and Conditions, except where distinguished below: I Section 3, Hardware and Software Configuration and Security. Sub -Section B, will be modified to read: Client agrees that, should the configuration of the Hardware or Software be altered (either by golf course personnel or, upon Client's written request, by EZLinks personnel) to allow unrestricted internet browsing or additional functionality or Client uses the Hardware or Software to visit web sites that are not pre -approved by EZLinks, Client agrees that: (i) it does so at its own risk; (ii) it will pay for, reimburse EZLinks for and be liable for any resulting tangible or intangible damages, losses or injuries; (iii) all uptime obligations and warranties associated with the Hardware and Software will be voided; and (vi) to the extent permitted and to the limits set forth in Section 768.28 of the Florida Statutes, it will be liable for and indemnlify, defend and hold EZLinks harmless from any loss or damage resulting from such alterations or internet use, including but not limited to, actual or alleged data security breaches or the introduction of malware and viruses. EZLinks will, if requested by Client, provide repair and technical support services concerning such issues at its then -standard consulting rates. Client also agrees to reimburse EZLinks for all reasonable costs and expenses associated with such repair and technical support. Client will be responsible for maintaining security on its network at all times. EZLinks assumes no responsibility for viruses, malware or other issues that arise due to activity on Client's network and accepts no liability for the consequences of said activity, regardless of the ownership of the hardware residing on the network. Section 5, Confidentiality: Will be modified to read: Initials D. Nothing contained in this Agreement will in any way restrict or impair the Receiving Party's right to use, disclose or otherwise deal in information which: (a) at the time of disclosure is in the public domain, as evidenced by written publication; (b) after disclosure to the recipient becomes part of the public domain by written publication through no fault of the recipient; (c) the recipient can demonstrate was in its possession prior to the time of disclosure to the recipient and was not acquired directly or indirectly from the disclosing party or any person, firm or corporation acting on its behalf, (d) the recipient can show was acquired by the recipient independently, after disclosure hereunder, from a third party without breach of agreement or violation of law; (e) the recipient must disclose as may be required by order of a court of competent jurisdiction, provided, however, that prior to any such disclosure, the recipient notifies the disclosing party of the recipient's intent to disclose such information so that the disclosing party may seek a protective order or injunctive relief to prevent such disclosure; or (f) required by law. 50 i DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED Z 7�EZ A EZLinks Golf LLC (n p Section 7, Term and Termination: Sub -Section B, Point ii, will be modified to read: EZLinks Golf LLC 401 S LaSalle St, Suite 302 Chicago, IL 60605 Fax: 312.913.6905 ii. Unless otherwise required by law, return, purge or destroy (as directed by EZLinks) all Software and other EZLinks materials and certify to EZLinks in writing thatlall such copies have been surrendered or destroyed in accordance with the foregoing; Section 7, Term and Termination: Sub -Section A will be modified to read: A. A SOW may expire or be terminated in accordance with its terms. Unless terminated earlier as provided in this Agreement or as otherwise expressly agreed in an applicable SOW, the initial term of the SOW (the "Initial Term") shall be thirty six (36) months. Contract may be,renewed for a period of thirty six (36) months upon a mutual agreement between both parties. Either party may terminate a SOW for material breach of this Agreement or the applicable SOW, provided, however, that the non -breaching party has given the other party at least sixty (60) days written notice of and the opportunity to cure the breach. Should Client elect not to cure such material breach, EZLinks will assume ownership rights of Client End User Data referenced in Section 4.13i. Termination for breach will not alter or affect the terminating party's right to exercise any other remedies for breach. Upon expiration or termination of this Agreement or applicable SOW, all licenses granted under this Agreement will likewise terminate. I Section 8, Indemnification: Will be modified to read: 8. Indemnification: To the extent permitted and to the limits set forth in Section 768.28 of the Florida Statutes each party will defend, indemnify and hold the other party, its employees, agents, representatives, successors and assigns harmless from and against any and all judgments, costs, damages, claims, causes of action and expenses (including reasonable outside attorneys' fees) or settlement thereof in connection with or arising from any third party claim based upon the breach or alleged breach of this Agreement. Client will defend, indemnify and hold harmless EZLinks, its employees, agents, representatives, successors and assigns from and against any and all claims, judgments, costs, damages, causes of action and expenses (including reasonable attorneys' fees) resulting from or arising out of: any action taken by EZLinks at the direction of Client; any content or materials provided by Client, including, without limitation, any pricing or advertisements; the Client's implementation of or reliance on any advice or counseling from EZLinks (e.g. revenue or pricing recommendations or marketing copy); any injuries to persons (including death) and damage to property caused by the acts or omissions of Client, its employees, agents, servants or representatives; Client or a Third Party authorized to access a Third -Party Interface being denied access t the INT, ETN and/or EPOS, including, without limitation, any claims that EZLinks caused or induced a breach of contract or other obligation between Client and a Third Party; any third -party claims of infringement of intellectual property rights; or misappropriation or use in contrast to the purpose described in a SOW of any Software or hardware. 51 DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED r Z EZLinks Golf LLC E ZO 401 S LaSalle St, Suite 302 7� EZLinks Golf LLC Chicago, IL 60605 C1i. 1 , Fax: 312.913.6905 Section 14, Miscellaneous: Will be modified to read: 14. Miscellaneous: Unless otherwise expressly stated in a SOW, the SOW will be governed by this Agreement and in the event of a conflict between this Agreement and a SOW, the terms of this Agreement shall govern. Neither party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent it is caused by circumstances beyond its control. All notices under this Agreement must be in writing and will be sufficient if delivered personally or sent by overnight courier or by certified mail, postage prepaid, return receipt requested, to the addresses set forth at the beginning of this Agreement or in a SOW. All rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to the parties. The waiver by either party of any breach of this Agreement will not be construed to be a waiver of any succeeding breach. Neither party may assign this Agreement without the prior written consent of the other party unless, with advance written notice, to a controlled subsidiary of that party or a purchaser of all or substantially all of that party's assets. The rights and obligations of this Agreement shall bind and benefit any permitted successors or assigns of the parties. The performance by EZLinks of its duties and obligations under this Agreement will be that of an independent contractor, and nothing herein will create or imply an agency relationship between EZLinks and Client. This Agreement is governed in all respects by the laws of the State of Illinois without regard to conflict of law provisions. Each party exclusively submits to the personal jurisdiction of the courts located within Indian River County, Florida. This Agreement may be modified only by a written instrument executed by authorized representatives of the parties. Any provision of this Agreement that is declared by a court to be invalid or unenforceable shall be ineffective only to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof. Any such invalidity or unenforceability in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Signature By Title Date Signature By Title Date 52 WL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: FDOT Locally Funded Agreement (LFA) and Resolution Authorizingthe Chairman's Signature for Right of Way Remediation Services - SR -60 & 43`d Avenue (IRC -0853) FM No. 431759-1-4B/42/43/45-02, 431759-1-4B/42/43/45-03 DATE: November 7, 2019 DESCRIPTION AND CONDITIONS On August 15, 2017, the Board of County Commissioners approved an FDOT Locally Funded Agreement (LFA) for relocation expenses for Mark's Mobil, Mermaid Carwash and Harbora parcels for $144,500.00. The agreement allocated the following fees: Appraisal $35,000; Consultant $22,000; Acquisition $10,000; and Relocation $77,500 and the $144,500 was paid by Indian River County to FDOT. Due to unforeseen delays, not by the fault of the County or FDOT, the LFA expired beforethe necessary parcels could be remediated and verified to be in compliance with Title 49, Code of Federal Regulations, Part 24, (the Uniform Act). In addition, $56,750 of the funding received by FDOT has been expended. The remaining funding in the amount of $87,750.00 shall be reallocated from FM No. 431759-1-4B/42/43/45-02 to FM No. 431759-1-4B/42/43/45-03. FDOT has requested Indian River County execute and deliver the revised Locally Funded Agreement, as well as a Resolution authorizing the Chairman to execute this Agreement. FUNDING Funding for this expenditure in the amount of $144,500 was budgeted and available in the Traffic Impact Fees/ Construction in Progress - 43rd Avenue 18th Street to 26th Street, account number 10215241-066510-06041 and has been paid in full. No additional funding is necessary for this Agreement extension. RECOMMENDATION Staff recommends the Board of County Commissioners approve the FDOT Locally Funded Agreement (LFA) and Resolution and authorize the Chairman to execute the Agreement. ATTACHMENTS 1. Authorizing Resolution 2. FDOT Locally Funded Agreement FM No. 431759-1-4B/42/43/45-02, 431759-1-4B/42/43/45-03 AGENDA ITEM FOR NOVEMBER 19, 2019 53 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF LOCALLY FUNDED AGREEMENT (LFA) FM N'O. 431759-1-4b/42/43/45-02 AND 431759-1-4B/42/43/45-03 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MARK'S MOBIL, MERMAID CARWASH AND HARBORA PARCELS FOR THE SR 60 & 43RD AVENUE PROJECT. I WHEREAS„ the construction improvements to the 43rd Avenue/State Road 60 intersection, including the addition of turn lanes, drainage piping with drainage structures, signalization, signing and pavement markings from 18th to 26th Street is an Indian River County priority project; and WHEREAS, Ithe Florida Department of -Transportation (FOOT) is prepared to provide funds to pay a portion of the: cost for right-of-way acquisition, including relocation expenses under the Locally I. Funded Agreement (LFA); and I WHEREAS,Idue to unforeseen delays, not by fault of the County and/or the Department, the LFA expired before the necessary parcels could be remediated and verified to be in compliance with the Uniform Alct; and WHEREAS, Ithe State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Locally Funded Agreement for the aforementioned project; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Amendment Number One to CIGP Agreement FM 431759-2-54-01 for�the project. The foregoing resolution was offered by Commissioner The motion was seconded by Commissioner as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan 2019. who moved its adoption. and, upon being put to a vote, the vote was Commissioner Bob Solari I Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By day of I , Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller I By: Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney Deputy Clerk 54 FM No: 431759-1-4B/42/43/45-02 431759-1-46/42/43/45-03 FEID No: VF -596-000-674 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this day of 20 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and Indian River County, 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the COUNTY. - WITNESSETH WHEREAS, the'COUNTY and the DEPARTMENT entered into a County Incentive Grant Program (CIGP) Locally Funded Agreement (LFA) on June 9, 2015 whereby the parties agreed to have the DEPARTMENT acquire, right-of-way for the SR -60 and 431 Avenue Intersection Improvement Project with the COUNTY and the DEPARTMENT each paying 50% of the costs; and WHEREAS, prior to the commencement of the right of way services agreement, the COUNTY acquired three parcels that were within the vicinity of the SR -60 and 43rd Avenue intersection (Mermaid Carwash, Mark's Mobil, and the Harbora residence); and WHEREAS, said parcels were not acquired in accordance with Title 49, Code of Federal Regulations (CFR), Part 24 (the "Uniform Act"); and WHEREAS, the COUNTY and the DEPARTMENT entered into a LFA on August 30, 2017, whereby the parties agreed to have the DEPARTMENT perform remediation services for the three (3) County acquired parcels with the COUNTY paying 100% of the costs; and WHEREAS, the DEPARTMENT received financial assistance in the amount of ONE HUNDRED FORTY FOUR THOSUAND FIVE HUNDRED DOLLARS ($144,500.00) on October 5, 2017 from the COUNTY for the right of way remediation services; and WHEREAS, due to unforeseen delays, not by fault of the COUNTY and/or the DEPARTMENT, the LFA expired before the necessary parcels could be remediated and verified to be in compliance with the Uniform Act; and WHEREAS, the COUNTY has provided the DEPARTMENT with financial assistance under Financial Management (FM) No 431759-1-4B/42/43/45-02 (Funded in Fiscal Year 2017/2018) for the continuance of remediation services related to right of way acquisition, relocation assistance, demolition services and consulting fees for the aforesaid parcels at the intersection of SR -60 and 43rd Avenue. Refer to Exhibit A, Scope of Services, attached hereto and made a part hereof; and WHEREAS, for the purpose of this Agreement, the right of way remediation services at the intersection of SR -60 and 43rd Avenue is. hereinafter referred to as the "Project" (FM# 431759-1- 46/42/43/45-02 and 431759-1-4B/42/43/45-03); and 55 WHEREAS, the Project is in the interest of both the COUNTY and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to continue performing such activities; and WHEREAS, the COUNTY by Resolution No. on the day of 120 , a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The COUNTY agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no cost to the DEPARTMENT. 4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the COUNTY's input in its decisions. 5. The total cost of the Project referenced above, is estimated to be ONE HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($144,500.00). The COUNTY's payment of ONE HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($144,500.00) has been paid to the DEPARTMENT. FIFTY SIX THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($56,750.00) of the funding already received from the COUNTY has been expended. The remaining funding in the amount of EIGHTY SEVEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($87,750.00), under FM # 431759-1-4B/42/43/45-02 shall be reallocated to FM# 431759-1-4B/42/43/45-03. SR -60 AND 43RD PROJECT FM No. 431759-1-4B/42/43/45-02 (Initial Funding Allocation: Based on deposit) Phase 4B Phase 42 Phase 43 Phase 45 (Appraisal) (consultant) (Acquisition) (relocation) $35,000.00 $22,000.00 $10,000.00 $77,500.00 TOTAL AMOUNT DUE FROM PARTICIPANT: $144,500.00 3 FM No. 431759-1-4B/42/43/45-03 FUNDING ALLOCATION (The funding is reallocated from FM # 431759-1-4X-02 to FM # 431759-1-4X-03 as follows:) . PHASE 4B Original Amount (FM# 431759-1-4B-02) $ 35,000.00 Expenditures $ 0.00 Subtotal $ 35,000.00 Reallocation to: (FM# 431759-1-42-03) -$35,000.00 TOTAL (FM# 431759-1-4B-03) $ 0.00 PHASE 42 Original Amount $ 22,000.00 (FM# 431759-1-42-02) Expenditures $ 0.00 Subtotal $ 22,000.00 Reallocation to: (FM# 431759-1-45-03) -$20,000.00 Subtotal ---------------------------------- $2,000.00 --------------------------------- Subtotal reallocated to: (FM# 431759-1-42-03) $2,000.00 Reallocation from: (FM# 431759-1-4B-02) +$35,000.00 (FM# 431759-1-45-02) +$ 750.00 TOTAL $ 37,750.00 (FM# 431759-1-42-03) PHASE 43 Original Amount $10,000.00 (FM# 431759-1-43-02) Expenditures $10,000.00 Subtotal $ 0.00 Reallocation: (N/A) $ 0.00 TOTAL $ 0.00 (FM# 431759-1-43-03) PHASE 45 Original Amount $77,500.00 (FM# 431759-1-45-02) Expenditures -$46,750.00 Subtotal $30,750.00 Reallocation to: (FM# 431759-1-42-03) -$ 750.00 Subtotal ------------------------------------ $30,000.00 ------------------------------ Subtotal reallocated to: (FM# 431759-1-45-03) $30,000.00 Reallocation from: (FM# 431759-1-42-02) +$20,000.00 TOTAL $50,000.00 (FM# 431759-1-45-03) In the event that any of the allocated funds for Phase 413, 42, 43, and/or 45 are not utilized in its entirety, the Department shall reallocate funds, without an amendment, to cover Project costs, as long as the reallocation results in a ZERO DOLLAR ($0.00) net change and no additional funding is required from the County. 57 A. If the Project costs are in excess of the advance deposit amount, the COUNTY will provide an additional deposit within fourteen (14) calendar days of notification from the, DEPARTMENT. The DEPARTMENT will notify the COUNTY as soon as it becomes apparent that Project costs are in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation. If the COUNTY cannot provide the additional deposit within fourteen (14) calendar days, a letter must be submitted to and approved by the DEPARTMENT'S Project manager indicating when the deposit will be made. The COUNTY understands the request and approval of the additional time could delay the Project, and additional costs may be incurred due to delay of the Project. 1 B. When Project modifications occur that increase the COUNTY'S payment of total Project costs, the COUNTY will be notified by the DEPARTMENT. The COUNTY agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund the cost of the Project. The DEPARTMENT shall notify the COUNTY as soon as it becomes apparent the actual costs will exceed the deposit amount. However, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation. Funds due from the COUNTY during the Project not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, F.S. In the event the COUNTY fails to make the additional payment within the time hereinabove set forth, in addition to any other remedy, the DEPARTMENT reserves the right to terminate this Agreement C. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty days (360) of final payment to the Consultant. The DEPARTMENT considers the Project complete when the DEPARTMENT provides the COUNTY with written notice of its acceptance of the Project. Such written acceptance by the DEPARTMENT shall serve as evidence that all three (3) parcels acquired by the COUNTY are in compliance with the Uniform Act. All Project cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three (3) years after final close out of the Project. The COUNTY 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 DEPARTMENT to the COUNTY. If the final accouriting is not performed within three hundred sixty (360) days, the COUNTY is not relieved from its obligation to pay. D. In the event the final accounting of total Project costs is greater than the total deposits to date, the COUNTY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The COUNTY agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within forty (40) calendar days until the invoice is paid. 58 E. The payment of funds under this Agreement were received and a Three Party Escrow Agreement between the COUNTY, the DEPARTMENT, and the State of Florida, Department of Financial Services, Division of Treasury was established and executed. 6. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 7. In the event the Project is cancelled, the DEPARTMENT, in accordance with all applicable laws and procedures, will reimburse to the COUNTY any remaining funds on deposit minus any costs incurred during the Project. 8. The COUNTY / Vendor/ Contractor: (A) shall utilize the U.S. Department of Homeland Security's E -verify system to verify the employment eligibility of all new employees hired by the COUNTY/ Vendor/Contractor during the term of the contract; and (B) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 9. This Agreement and any interest herein shall not be. assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 10. Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the Project, the Agreement may be amended to identify the respective responsibilities and the financial arrangements between the parties. 11. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project (FM# 431759-1-46/42/43/45- 03) is completed as evidenced by the written acceptance of the DEPARTMENT. 12. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 13. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 59 14. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this 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 representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effectiveunlesscontained in a written document executed with the same formality and of equal dignity herewith. 15. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-342'1 Attn: Leos A. Kennedy, Jr. With a copy to: Susan Day A second copy to: Office of the General Counsel If to the COUNTY: Indian River County Public Works Department 1801 27th Street Vero Beach, Florida 32960 Attn: Richard Szpyrka, P.E. With a copy to: County Attorney The remainder of this page is blank. 60 IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution Number , hereto attached. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY: NAME: TITLE: Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller COUNTY CLERK APPROVED: IN (Deputy Clerk) (SEAL) WILLIAM K. DeBRAAL DEPUTY COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: STEVEN C. BRAUN, PE. DIRECTOR OF TRANSPORTATION DEVELOPMENT LEGAL REVIEW BY: OFFICE OF THE GENERAL COUNSEL APPROVED: BY: DISTRICT PROGRAM MANAGEMENT ADMINISTRATOR 61 EXHIBIT A Scope of Services FM No. 431759-1-4B/42/43/45-02 & FM No. 431759-1-4B-/42-43-45-03 The DEPARTMENT shall implement a remediation plan for the pending SR60 @ 43rd Avenue intersection construction project to ,bring the properties into compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 62 M, U1115L11 I AULr%L)A BCC Meeting 0. INDIAN RIVER COUNTY, FLORIDA f AGENDA ITEM Assistant County Administrator Department of General Services Parks and Conservation Resources Division Date: November 19, 2019 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Director, Office of Management and Budget From: Kevin M. Kirwin, Director, Parks and Conservation Resources Subject: Memorandum of Agreement between the Florida Fish and Wildlife Conservation Commission and Indian River County, Parks and Conservation Resources for Boating Ramp Projects and Maintenance BACKGROUND:' The Florida Fish and Wildlife Conservation Commission (FWC) has available labor, equipment, and materials funded in part from the Federal, Sport Fish Restoration Act — Boat Access and in part from state funding to maintain and construct new public access boat launch ramps. The FWC, Division of Law Enforcement, Boating & Waterways section reached out to us in order to enter into a Memorandum of Agreement in order to codify their assistance with maintaining and improving the County's Public Access Boat Launches (See attached MOA). The Public Access Boat Launches owned, managed and maintained by Indian River County are the following; Ramp Name Ramp Address Oslo Boat Ramp 1 9th Street SE, Vero Beach Round Island Boat Ramp 2200 S Highway AIA, Vero Beach Wabasso Causeway Boat Ramp 3105 Wabasso Bridge Road, Vero Beach Blue Cypress Lake Boat Ramp 21704 73rd Manor, Vero Beach Dale Wimbrow Park Boat Ramp 11805 Roseland Road, Sebastian Donald McDonald Campground Boat Ramp 12315 Roseland Road, Sebastian The term of the agreement is for twenty (20) years with a termination option by either party with a sixty (60) day notice. FUNDING: Currently, Indian River County, Parks and Conservation Resources is funded to provide general maintenance services at our public access boat launches, entering into this Memorandum of Agreement with the FWC will enhance the level of maintenance and repair services without a fiscal impact. 63 RECOMMENDATION: Staff respectfully recommends the Board approve the Memorandum of Agreement with the Florida Fish and Wildlife Conservation Commission and authorize the Chairman to execute in duplicate and return to staff to forward on to State for signatures. Upon full execution, an original will be delivered to Clerk to the Board. ATTACHMENT: Florida Fish and Wildlife Conservation Commission MOA Attachment A — List of Boat Ramps and Facilities Attachment B — Site Dedication Form DISTRIBUTION Florida Fish and Wildlife Conservation Commission APPROVED ITEM FOR NOVEMBER 19, 2019 64 MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND INDIAN RIVER COUNTY PARKS AND CONSERVATION RESOURCES FOR BOATING ACCESS PROJECTS THIS MEMORANDUM OF AGREEMENT is entered into by and between THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, 620 South Meridian Street, Tallahassee, Tlorida 32399-1600, hereafter called "COMMISSION," and INDIAN RIVER COUNTY, PARKS AND CONSERVATION RESOURCES, 5500 77TH Street, Vero Beach, Florida 32967 hereafter called "COOPERATOR." I WHEREAS, the purpose of this Memorandum of Agreement is to establish an agreement between the parties to provide mutually beneficial support and enhancement of public recreational boating opportunities in their respective efforts for the following boat ramps in Attachment A: Table A, hereafter referred to as the "PROJECTS," and WHEREAS, ithe COMMISSION has available labor, equipment, and materials funded part from the Sport Fish Restoration Act — Boat Access and part from state funding to construct new, improve existing, and maintain the PROJECTS, and i WHEREAS, the COOPERATOR has property available for boating access, further described in Attachments A: Table B, hereafter referred to as the "PROJECT SITES," and wishes to cooperate with the COMMISSION. r In consideration of mutual promises contained herein, the COMMISSION and the COOPERATOR agree as follows: i 1. RESPONSIBILITIES OF THE PARTIES. The parties hereby agree to accept and undertake the following responsibilities assigned to them under this Agreement: A. Responsibilities of the COMMISSION. 1. Provide labor, equipment, and materials to maintain the structure or improvements at the PROJECT SITES described in Attachment A: Table B. 2. Agrees to perform all structural maintenance and improvements to the PROJECT SITES as may be necessary during the term of this Agreement. I Mi 3. Obtain appropriate permits prior to construction or repair work performed hereunder. 4. Communicate with the COOPERATOR on any changes to the Agreement. B. Responsibilities of the COOPERATOR Agrees to dedicate, by appropriate action of its governing body, the real property referenced in Attachment A, Table A, Exhibit(s), and by its acceptance to the provisions of this Agreement does hereby dedicate it to public use as a recreation area available to the general public for recreation and boating purposes only. COOPERATOR agrees to complete 'the Site Dedication Form, Attachment B, and file it as an official record in the Clerk of the Circuit Court with jurisdiction over the project sites. The parties further agree that the execution of this Agreement shall constitute an acceptance of the dedication of PROJECT SITES on behalf of the general public of the State. The Site Dedication shall last for the term of this Agreement unless the Agreement is terminated. Should the Agreement terminate or otherwise end, the COOPERATOR may request, and the COMMISSION shall issue a Termination of the Dedication for filing with the Clerk of dourt. I 2. .Agrees to :provide a means of ingress and egress to the PROJECT SITES. 3. Agrees to provide and to maintain all existing parking spaces and ancillary facilities described in Attachments A: Table C, PROJECT FACILITIES. 1 4. COOPERATOR further agrees, subject to availability of necessary funds, to provide other ancillary facilities such as, but not limited to, lighting, public restrooms, picnic and recreational facilities as may be deemed, in the opinion of the COOPERATOR, to be necessary or desirable. I 5. Agrees to i operate and, subject to the terms of paragraph A.2 hereof, maintain PROJECT SITES, and all ancillary facilities thereon for the duration of the term of this agreement.' Such operational and maintenance responsibility shall include, but not be limited to, the maintenance of ancillary facilities, trash removal, grounds maintenance on the PROJECT SITES, and the provision of such law enforcement services as are usual and customary in order to allow the safe and orderly public utilization of the PROJECT SITES. 6. Shall keep the PROJECT SITES and PROJECT FACILITIES open for public use, maintained in accordance with all applicable health and safety standards and kept in good repair to prevent undue deterioration and provide for safe public use. 7. Covenants that it has full legal authority and financial ability to develop, operate and maintain the' PROJECT FACILITIES and improvements in accordance with the terms of this Agreement. 66 8. Communicate in writing to the COMMISSION when repairs or maintenance to be conducted by the COMMISSION in accordance with paragraph A.2 hereof are deemed necessary by the COOPERATOR. 9. Shall not, for any reason, convert all or any portion of the PROJECT SITES or PROJECT FACILITIES to other purposes, without prior approval of the COMMISSION. Any such conversion will result in termination of this Agreement. 10. Agrees that no launch fee shall be charged by the COOPERATOR. Entrance fees may be collected by the COOPERATOR if existing at the time of the execution of this Agreement or agreed to in writing by the COMMISSION, and if done in accordance with all State and Federal laws and regulations. Entrance fees charged for the PROJECT SITES by the COOPERATOR shall be imposed uniformly upon all users without regard to age, sex, race, religion, handicap, or other lawfully prohibited condition. All entrance fees charged by the COOPERATOR for the PROJECT SITES must be uniform and consistent with fees charged throughout the COOPERATOR's jurisdiction, and must be invested back into the maintenance of PROJECT SITES or PROJECT FACILITIES, as identified in Attachment A. 11. Agrees not to restrict access hours between dawn to dusk to boat launching facilities comprising the PROJECTS unless such restriction is agreed to by the COMMISSION in writing and made part of this Agreement by way of an amendment. 12. Agrees, upon request, to provide the COMMISSION with any existing documents such as surveys; design plans, or as built drawings as may be necessary for construction or repair of the project facilities and to otherwise assist the COMMISSION, as appropriate, in obtaining all necessary permits for work on the PROJECTS. As available, the COOPERATOR further agrees to provide engineering services, when necessary, to address special design problems or major rebuilds and for the purpose of reviewing and signing permit applications requiring a professional engineer's signature. In the event that special design problems or major rebuilds are identified, the COOPERATOR may qualify for grant funding:through the COMMISSION'S programs to cover the costs of these engineering services. If the COOPERATOR does not agree to provide these engineering services, the specific PROJECT shall be removed from this Agreement going forward. 13. Agrees to indemnify the Commission for any penalties imposed by United States, Department of Interior due to the COOPERATOR'S non-compliance with applicable Federal regulations, to the extent provide by law. Any such penalties will be paid by the COOPERATOR. 14. Agrees to give the COMMISSION access to the PROJECT FACILITIES, through its agents and employees for the purpose of inspecting the PROJECT FACILITIES thereon, and to perform any duties imposed hereunder. The parties agree that, in compliance with 50 CFR 80.132, those lands or waters on which capital improvements 67 are made by the COMMISSION hereunder shall remain within the control of the COMMISSION to the extent necessary to assure the protection, maintenance, and use of the improvement(s) throughout the term of this agreement. 15. Agrees to allow the COMMISSION to post, at its own expense, signs at the PROJECT SITES identifying the PROJECT FACILITIES as a Federal Aid Project, and the parties hereto as; cooperators in providing boating access facilities. In addition, such signs may include public information concerning maintenance of the PROJECT SITES. 2. TERM OF THE AGREEMENT. It is understood and agreed that the relation established by this Agreement is meant to be for the benefit of both parties, and that this Agreement shall be effective on the date of execution by both parties, and shall remain in effect for a period of 20 (twenty) years, or for a period of 20 (twenty) years from the completion of any reconstruction or major repair, or significant structural alteration or addition to the PROJECT FACILITIES, approved in writing' by the parties and conducted at the expense of the COMMISSION, unless otherwise terminated, suspended or modified in writing by an appropriate amendment executed by both parties. 3. TERMINATION. Either party may terminate this Agreement, in whole or as to any specified PROJECT FACILITIES which are the subject hereof, upon giving written notice to the other party specifying the, termination date, by certified mail, return receipt requested, at least 60(sixty) days prior to the termination date specified in the notice. In the event of such termination, the obligations of the parties hereunder shall cease as to the PROJECT SITES or PROJECT FACILITIES which are the subject of termination, and such PROJECT SITES or PROJECT FACILITIES shall revert to the exclusive control of the COOPERATOR. Should the Agreement terminate, the COMMISSION shall issue a Termination of the Site Dedication for filing with the Clerk of Court where the original site dedication was filed. 4. NOTICES. Any, and all notices shall be delivered to the parties at the following addresses (or such changed address or addressee as may be provided by notice). A notice or other communication shall be deemed received by the addressee on the next business day after having been placed in overnight mail with the U. S. Postal Service, or other overnight express service such as FedEx, UPS,' or similar service. Notices sent by means other than overnight delivery shall be deemed received when actually received by the addressee: FOR THE COMMISSION: Boating Access Coordinator Florida Fish and Wildlife Conservation Conservation Commission 620 South Meridian Street Tallahassee, Florida 850-617-9538 850-488-9284 FOR THE COOPERATOR: Director Parks and Conservation Resources Indian River County 5500 77h Street Vero Beach, Florida 32967 772-226-1875 68 5. AUTHORITIES. It is understood and agreed that each party operates under its own legal authorities, policies and administration, and each party's obligations under this Agreement are thereby limited. It shall be the responsibility of each party to interpret its own authorities and policies, and make decisions as required under law and policies applicable to each. 6. PUBLIC RECORDS. All records in conjunction with this Agreement shall be public records in accordance with the laws applicable to the parties. 7. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing herein shall constitute a waiver by either party of sovereign immunity or statutory limitations on liability. 8. STATE REQUIRED CLAUSES. a. Non-discrimination. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. b. Prohibition of Discriminatory Vendors. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Public Entity Crimes. In accordance with Section 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. d. Legislative appropriation. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 9. FEDERAL REQUIRED CLAUSES. a. Non-discrimination. All activities pursuant to this Agreement and the provisions of Exec. Order No. 11246, 3 C.F.R. 339 (1964-65) shall be in compliance with the requirements of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d et seq.); Title V, Section 69 504 of the Rehabilitation Act of 1973 (87 Stat. 394; 29 U.S.C. 794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. 6101 et seq.); and with all other Federal laws, regulations, and policies prohibiting discrimination on the grounds of race, color, national origin, handicap, religion, sex, or sexual orientation, in providing for facilities and service to the public. b. Public Laws. Nothing herein contained in this Agreement shall be deemed to be inconsistent with or contrary to the purpose of or intent of any Act of Congress or the laws of the District establishing, affecting, or relating to the Agreement. I .c. Appropriations. Nothing contained in this Agreement shall be construed as binding the COMMISSION to lexpend in any one fiscal year any sum in excess of appropriations made by Congress, and available for the purposes of this Agreement for that fiscal year, or as involving the United States in any contract or other obligation for the further expenditure of money in excess of such appropriations. 10. NON -ASSIGNMENT. This Agreement may not be assigned in whole or in part without the written approval ofIall parties. Any such assignment or attempted assignment shall be null and void. 11. SEVERABILITY AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. 12. NO THIRD -PARTY RIGHTS. The parties hereto do not intend, nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement. 13. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement; including but not limited to any claim of quantum meruit. 14. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Executive Order 96- 236, the COMMISSION shall consider the employment by the COOPERATOR of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the COOPERATOR knowingly employs unauthorized aliens. 15. EMPLOYMENT ELIGIBILITY VERIFICATION. The COOPERATOR shall enroll in and use the U.S. Department of Homeland Security's E -Verify Employment Eligibility Verification 70 System(http://www.uscis.gov/portal/site/uscis) to verify the employment eligibility of all new employees hired by the COOPERATOR during the term of this Agreement. The COOPERATOR shall include in any subcontracts for the performance of work or provision of services pursuant to this Agreement the requirement that the subcontractor use the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Agreement term. The COOPERATOR further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its. subcontractors as provided above, and to make such records available to the COMMISSION or other authorized state entity consistent with the terms of the COOPERATOR'S enrollment in the program. This includes maintaining a copy of proof of the COOPERATOR'S and subcontractors' enrollment in the E - Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation menu of the E -Verify employer's homepage). Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the COMMISSION may treat a failure to comply as a material breach of the Agreement. 16. ENTIRE AGREEMENT; AMENDMENT. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. This Agreement may be amended by mutual written agreement of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Agreement to be executed through their duly authorized signatories on the day and year last below written. INDIAN RIVER COUNTY, FLORIDA FLORIDA FISH AND WILDLIFE BOARD OF COUNTY COMMISSIONERS CONSERVATION COMMISSION SIGNATURE Name: Title: CHAIRMAN Date: SIGNATURE Name: Title: Date: 71 BCC APPROVED: November 19, 2019 Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Deputy Clerk Approved: Jason E. Brown, County Administrator APPROVED as to form and legal sufficiency Dylan Reingold, County Attorney APPROVED as to form and legality by FWC Attorney: SIGNATURE Attachments• Attachment A: Boat Ramp Reference- Tables identifying ramp number, name, location, structures, parking and ancillary facilities. Attachment B: Site Dedication Form 72 Table A: PROJECTS FWC Ramp Number FWC Ramp Number Ramp Name GPS Location Exhibit: Site Control/Legal Description (Deed, Easement, Property Appraisal Document) 114 Blue Cypress Lake Boat Ramp 27.726413,80.776303 32360000000000000000 NA Oslo Boat Ramp 27.586484 80.365182 County ROW 200 9th St SE, Vero Beach, FL 32962 NA Wabasso Causeway Boat Ramp 27.756516 27.561057 27.810109 80.422486 31392700000300000000 NA Round Island Boat Ramp 80.328532 33403400001000000012.1 NA Dale Wimbrow Park Boat Ramp 180.504685 30382200001001000000.0 NA Donald McDonald Boat Ramp 27.819846 180.507778 130382200001001000000 Table B: PROJECT SITES FWC Ramp Number Ramp Name Waterbody Structures Maintained 114 Blue Cypress Lake Boat Ramp Blue Cypress Lake 2 Boat Ramps, 2 Floating Docks NA Oslo Boat Ramp Indian River Lagoon Boat Ramp NA lWabasso Causeway Boat Ramp Indian River Lagoon Boat Ramp NA Round Island Boat Ramp Indian River Lagoon Boat Ramp NA Dale Wimbrow Park Boat Ramp Saint Sebastian River Boat Ramp NA Donald McDonald Boat Ramp Saint Sebastian River Boat Ramp Table C: PROJECT FACILITIES FWC Ramp Number Ramp Name List of Parking Spaces & Additional Ancillary Facilities 114 Blue Cypress Lake Boat Ramp 28 Parking Spaces NA Oslo Boat Ramp 9 Parking Spaces NA lWabasso Causeway Boat Ramp 23 Parking Spaces NA Round Island Boat Ramp 24 Parking Spaces NA Dale Wimbrow Park Boat Ramp 17 Parking Spaces NA Donald McDonald Boat Ramp 9 Parking Spaces 73 SITE DEDICATION This Site Dedication gives notice that the Real Property identified as described in Attachment A: Table A: Exhibit(s), Legal Description, attached hereto, (the "PROJECTS") has been developed with financial assistance provided by Sport Fish Restoration Funds, through the Fish and Wildlife Conservation Commission, under the grant program called the Sport Fish Restoration Program. In accordance with 50 CFR 80, the PROJECTS is hereby dedicated to the public as a boating access facility for the use and benefit of the general public for a minimum period of twenty (20) years from the date of this dedication. DEDICATOR Original signature Printed Name Title Date Witness Printed Name Witness Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this by produced Stamp: _ day of 20 who is personally known to me or who as identification. Notary Public, State of Florida 74 Carole Jean Jordan, CFC 7 fl Tax Collector R_ "HOW MAY WE HELP You?" October 31, 2019 The Honorable Bob Solari Chairman, Boardof County Commissioners Indian River County 180127 1h Street, Bldg A Vero Beach, Florida 32960 Dear Chairman Solari: I am enclosing the 2019 Excess Fee Report of the Indian River County Tax Collector's Office. Total income for fees from all sources and investment income for 2019 was $7,193,486, a difference of $410,486 over projected income; total expenditures were $4,349,993, which is $73,323 under projected expenditures. The excess fees were $2,843,493 an increase over projected excess fees of $483,809. This breaks down to $2,555,377 being returned to the Board of County Commissions, an increase of $434,729 from our projected amount, and $288,116 being returned to the other taxing districts. If you have any questions, please contact me. Sin rely, Carole Jean Jordan Tax Collector CJJ:ekp Enclosure P.O. Box 1509, Vero Beach, FL 32961-1.509 E-mail: TaxCollector(c-o irctax.com Website. www.-irctax.com Phone: (772)-226-1338Fax (772) 770-5009 75 INDIAN RIVER COUNTY TAX COLLECTOR CAROLE JEAN JORDAN, TAX COLLECTOR EXCESS FEE DISTRIBUTION YEAR ENDING SEPTEMBER 30, 2019 COMMISSIONS 2018/2019 COLLECTED EXCESS FEES AGENCY 2018/2019 % $ 2,843,493.25 GENERAL FUND i $ 3,639,028.63 67.4237% $ 1,917,187.54 MUNICIPAL SERV DIST $ 198,768.61 3.6828% $ 104,719.35 EMS SERV DIST 1 $ 650,848.51 12.0589% $ 342,893.33 ROCKRIDGE SLD. $ 52.59 0.0010% $ 27.70 LAURELWOOD SLD $ 176.06 0.0033% $ 92.75 GIFFORD SLD $ 1,308.49 0.0242% $ 689.37 LAUREL CT SLD $ 23.30 0.0004% $ 12.27 OCEANSIDE SLD $ 46.30 0.0009% $ 24.40 OCEANSIDE PAVING $ 288.31 0.0053% $ 151.89 OSLO PARK SLD I $ 818.95 0.0152% $ 431.46 VERO LAKES MSTU $ 4,885.79 0.0905% $ 2,574.04 VB HIGH SLD $ 1,753.24 0.0325% $ 923.68 IXORA PK SLD I $ 107.39 0.0020% $ 56.58 PORPOISE PT SLD $ 6.39 0.0001% $ 3.37 VERO SHORES SLD $ 95.45 0.0018% $ 50.28 POINCIANA SLD $ 301.60 0.0056% $ 158.90 ROSELAND RD SLD $ 14.14 0.0003% $ 7.45 GLENDALE LK SLD, $ 64.78 0.0012% $ 34.12 WALKERS GLEN SLD $ 23.54 0.0004% $ 12.40 FLORALTON SLD $ 49.24 0.0009% $ 25.94 TIERRA LINDA SLD' $ 50.51 0.0009% $ 26.61 WHISPERING PINES SLD $ 21.59 0.0004% $ 11.37 MOORINGS SLD $ 210.92 0.0039% $ 111.12 E. GIFFORD WATERSHED $ 19.37 0.0004% $ 10.21 WEST WABASSO MSBU $ 149.92 0.0028% $ 78.99 LAND ACO BOND $ 0.37 0.0000% $ 0.19 LAND ACQ BOND 2004 $ 95,003.02 1,7602% $ 50,051.44 LIBRARY BOND 0.0000% $ - LANDFILL $ 256,263.44 4.7480% $ 135,009.95 BEACH BOND 0.0000% $ - FIND $ 10,781.35 0.1998% $ 5,680.05 SCHOOL BOARD $ 1.19 0.0000% $ 0.63 ST JOHNS WMD $ 86,324.18 1.5994% $ 45,479.07 SEB INLET DIST $ 8,190.14 0.1517% $ 4,314.90 MOSQUITO CONT $ 84,539.61 1.5663% $ 44,538.89 HOSPITAL $ 307,292.97 5.6935% $ 161,894.37 FELLSMERE WCD $ - 0.0000% $ - FELLSMERE WCD - EAST $ 750.00 0.0139% $ 395.13 FELLSMERE WCD - WEST $ 750.00 0.0139% $ 395.13 IR FARMS WCD $ 1,500.00 0.0278% $ 790.26 ST JOHNS IMPROVE DIST NW2 $ - 0.0000% $ - ST JOHNS IMPROV DISTRICT $ 1,500.00 0.0278% $ 790.26 SEB RIVER IMPROV DISTRICT $ 1,500.00 0.0278% $ 790.26 VERO LAKES WCD $ 1,500.00 0.0278% $ 790.26 DELTA FARMS WCD $ 1,500.00 0.0278% $ 790.26 SEBASTIAN STORM DRAIN $ 40,746.83 0.7550% $ 21,467.08 TOTAL , $ 5,397,256.72 100.0000% $ 2,843,493.25 0.00 ALLOC. DUE TO COUNTY 100.208.1000 $ 2,555,376.70 89.87% DUE TO OTHER GOVTi 100.208.0000 $ 288,116.55 10.12% TOTAL EXCESS FEES $ 2,843,493.25 O_ � O D N p CL' w OW F - OJ z m iLOwOW ~spa �Lu W U Q o U zui p U Z Q 0 > myW Wa z w Q p y} z �= LL F- -i QO LL Z 0 a u z<� LL z W� O Cao N V' O N 00 r co to W U I �I, V3 Cfl Vi U) 61k W m Z N V' U) CC) to O N co M co CC) O W O N F•-0— rM V u') —Lr) 00 00000 N MM Z r r r r t– r N N N N N N N N p N 0 U Q U W z Cl) 0 w } cin w H p J O Z U �} d = �w E5 Q LL w O H I D' CoCn z-5 0 U Z Cf FW- Q W p x z > Q w W p lL W ~ 0 n 3:C7 p U- zW CY p _QA, OJ 0FW- tpi U) �Jw �LLO Q W�o» LL Jc¢n p �( p Q m J } w UQmof OWW cn MLLLL0z U) U) y z I-- p>Q0 „gip w Q00c9W www, ¢ U w lLl > F- h > p � > F,�- p — to w p Cn Lli w cncn� uy , aOHW� =,_i�d I- z d w cr`/) co —zwcn cn0 CO Q UjzmtnOz CO FZJJ=,W CO Q z m zQZE-F--W v) W000� cna��� ¢ m < }I}pWJ�X2' J )OW W W W d===U ) d z -) ) Wn--puwEwmmo FQ- C�unonz W F -F -F -U FQ- z p !¢ FQ - QwdU~O>PP n O Q0000D -000Q O Z) LL 0 O U,wwQZcnZ000 H J F- LL }- }- N N N N N z O W'� O O O O O 0= Z � m M Cl) M co C�' OOj REVENUES CHARGES FOR SERVICES: COUNTY OFFICERS COMMISSIONS MISCELLANEOUS REVENUES: INTEREST OTHER REVENUES TOTAL REVENUES I EXPENDITURES I GENERAL GOVERNMENT SERVICES: FINANCIAL AND ADMINISTRATIVE: PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY DEBT SERVICE: PRINCIPAL RETIREMENT INTEREST TOTAL EXPENDITURES INDIAN RIVER COUNTY, FLORIDA TAX COLLECTOR STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL ALL GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER.30, 2019 GENERAL FUND VARIANCE FAVORABLE ACCOUNT NUMBER BUDGET ACTUAL . (UNFAVORABLE) EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) TRANSFERSIN LEASE PURCHASE PROCEEDS. LEASE PURCHASE CIP TRANSFERS OUT TO BOARD OF COUNTY COMMISSIONERS TRANSFERS OUT TO OTHER GOVERNMENTS TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10/01/18 FUND -BALANCES 9130119 1 341.80 $6,760,000 $ 7,113,519 $ 353,519 361.10 • 23,000 79,967 $ 56,967 $ 6,783,000 $ 7,193,486 $ 410.486 513.10 $ 3,412,731 $ 3,378,198 $ 34,533 513.30 988,585 953,984 $ 34,601 513.60 22,000 17,811 $ 4,189 513.71 - - $ - 513.72 - - $ - $ 4,423,316 $ 4,349,993 $ 73,323 $ 2,359,684 $ 2,843,493 . $ 483,809 (2,120,648) (2,555,377) (434,729) (239,036) (288,116) (49,080) $ (2,359,684) $ (2,843,493) $ (483,809) i $ $ (0) $ (0) I I do solemnly swear that the foregoing is a true, correct and complete report of all revenues and expenditures of my office for the year ending the 30th day of September; 2019. i i ignature) Office of Tax Collector, Indi n River County 78 VLO N O � W LO N U `n cc(o Z d d co U) C) O M ' co U7 ER O Cl) r I- O Vc- a O N r- U) O (O Z rn cc p r- O L U h r (0 Cn W Q Cl) M Q DOOOp F- ►- I- 1= w pUwwWLLL Q J_ O Qin©oow 0 m d_ � Q M O Z O CA d N z r CY) Q Cf)O 0 r <- W ~ Q' CL' W r*) O M d U) d > Ozzw z U w LLL W r 0 �W0>-(n U o OOo�tZ� Q 000 S W "U-) L.0 r- Q C) 0 (D J LL. `t W m a ~ O Q W Z d w } o Q w 2 r Z w Z F- d U) O O w z z m O U Lo ' co U7 ' N ' O Cl) r I- O Vc- a 0) r- M r- N (O O r cc rl- 00 L V w_10CL t- CO0 UW J I t'li: O N M ' 07 ' Q 00 (0 0) O N O ,It M (O ;T co 0') 00 O cc N V r F UZ(t) Z U) W w_10CL t- CO0 UW J 0wF.2ofp U t--Co00w m d M M DOOOp F- ►- I- w 0t 00 M M r N r• (0 Cl) v O 00 r - CN m :sJlt 6 •N N Q 00 (0 0) 07 r t(2 N W �- Cfl (LO CO M 'r U T > QU) W -V) 6 Z Lli 00 LO N c0 lx Z 0 I >m w ((C) LO (LO 0 0 `Z O C7 F- I- c 'r U T > QU) W -V) SII v) N H Z Lli Z Z J Cr U Z 0 I >m w 0 � < 0 0 `Z O C7 F- I- W > z Z c(j)> J w 'r U T > QU) W -V) > c� cr 2i 0 W < F UZ(t) Z U) W w_10CL t- CO0 UW J 0wF.2ofp U t--Co00w m d dF-::)WFW Q DOOOp F- ►- I- U) w Z coWOUwWCr ¢ pUwwWLLL Q > > L- UZQ�QZZ t— O Qin©oow 0 Cl) w F- J_ m Q O J O Q (N Q> z o 0 ¢ Z N Q Fes-- V O Q" (f) W W Q CO >:0 z 0 w zUWI-W ::) J (DZ ¢ U) O O m 0 W UU w zx Z XX w 4 Q ¢ wa} Z O :E ::) w Z W LL. -r U x �iZLL O Z _ ¢ Z m r- 0 U Efl V) 00 z (D 0 `n M U M M w 0 (n (f} (n N ' ' O U) C Z 'It O "' ti p_ M M ¢ (H (f3 (y3 N I I I f j W 00 U r- ¢ (D N m v 00 0 0 T � N ' r- O 1 N M 0) N r- 00 0c0 O N W I Cl) M U N rn z Cl) N O ¢ tt� m U W w O 0- F- U T 2 U W J J uwi Lo M N Cl) CO N (D ¢>UD>� U—Z¢ o z z O U»Z)wCa F- ¢ o 0 0 o w 0 T_ M Efl V) 00 z (D 0 `n M U M M w 0 (n (f} (n N ' ' O U) C Z 'It O "' ti p_ M M ¢ (H (f3 (y3 N I I I f j W 00 U r- ¢ (D N m v 00 0 0 T � N ' r- O 1 N M 0) O r- 00 0c0 co LO N 1l- LO I Cl) M �t v 61) 11 (ii (fi (i* 6q 1- c0 `d• ' N LO � O N 0c0 co LO L (0 I Cl) M tf) rn M Cl) N O (n tt� m U W w O 0- F- U T 2 U W J U� w 0w��a0 uwi Lo M N Cl) N c0 `d• � O o TT co LO LO O Lf) I N NI 0QO � > F- ui -j >Zz(n W w U > UQ Cl) M (n tt� m U W w O 0- F- U T 2 U W J U� w 0w��a0 uwi Lo r- N z000w� D000�0 J F- 1— C6 C6 N (D ¢>UD>� U—Z¢ o z z O ��71�p7 cr N tf) M fA M M (fl v 63 CO F- Z F- w U) z z -j W U) z 2 0 > J> Z W ¢ 0QO � > F- ui -j >Zz(n W w U > UQ } of 0 W (n W F -{n z w O (n F- m U W w O 0- F- U T 2 U W J U� w 0w��a0 uwi Hmm ¢=Q:�W U) ¢ z000w� D000�0 J F- 1— :r c/) O w z (1)W (� W W J ¢ O .►- J U w w W LW U ¢ ¢>UD>� U—Z¢ o z z F-. 0 U»Z)wCa F- ¢ o 0 0 o w 0 0 U) w h J d o J O M O Q Z O d Cn L O Q }- — M 0 U) w m LL"�zzw O 5wCDpuLLJ wi O O z U O U U w > LL W Z ~ Z O W d wo1- O :E z W z Fw- LL. 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OO N l Il V N O O C O O O O 1 rl r\ oo M co t9 t0 fes- O O Ln- O Cr c 00 N r, m r, tD m In m r, r c O O -t M m v Cc r; r v� to v. to Vs V•r 0 O V} Vf V)� to Al} v 0 V) O +' V vi to h L e1 C 0Ij C i 0 V D Q 0 0 cv C f° •V ti O v sn 75 r... a -3 C U v E v} "" E cL 'e > � H O O UC I O �, a C L ° n c) E < l cu E E> Q u u 2 w C Q. b u, W Q 'V) 4 LL == 0 J N 3 F ei N M C Ln N M -1 N M Q M I�Y LA r- Vt lA Vl l!1 N Ln N N N rti ` N N N N N N N N' N !N N 0 0 0 0 0 0 0 0 0 0 Ln 0 0 0 O N O kD N 000 O N O N O M 00 V 6 P- M aq l0 Ln V to t/? to V? V? V? VL VS t/}. V} V? 1/} VS OO O O O O O O O O O O O O O O O O O Ol O O Ln- O 00 O O O NO O O O C r r m v Cc r; vw to v� to v. to Vs V•r 0 O 0 V) vi to 0 0 0 0 C 0 N v} o c o c 0 0 C 0 O D � a C O O O O O O C O O O 0 0 O O O O O co O Ci a>- Vi n O a r` r` L('t N V1 VT V1 V1 VS V> V! VT V1 :J tJ .j N Z N u W H N M 2. O.. OJ U C = > E of X u v O Q U O C Z to n ' o on o c aCL c �n a` .c v aS z C. CL u y z ciCL > E t .y no O r U a LL �. .--i fN M d' m N M Cf O .--i N M Ln to Vt lA to M m M C' C' to L.1 V N N m M m M m C V INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION /081 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'Ithe Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: ADDRESS: 487543 rd Ave, Vero Beeach, FL Gifford Youth Achievement Center SUBJECT MATTER FOR DISCUSSION: Ordinance Change PHONE: 772.794.1005 IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F1 YES Fx I NO IS THIS AN APPEAL.,OF A DECISION F-1 YES FX NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? To change ordinance to allow alcohol to be served by caterer in GYAC building on leased county land when children are not present. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone F-1 YES FX NO Ordinance language to be developed and voted on. COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: FACounty Admin\ExecAsst\AGENDA\Public Discussion Items Form.doc 90 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Roland DeBlois, AICP; Interim Community Development Director FROM: Bill Schutt, AICP; Chief, Long Range Planning DATE: November 8, 2019 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of November 19, 2019. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: December 3, 2019 County Initiated Request to Amend the 5 Year Capital Improvements Program and Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan. [Legislative] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. 91 NA County Administrator's Matters November 19, 2019 VER CO c� G� Office of the z INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners I FROM: Jason E. Brown County Administrator DATE: November 12, 2019 SUBJECT: I Update on Discussions between County and City of Vero Beach Staff on Water and Wastewater Issues Background and Discussion The City of Vero' Beach has made a decision to move their wastewater treatment facility away from its current location on the Indian River Lagoon. During discussion, City 'Council provided direction to City staff to discuss potential partnerships with County staff. Pursuant to this direction, City Manager Monte Falls requested that the ICity's Utilities Director, Rob Bolton meet with County Utilities Director, Vincent Burke last month, and the two met to discuss potential mechanisms for the County to potentially provide services. I There were discussions about various potential partnerships. The option discussed in most detail was 'related to the County providing wastewater treatment services for the City through ', a bulk wastewater agreement where the City would retain responsibility for collection and customer service. Briefly, this scenario would involve constructing transmission lines to transport wastewater from the City of 92 Vero Beach collection system to one or more of the County's wastewater treatment facilities. Additional lines would also be constructed to transport reuse water back to the City's reuse distribution system. County staff confirmed that there was capacity today to provide treatment for the City's customer base. This arrangement would, however, utilize some of the County's existing capacity. Such capacity would need to be replaced in order to ensure that the County can provide future capacity for our own growing service area. County and City staff agreed conceptually to the concept that this cost, as well as the cost to construct the new lines and maintain the system, would need to be recovered in the bulk rate. The various costs and further details have not been developed at this time, since County staff has not received policy direction from the Board of County Commissioners regarding a potential partnership. This would take a significant amount of time and resources. Therefore, County staff is presenting this item as an update on our discussions to date in order to solicit input and direction from the Board of County Commissioners. prior to undertaking more work on this project. It should be noted that brief discussions were held regarding additional consolidation and partnership opportunities, but County staff would like to request Board direction on the larger issue of potential partnerships prior to exploring other alternatives in detail. Staff Recommendation Staff recommends that the Board of County Commissioners provide direction regarding potential partnerships for providing water, wastewater, and/or reuse water for the City of Vero Beach utility system. 93 /-�E, Departmental Matters INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET DATE: November 7, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator FROM: Kristin Daniels, Director, Office of Management and Budget SUBJECT: Final Award of RFP 2020006 Sandridge Golf Cart Fleet Replacement Financed via Interfund Loan and Early Payoff of Existing Golf Cart Fleet Interfund Loan BACKGROUND: On November 5, 2019, the Board approved the final ranking of proposals received for the replacement of the existing golf cart fleet at Sandridge Golf Club, and authorized staff to negotiate with the top ranked vendor, Yamaha Golf -Car Company. DISCUSSION: The selection committee met with a representative of Yamaha on November 6, 2019 to discuss final pricing and vehicle options. Yamaha had initially proposed both a base model per the specifications in the RFP at a per cart price of $4,085, as well as an alternate "QuieTech" cart with a quieter operating system for $4,535 per cart. During discussions, the Yamaha representative detailed additional standard features of the QuieTech cart, including an independent rear suspension. He also noted that the QuieTech cart should bring an additional $300 per cart in trade in value above the typical Yamaha gas powered cart. The committee decided with the increased value at the end of its use at Sandridge, as well as the improvements to handling and reduction in noise offered, the QuieTech cart is a good investment to enhance the player experience. Description Unit $� Quantity Base Garlt Total QuieTech T_ota� 1. Gasoline Powered Golf Cart $4,085 160 $653,600 1A. QuieTech Gasoline Powered Golf Cart $4,535 160 $725,600 2. Gasoline Powered Range Cart $8,700 1 $8,700 $8,700 3. Gasoline Powered Beverage Cart $14,800 1 $14,800 $14,800 4. Utility Cart (gasoline powered) $6,100 1 $6,100 $6,100 Trade credit for 156 2015 Yamaha Gas Carts -$436,800 -$436,800 Trade credit for 1 Gasoline Powered Range Cart -$1,500 -$1,500 Total Cost for New Fleet $244,900 $316,900 112 Departmental Matters FUNDING: Staff recommends (funding for this expense to be provided by an interfund loan from the General Fund in the amount of $316,900. While the golf course has performed well over recent years, interfund borrowing has been needed for larger cash outlays (e.g. golf carts, Lakes Course irrigation system replacement). Staff is proposing a four-year repayment period with a 3.0% interest rate. This! interest rate is higher than the yield on county investments for the quarter ending September 30, 2019 which was 2.2%, and likely less than the rate that the County would be charged if borrowing from an outside lender. This loan does not result in a subsidy from the General Fund to the Golf Course. In fact, this arrangement benefits both funds. The financial independence of the Golf Course is maintained, while the General Fund receives a higher interest rate than it is receiving on other investments currently. I Based upon the four-year term and 3.0% interest rate, annual debt service payments would equal $84,172.44 (please ,see amortization schedule attached). Due to the proposed purchase of the "QuieTech" cart, the new loan is higher than the annual debt service payment for the current fleet i of golf carts which, is $66,256.92. Staff recommends another four-year. amortization as this amount aligns with the warranty period on the carts. Therefore, this loan should be repaid before the need to replace any carts arises. Prior to acquiring the new fleet of carts, staff recommends early payoff of the remaining principal of the current balance on the 2015 Golf Cart Interfund Loan totaling $11,015.27. This early payoff satisfies the loan two months ahead of the original final maturity of January 1, 2020. Early payoff of the remaining principal will alleviate the Golf Course from incurring overlapping debt from the two cart fleets. Funding for the early payoff is available in the following account, with the increase in interest expense for the new loan being absorbed in the current budget. Account Number Account Description Budget Amount 418-207001 Golf Course/ Due to General Fund $11,015.27 RECOMMENDATION: Staff recommends the Board approve the final cart selection and purchase price as selected by the committee, and authorize the Purchasing Division to issue a Purchase Order to facilitate the fleet update. Staff also recommends the Board declare 156 carts and one range cart as surplus upon delivery of the new carts and authorize their trade in to Yamaha as indicated in the RFP. Finally, staff recommends an interfund loan from the General Fund in the amount of $316,900 to be repaid over a four-year period as shown in the attached amortization schedule and early payoff of the existing interfund loan totaling $11,015.27. ATTACHMENT: Amortization Schedule 2019 Amortization Schedule 2016 113 Golf Cart Interfund Loan 2019 1"QuieTech" Yamaha Proposal Purchase 160 Golf Carts Trade In 156 Carts - 4 -Year Loan Amount Financed: Interest Rate: Term (months): Monthly Payment: $316,900.00 3.00 48 $7,014.37 Payment Due Payment Date Principal Interest Total Payment 1 1/1/2020 $6,222.12 $792.25 $7,014.37 2 2/1/2020 $6,237.67 $776.69 $7,014.37 3 3/1/2020 $6,253.27 $761.10 $7,014.37 4 4/1/2020 $6,268.90 $745.47 $7,014.37 5 5/1/2020 $6,284.57 $729.80 $7,014.37 6 6/1/2020 $6,300.28 $714.08 $7,014.37 7 7/1/2020 $6,316.04 $698.33 $7,014.37 8 8/1/2020 $6,331.83 $682.54 $7,014.37 9 9/1/2020 $6,347.65 $666.71 $7,014.37 10 10/1/2020 $6,363.52 $650.84 $7,014.37 11 11/1/2020 $6,379.43 $634.94 $7,014.37 12 12/1/2020 $6,395.38 $618.99 $7,014.37 13 1/1/2021 $6,411.37 $603.00 $7,014.37 14 2/1/2021 $6,427.40 $586.97 $7,014.37 15 3/1/2021 $6,443.47 $570.90 $7,014.37 16 4/1/2021 $6,459.58 $554.79 $7,014.37 17 5/1/2021 $6,475.72 $538.64 $7,014.37 18 6/1/2021 $6,491.91 $522.45 $7,014.37 19 7/1/2021 $6,508.14 $506.22 $7,014.37 20 8/1/2021 $6,524.41 $489.95 $7,014.37 21 9/1/2021 $6,540.72 $473.64 $7,014.37 22 10/1/2021 $6,557.08 $457.29 $7,014.37 23 11/1/2021 $6,573.47 $440.90 $7,014.37 24 12/1/2021 $6,589.90 $424.47 $7,014.37 25 1/1/2022 $6,606.38 $407.99 $7,014.37 26 2/1/2022 $6,622.89 $391.47 $7,014.37 27 3/1/2022 $6,639.45 $374.92 $7,014.37 28 4/1/2022 $6,656.05 $358.32 $7,014.37 29 5/1/2022 $6,672.69 $341.68 $7,014.37 30 6/1/2022 $6,689.37 $325.00 $7,014.37 31 7/1/2022 $6,706.09 $308.27 $7,014.37 32 8/1/2022 $6,722.86 $291.51 $7,014.37 33 9/1/2022 $6,739.67 $274.70 $7,014.37 34 10/1/2022 $6,756.52 $257.85 $7,014.37 35 11/1/2022 $6,773.41 $240.96 $7,014.37 F:\Budget\Kristin\Golf Course\Golf Cart Interfund Loan AmortizatiP201SIf t Principal Outstanding $316,900.00 $310,677.88 $304,440.21 $298,186.94 $291,918.04 $285,633.47 $279,333.18 $273,017.15 $266,685.32 $260,337.67 $253,974.14 $247,594.71 $241,199.33 $234,787.96 $228,360.56 $221,917.09 $215,457.52 $208,981.79 $202,489.88 $195,981.74 $189,457.32 $182,916.60 $176,359.52 $169,786.05 $163,196.15 $156,589.77 $149,966.88 $143,327.43 $136,671.38 $129,998.69 $123,309.31 $116,603.22 $109,880.36 $103,140.69 $96,384.18 $89,610.77 114 11/13/2019 Golf Cart Interfund Loan 2019 "QuieTech" Yamaha Proposal____ Purchase 160 Golf Carts Trade In 156 Carts - 4 -Year Loan Amount Financed: $316,900.00 Interest Rate: 3.00% Term (months): 48 Monthly Payment:. 1 $7,014.37 F:\Budget\Kristin\Golf Course\Golf Cart Interfund Loan AmortizatiPTA t Principal Outstanding $82,820.43 $76,013.11 $69,188.77 $62,347.38 $55,488.88 $48,613.23 $41,720.40 $34,810.33 $27,882.99 $20,938.33 $13,976.30 $6,996.88 $0.00 115 11/13/2019 Payment Due Payment Date Principal Interest Total Payment 36 12/1/2022 $6,790.34 $224.03 $7,014.37 37 1/1/2023 $6,807.32 $207.05 $7,014.37 38 2/1/2023 $6,824.34 $190.03 $7,014.37 39 3/1/2023 $6,841.40 $172.97 $7,014.37 40 4/1/2023 $6,858.50 $155.87 $7,014.37 41 5/1/2023 $6,875.65 $138.72 $7,014.37 42 6/1/2023 $6,892.84 $121.53 $7,014.37 43 7/1/2023 $6,910.07 $104.30 $7,014.37 44 8/1/2023 $6,927.34 $87.03 $7,014.37 45 9/1/2023 $6,944.66 $69.71 $7,014.37 46 10/1/2023 $6,962.02 $52.35 $7,014.37 47 11/1/2023 $6,979.43 $34.94 $7,014.37 48 12/1/2023 $6,996.88 $17.49 $7,014.37 F:\Budget\Kristin\Golf Course\Golf Cart Interfund Loan AmortizatiPTA t Principal Outstanding $82,820.43 $76,013.11 $69,188.77 $62,347.38 $55,488.88 $48,613.23 $41,720.40 $34,810.33 $27,882.99 $20,938.33 $13,976.30 $6,996.88 $0.00 115 11/13/2019 Golf Cart Interfund Loan 2016 Purchase 155 Golf Carts Trade In 150 Carts to Yamaha - 4 -Year Loan Amount Financed: $254,500.00 Interest Rate: 2.00% Term (months): 48 Monthly Payment: $5,521.41 Payment Due Payment Date Principal Interest Total Payment 1 2/1/2016 $5,097.24 $424.17 $5,521.41 2 3/1/2016 $5,105.74 $415.67 $5,521.41 3 4/1/2016 $5,114.25 $407.16 $5,521.41 4 5/1/2016 $5,122.77 $398.64 $5,521.41 5 6/1/2016 $5,131.31 $390.10 $5,521.41 6 7/1/2016 $5,139.86 $381.55 $5,521.41 7 8/1/2016 $5,148.43 $372.98 $5,521.41 8 9/1/2016 $5,157.01 $364.40 $5,521.41 9 10/1/2016 $5,165.60 $355.81 $5,521.41 10 11/1/2016 $5,174.21 $347.20 $5,521.41 11 12/1/2016 $5,182.84 $338.57 $5,521.41 12 1/1/2017 $5,191.47 $329.93 $5,521.41 13 2/1/2017 $5,200.13 $321.28 $5,521.41 14 3/1/2017 $5,208.79 $312.62 $5,521.41 15 4/1/2017 $5,217.48 $303.93 $5,521.41 16 5/1/2017 $5,226.17 $295.24 $5,521.41 17 6/1/2017 $5,234.88 $286.53 $5,521.41 18 7/1/2017 $5,243.61 $277.80 $5,521.41 19 8/1/2017 $5,252.35 $269.06 $5,521.41 20 9/1/2017 $5,261.10 $260.31 $5,521.41 21 10/1/2017 $5,269.87 $251.54 $5,521.41 22 11/1/2017 $5,278.65 $242.76 $5,521.41 23 12/1/2017 $5,287.45 $233.96 $5,521.41 24 1/1/2018 $5,296.26 $225.15 $5,521.41 25 2/1/2018 $5,305.09 $216.32 $5,521.41 26 3/1/2018 $5,313.93 $207.48 $5,521.41 27 4/1/2018 $5,322.79 $198.62 $5,521.41 28 5/1/2018 $5,331.66 $189.75 $5,521.41 29 6/1/2018 $5,340.54 $180.87 $5,521.41 30 7/1/2018 $5,349.44 $171.96 $5,521.41 31 8/1/2018 $5,358.36 $163.05 $5,521.41 32 9/1/2018 $5,367.29 $154.12 $5,521.41 33 10/1/2018 $5,376.24 $145.17 $5,521.41 34 11/1/2018 $5,385.20 $136.21 $5,521.41 35 12/1/2018 $5,394.17 $127.24 $5,521.41 36 1/1/2019 $5,403.16 $118.25 $5,521.41 Principal Outstanding $254,500.00 $249,402.76 $244,297.02 $239,182.77 $234,060.00 $228,928.69 $223,788.83 $218,640.40 $213,483.40 $208,317.79 $203,143.58 $197,960.74 $192,769.27 $187,569.14 $182,360.35 $177,142.87 $171,916.70 $166,681.82 $161,438.22 $156,185.87 $150,924.77 $145,654.90 $140,376.25 $135,088.80 $129,792.54 $124,487.46 $119,173.53 $113,850.74 $108,519.08 $103,178.54 $97,829.09 $92,470.73 $87,103.44 $81,727.20 $76,342.01 $70,947.84 $65,544.67 draft 116 F:\Budget\Jason\GOLF\Golf Cart Interfund Loan Amortization 201 11/13/2019 Golf Cart Interfund Loan 2016 Purchase 155 Golf Carts Trade In 150 Carts to Yamaha - 4 -Year Loan Amount Financed: $254,500.00 Interest Rate: 2.00% Term (months): I 48 Monthly Payment:) $5,521.41 Payment Due Principal Payment Date Principal Interest Total Payment Outstanding 37 2/1/2019 $5,412.17 $109.24 $5,521.41 $60,132.50 38 3/1/2019 $5,421.19 $100.22 $5,521.41 $54,711.32 39 4/1/2019 $5,430.22 $91.19 $5,521.41 $49,281.09 40 5/1/2019 $5,439.27 $82.14 $5,521.41 $43,841.82 41 6/1/2019 $5,448.34 $73.07 $5,521.41 $38,393.48 42 7/1/2019 $5,457.42 $63.99 $5,521.41 $32,936.06 43 8/1/2019 $5,466.52 $54.89 $5,521.41 $27,469.54 44 9/1/2019 $5,475.63 $45.78 $5,521.41 $21,993.92 45 10/1/2019 $5,484.75 $36.66 $5,521.41 $16,509.17 46 11/1/2019 $5,493.89 $27.52 $5,521.41 $11,015.27 47 12/1/2019 $5,503.05 $18.36 $5,521.41 $5,512.22 48 1/1/2 I 020 $5,512.22 $9.19 $5,521.41 $0.00 graft 117 F:\Budget\Jason\GOLF\Golf Cart Interfund Loan Amortization 201 11/13/2019 /ac/ Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: November 12, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: Biosolids Rule Making Commentsfor Chapter 62-640 Florida Administrative Code Background/Analysis: The Florida Department of Environmental Protection (FDEP) is conducting rule making for Chapter 62-640 Florida Administrative Code (FAC) to address recommended actions of the Biosolids Technical Advisory Committee (TAC) following their review of management practices and potential nutrient impacts related to the land application of Class B biosolids. The FDEP solicited input from stakeholders and subject matter experts and asked that comments be submitted by July 29 2019. Staff brought a departmental agenda item to the Board of County Commissioners (BCC) on July 16, 2019, and were directed to submit the comments to the FDEP. In other meetings with FDEP personnel, staff was verbally informed that, due to the voluminous comments received by stakeholders, the proposed rule would more than likely undergo another round of comments. However, that has not happened, and the FDEP has now issued the rule, which has some, but not all, of the comments requested by staff or other municipalities, such as Martin and St. Lucie County. On October 29, 2019, the FDEP published a notification of rule change and sent out an email notification to all interested parties (Attachment 1). The email summarized the rule changes and indicated that this new rule (Attachment 2) will require legislative ratification based on the statement of economic costs. Included with the proposed rule was a Statement of Estimated Regulatory Costs (SERC) - Attachment 3. As noted in the proposed rule: Any person who wishes to provide information regarding a statement of estimated regulatory costs or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. Comments are therefore due to the FDEP on or before November 19, 2019. A link to the rule and submittal portal can be found here: httpss://www.firules.org/gateway/View Notice.asp?id=22546212 F:\Utilities\UTfLITY - Enginee ring\WASTEWATER\Biosolids- Blue Cypress lake\Admin\19-1119 BCC Meeting\Agenda- Page 1 of 3 Biosolids updated rule 62-640 11_12_2019.docx 118 The FDEP's summary of proposed revisions to Chapter 62-640 Florida Administrative Code (FAC) are as follows: • Existing sites - revisions apply at permit renewal or within 3 years [100(5)(f) -0J] • All biosolids applications "projects of heightened public interest" [300(3)(d)] • All biosolids site enroll in an FDACS Best Management Practices (BMP) Program [300(3)(g)] • Nutrient management plan (NMP) major revisions 0 Compliance with Basin Management Action Plans [500(5)(c)] o Revisions to the determination of application rates [500(5)(1)] - Most limiting nutrient, Nitrogen (N) or Phosphorous (P), unless permittee can provide reasonable assurance [500(5)(1)] - Table of recommended N and P rates for crops with using biosolids [500(5)(i)1] - Soil phosphorus storage "capacity index" required [500(5)(1)4] - Bios'olids Water Extractable Phosphorous (PWEP) required [500(5)(i)6] - Adjustments of P allowed if positive capacity index and low WEP [500(5)(i)7] - If N -based application rate, can only adjust N by a factor of 1.5 [500(5)(1)8] - Septage-specific application rates [500(5)(f)10] - Review NMP annually, revise if appropriate [500(8)] - Require annual soil fertility monitoring using IFAS "Phosphorus Index" test that provides "capacity index" [500(5)(e) and 650(3)(b)1] • Require biosolids water extractable phosphorus (WEP) monitoring; site ground water monitoring and surface water monitoring [650(3)(a)1, 650(3)(a)3, 650(3)(c), and 650(3)(d)] • Prohibit land application where the seasonal high water table is within 15 cm of soil surface (or depth of biosolids placement). [700(10)] • Septage changes (delete flows, pathogen reduction and vector attraction reduction, staffing) [100(5)(c), 600(2)(b) and (c), 880(2)012] Staff has reviewed and has the following comments based on the proposed rule (Attachment 4). Staff has been informed that it is likely that the draft rule may not change from its current version, and thus staff presents the top 5 concerns as the rule is written now: 1. Existing land application sites can remain grandfathered in under the current rule for up to three years (based on permit expiration dates) before they need to abide by the items in this rule. This timeframe could potentially allow for a considerable amount of excess Nitrogen and Phosphorus applied to lands before they are required to adhere to the new rule application rates. 2. Nitrogen, Phosphorus, pH, and Fecal coliform are included in quarterly groundwater monitoring only if the application rates trip a certain threshold (revised from 400 lbs of Plant Available Nitrogen annually to 160 lbs of Total Nitrogen annually). Biosolids are suspected of containing additional pollutants that could create or contribute to water quality issues. Soil Fertility tests are required to be run annually and covered in the Nutrient Management Plan (NMP), but not at a specified time (it should be prior to any application). This issue could lead to an annual test showing one thing, while approved applications rates show another due to the time differential. Additionally, Water Extractable Phosphorus (WEP) values can vary significantly based on wastewater plant operations. Biosolids generator facilities should be required to test for WEP as well as all parameters identified in 62-640.650(3)(a)3 should they enact a process change, F:\Utilities\UTILITY - Engineering\WASTEWATER\Biosolids- Blue Cypress Lake\Admin\19-1119 BCC Meeting\Agenda-Biosolids Updated Rule f7n 640 11_12_2019. Docx l l y or the plant suffer an upset or pass-through episode. Biosolids application rates should be based on the most recent data available from the Biosolids generating facility and not necessarily what was included in the last NMP revision submitted to the Department in accordance with permit requirements. 4. Permanent !monitoring wells or piezometers used for water level measurements and groundwater monitoringlshould be identified in the NMP, with Water Levels being collected and documented prior to land application in accordance with application rules. This will allow for FDEP inspections to take place at facilities and verify, through reproducible measurements, field conditions. 5. The new Rule does take into account some of the comments made by Indian River County or other stakeholders, but along with our comments and the changes identified in the proposed rule, there appears to be considerably more resources required by the Department to verify compliance with the new rule and its requirements. The Department's SERC document indicated that this revised rule is not expected to require any additional time or resources from the Department. Recommendation: Staff has prepared this agenda items as an informational update to the Board of County Commissioners (BCC). The BCC can direct staff to submit this list (or modify the list with additional comments) to be submitted to the Florida Department of Environmental Protection regarding Chapter 62-640 Florida Administrative Code Eby close of business on November 19, 2019. Attachments: 1. FDEP Email notification regarding proposed rule 2. FDEP Notice of Proposed Rule 3. Statement of Estimated Regulatory Costs (SERC) 4. Staff Comments on 2nd version of Draft Rule changes for 62-640 FAC F:\Utilities\UTILITY - Eng! need n \WASTEWATER\Biosolids- Blue Cypress Lake\Admin\19-1119 BCC Meeting\Agenda-Biosolids Updated Rufjj2s 640 11_12_2019. Docx 1 L V Attachment 1 From: Florida Department of Environmental Protection <FloridaDEP@public.govdelivery.com> Sent: Tuesday, October 29, 2019 9:11 AM To: Vincent Burke Subject: Florida Department of Environmental Protection 62-640, F.A.C., Rulemaking and Biosolids Technical Advisory Committee Update You are subscribed to 62-640, F.A.C., Rulemaking and Biosolids Technical Advisory Committee for Florida Department of Environmental Protection. This information has recently been updated, and is now. available. Water quality and the improvement of water resources in Florida are a key priority for the Florida Department of Environmental Protection. As such, the Department is proposing amendments to Ch. 62-640, F.A.C. The rule represents the Departments commitment to science -based processes, by recommending changes to biosolids regulations to minizine the migration of nutrients, specifically phosphorus, to prevent impairment to waterbodies. Biosolid Technical Advisory Committee In 2018, the Department created a Biosolids Technical Advisory Committee (TAC) to evaluate current management practices and explore opportunities to better protect Florida's water resources. The TAC members represent stakeholders from all arenas including environmental and agricultural industry experts, large and small utilities, waste haulers, consultants and academics. The TAC convened on four occasions from September 2018 to January 2019 and discussed the following: • What are the current options for biosolids management in the state? • Are there better ways to manage biosolids to improve the protection of our water resources? • What research is needed to improve biosolid management? The meetings included presentations related to biosolid management and regulations, water quality, innovative technologies and research. Each public meeting included open public comment, as well as discussion among the TAC members, the audience and the Department. Based on the deliberations of the TAC and feedback from public participants, the following actions were recommended: Permit biosolids in a manner that minimizes migration of nutrients to prevent impairment to waterbodies. The Department should modify current permitting rules to: o Establish the rate of biosolids application based on site specifics, such as soil characteristics/adsorption capacity, water table, hydrogeology, site use, distance to surface water. This would better prevent nutrient pollution offsite; o Evaluate the percentage of water extractable phosphorus in all biosolids to inform the appropriate application rate; and o Establish criteria for low, medium and high-risk sites that guide application practices and required water quality monitoring. Increase the inspection rate of land application. 121 Develop site specific groundwater and/or surface water monitoring protocols to detect nutrient migration. Develop and conduct biosolid and nutrient management research on nutrient run-off through surface and groundwater flow. o This should be done with various application rates, various types biosolid application and different geologic conditions. Promote innovative technology pilot projects for biosolids processing that could provide a wider range of beneficial end products. The TAC disbanded on January 23, 2019. Chapter 62-640 Rule Development On March 22, 2019, the Department published the Notice of Rule Development to amend chapter 62-640, F.A.C. Rule development workshops were held in Tallahassee (June 25), Orlando (June 26), and West Palm Beach (June 27), where the Department provided an overview of rule changes and accepted public comment. The workshops were also available via webinar. Links to the webinar recordings and information regarding the rulemaking may be Ifound on our website. The Department published the Notice of Proposed Rule and the Statement of Estimated Regulatory Cost on October 29, 2019 (attached). Based on the findings of the Statement of Estimated Regulatory Costs, the rule will require legislative ratification, which is supported by the Governor's water quality improvement legislation as announced on October 16, 2019. The proposed revisions to Ch. 62-640, F.A.C., include: • Existing sites —revisions apply at permit renewal or within') years [100(5)0-(j)] • All biosolids applications "projects of heightened public interest" [300(3)(d)] • All biosolids site enroll in an FDACS Best Management Practices (BMP) Program [300(3)(g)] • Nutrient management plan (NMP) major revisions o Compliance with Basin Management Action Plans [500(5)(c)] o Revisions to the determination of application rates [500(5)(i)] ■ Most limiting nutrient, Nitrogen (N) or Phosphorous (P), unless permittee can provide reasonable assurance [500(5)(i)] ■ Table of recommended N and P rates for crops with using biosolids [500(5)(i)1] ■ Soil phosphorus storage "capacity index" required [500(5)(i)4] ■ Biosolids %Water Extractable Phosphorous (PWEP) required [500(5)(i)6] ■ Adjustments of P allowed if positive capacity index and low %WEP [500(5)(i)7] ■ If N -based application rate, can only adjust N by a factor of 1.5 [500(5)(1)8] ■ Septage-specific application rates [500(5)010] ■ Review NMP annually, revise if appropriate [500(8)] ■ Require annual soil fertility monitoring using IFAS "Phosphorus Index" test that provides "capacity index" [500(5)(e) and 650(3)(b)1] • Require biosolids water extractable phosphorus (WEP) monitoring; site ground water monitoring and surface water monitoring [650(3)(a)1, 650(3)(a)3, 650(3)(c), and 650(3)(d)] • Prohibit land application where the seasonal high water table is within 15 cm of soil surface (or depth of biosolids placement). [700(10)] 122 Septage changes (delete flows, pathogen reduction and vector attraction reduction, staffing) [100(5) (c), 600(2) (b) and (c), 880(2) (j)2] • 62-640 SERC.pdf `qP q£RARt�f 4a yr 4 � SUBSCRIBER SERVICES: o Manage Preferences I Delete Profile I Help �04,�eNTAt QAC 4` This email was sent using GovDelivery Communications Cloud on behalf of. Florida Department of Environmental Protection • 3900 Commonwealth Boulevard - Tallahassee, FL 32399-3000 850.245.2118, 123 Notice of Proposed Rule DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management RULE NOS.:RULE', TITLES: 62-640.100 Scope, Intent, Purpose, and Applicability 62-640.200 Definitions 62-640.210 General Technical Guidance and Forms 62-640.300 General Requirements 62-640.500 Nutrient Management Plan (NMP) 62-640.600 Pathogen Reduction and Vector Attraction Reduction 62-640.650 Monitoring, Record Keeping, Reporting, and Notification 62-640.700 Requirements for Land Application of Class AA, A, and B Biosolids 62-640.800 Additional Requirements for Land Application at Reclamation Sites 62-640.850 Distribution and Marketing of - Class AA Biosolids 62-640.880 Additional Requirements Related to Biosolids Treatment Facilities PURPOSE AND EFFECT: The Department is developing amendments to Chapter 62-640, F.A.C., to ensure the proper management, use and land application of biosolids to protect waters of the state from nutrient pollution and in a manner that minimizes the migration of nutrients to prevent the impairment of waterbodies. The Department is proposing to amend the permitting rules to establish the rate of biosolids application based on biosolids characteristics and site-specific conditions, such as soil characteristics, water table, hydrogeology, site use, distance to surface water, in order to prevent nutrient pollution offsite. The rule revisions would allow the Department to better evaluate phosphorus characteristics in all biosolids to inform decisions as to the appropriate application rate; and will establish criteria for low, medium and high-risk sites that guide application practices and required water quality monitoring. Rule revisions would also require site specific groundwater and/ or surface water monitoring plans to detect nutrient migration. SUMMARY: Proposed amendments to Florida Administrative Code Chapter 62-640, entitled Biosolids, which regulates and ensures the proper management, use and land application of biosolids to protect public health and the environment, were developed to revise the monitoring and permitting criteria for the land application and management of biosolids, as well as in response to the deliberations and recommendations of the Biosolids Technical Advisory Committee to better address nutrient concerns. OTHER RULES INCORPORATING THESE RULES: 62-160.120, 62-160.3005 62-302.300, 62-600.200, 62-600.550, 62-600.740, 62-699.2005 62-625.420, 62-709.3005 62-610.300, 62-620.200, 62-620.310, 62-620.630, 62-340.700, 62-610.300, 62-620.350, 62-620.620, and 62- 521.400. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION: The agency has determined that this rule will have an impact on small business or likely increase directly or indirectly regulatory cost in excess of $200,000 in the aggregate within one year after implementation of the rule. A SERC has been prepared by the agency. The Agency has determined that the proposed rule is expected to require legislative ratification based on the statement of estimated regulatory costs. Any person who wishes to provide information regarding a statement of estimated regulatory costs or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. RULEMAKING AUTHORITY 373.043,403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707, FS. LAW IMPLEMENTED: 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. A HEARING WILL BE HELD BEFORE THE ENVIRONMENTAL REGULATION COMMISSION AT A TIME, DATE AND PLACE THAT WILL BE NOTICED IN A FUTURE VOLUME OF THE FLORIDA ADMINISTRATIVE REGISTER. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by 124 contacting: Maurice Barker, Senior Program Analyst, Division of Water Resource Management, (850) 245-8614 or by email at Maurice.Barker(i ,dep.state.fl.us. If you are hearing or speech impaired, please contact the agency by using the Florida Relay Service, 1 (800) 955-8771 (TDD) or 1 (800) 955-8770 (Voice). THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Maurice Barker, Senior Program Analyst, Division of Water Resource Management, MS 3540, 2600 Blair Stone Road, Tallahassee, FL 32399, (850)245-8614 or by email at Maurice.Barker@dep.state.fl.us. I THE FULL TEXT OF THE PROPOSED RULE IS: 62-640.100 Scope, Intent, Purpose, and Applicability. (1) through (4) No change. (5) Applicability. (a) Requirements in this chapter shall apply to domestic wastewater treatment facilities and biosolids management facilities that generate, treat, or manage biosolids. (b) Requirements in this chapter shall also apply to appliers or distributors of biosolids or biosolids products, and to owners or operators of application sites which receive biosolids. (c) Unless specifically provided otherwise in this chapter, requirements in this chapter shall apply to all septage management facilities that treat more than 10,000 gall ns peF .]ay f athly aver -age dail , rlewor- Faer-e tha 20,000 gallens in a single daly, and that apply septage to agricultural sites or reclamation sites. Requirements in this chapter shall also apply to appliers of septage, and to operators or owners of an agricultural site or reclamation site which receive septage from facilities permitted under this chapter. (d) Unless specifically provided otherwise in this chapter, requirements in this chapter that apply to biosolids shall also apply to septage from facilities regulated by the Department; to products derived from such septage, biosolids, or combinations thereof, and to the products and treated material from biosolids treatment facilities and septage management facilities regulated by the Department. (e) Unless specifically provided otherwise in this chapter, requirements in this chapter shall apply to composting facilities, as defined by this chapter, which use yard trash, wood chips, or similar bulking agents, and apply the resulting compost to land or distribute and market the resulting compost. (f) Facilities and biosolids application sites which have submitted a complete wastewater or biosolids site permit application, of which have received an initial permit before August 29 201 (effective date of the rule), are considered to be existing facilities and existing sites and shall meet the requirements of this chapter in accordance with paragraphs (g) and (h), below. (g) Unless specifically provided otherwise in this chapter such as water extractable phosphorus monitoring in subsection 62-640.650(3), F.A.C„ existing domestic wastewater treatment facilities, biosolids treatment facilities, and septage management facilities in Florida shall comply with the requirements of this chapter at the time of renewal of the wastewater permit. To f4eilitate the transition to land application site p@fmits, for- those wastew faeility pemi;its ;:eme-4.ved- between August 29, 2010 and jafmai=y 1, 2013, the Pepaftmen4 shall inelude eemplianee sehedeles to achieve eamplianee with the laod applieation site per-Faitting fequir-ements inelud@d in Rules 62 640.399 62 640.500 62 640.659 62 640.700 F.A.C., by no later than Ianuaf. , 2013. Any suc-nzeneod permits shall eentain eenditiEms for- the land applioation of bieselids based on the pr-evisions of Chapter- 62 640, F. ., as- PFoteetiefi, Domestic Wastewater- Seetion, M.S. 3540, 2600 Blair- Stene Read, Tallahassee, Fler-ida 32399 2400, of any of the I ' (h) Existing biosolids application sites, whether permitted individually or under a domestic wastewater treatment facility, biosolids treatment facility, or septage management facility permit in accordance with subparagraph 62-640.300(3)(a)2, F.A.C. shall meet the requirements of this chapter at the time of renewal of the biosolids application site permit or facility permit, but no later than within three years of (effective date of the rule). Regardless of paragraph (g), abov@, no later- than Jamlaff 1, 2013, all 4:4eilities that ]And apply bieselids shall use (i) After- an applieation site is pefmiaed, inanagement and applieatien of biOsOlids at thO sitO Shall be iH 125 aeeer-danee with the application site peFFnit, whieh supersedes the site managefneiA and appheation feqttir-em@nts 0 Biosolids or biosolids products which are generated outside of Florida but imported to Florida are subject to the provisions of this chapter beginning (effective date of therulel n,ug*st Li)(k-) Requirements in this chapter do not apply to the treatment, management, or disposal of industrial sludges, septage, or residuals resulting from industrial wastewater treatment except as provided for in paragraphs 62- 640.100(6)(0 and 62-640.880(2)(c), F.A.C. (6) Other Applicable Rules. (a) Biosolids land application shall be in accordance with basin management action plans BMAPs) adopted in accordance with Sections 403.067(7), and 373.807, F.S. fiaoilities that treat 10,000 da�, E)r- less en a menthly aver -age daily flew basis and no mefe than 20,000 galleas in a single day afe fegulated by the Pepai4m@at of HeAh in aecer-dance with Ghapt@r- 64E 6, F.A.G. Land applioatiefl of s@ptago treated by th@s@ F.A.C. (b) through (h) No change. Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History -New 8-12-90, Formerly 17-640.100, Amended 3-30-98, 8-29-10,_ 62-640.200 Definitions. Terms used in this chapter shall have the meaning specified below. The meaning of any term not defined below may be taken from definitions in other rules of the Department. (1) through (8) No change. (9) "Capacity Index" means a measure of the capacity of soil to store phosphorus which is determined using soil test Mehlich-3 extraction results for phosphorus, iron, and aluminum in the following equation:. aLffes� �aall°est�e 5•aaest1� C acet r Inde. (CI)= f1.1— 1 5.6¢ 31 saiffesffe Sef", EFest�A�L56� 27 (9) through (17) renumbered (10) through (18) No change. (18) "Existing applioation site" means a site approved for land appliea4ien or- land molamation in a wastoNator faeility pefmit aetive en August 29, 2010 or- ineluded in a eempl@t@ pefmit applieation submitted b@fer-e August , 201& (19) through (32) No change. (33) "Percent Water Extractable Phosphorus" (PWEP) means the percentage of phosphorus that is water extractable in a biosolids sample. PWEP is equal to water extractable phosphorus (WEP) given in % dry weight basis, divided by total phosphorus (TP) given in % dry weight basis. (33) through (40) renumbered (34) through (41) No change (42) "Seasonal high water" means the elevation to which the ground and surface water can be expected to rise due to a normal wet season. 4L)(44-) "Septage" means a mixture of sludge, fatty materials, human feces, and wastewater removed during pumping of an onsite sewage treatment and disposal system. Excluded from this definition are the contents of portable toilets, holding tanks, and grease interceptors. 44 "Septage management facility" means a stationary facility that treats only domestic septage or combinations of domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application.r-@gulated by the P@partment are as deseribed (43) through (48) renumbered (45) through (50) No change. 51 "Water table" means the upper surface of the zone of saturation where the body of ground water is not confined by an overlying impermeable zone g -,u d ;tvrpal to atmesphef e r@, exGept that surfaee is for -mod by an imp@ri n@able stratum. 5�2 (59) "Waters" means those waters defined in Section 403.031, F. S. 126 SLS "Yard trash" means vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees, and tree stumps. Rulemaking Authoritv 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.200, Amended 3-30-98, 8-29-1OL. 62-640.210 General Technical Guidance and Forms. (1) Unless specifically referenced elsewhere in this chapter, the following publications are listed for informational purposes as technical guidance to assist facilities, appliers, distributors and marketers, site managers, and site owners in meeting the requirements of this chapter. Publications or portions of publications containing enforceable criteria are specifically referenced elsewhere in this chapter. Information in the publications listed below does not supersede the specific requirements of this chapter. Members of the public may request and obtain copies of the publications listed below by contacting the appropriate publisher at the address indicated. Copies of the publications are on file and available for review during normal business hours at the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 and in the Department's district and branch offices. (a) U.S. Environmental Protection Agency, 1995, Process Design Manual for Land Application of Sewage Sludge and Domestic Septage, EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov. (b) Title 40, Code of Federal Regulations, Protection of Environment, 1993, Part 503, "Standards for the Use and Disposal of Sewage Sludge," revised as of October 22, 2015 ^ -4 0ter and effective on December 15, 2015 April 25, 2007, www.gpoaccess.gov/cfr/index.html. (c) through (k) No change. (1) USDA Natural Resources Conservation Service, 20129, "General Manual, Title 190, Part 402 — Nutrient Management," USDA-NRCS, Washington, DC, www.nres.usda.gov/technical. (m) USDA Natural Resources Conservation Service — Florida, 20127, "Field Office Technical Guide — Nutrient Management, Code 590", USDA-NRCS-FL, Gainesville, Florida, www.fl.nres.usda.gov/technical. (n) USDA Natural Resources Conservation Service — Florida, 20182004, "Field Office Technical Guide — Waste Utilization, Code 633," USDA-NRCS-FL, Gainesville, Florida, www.fl.nres.usda.gov/technical. (o) Kidder, G. and R.D. Rhue, 2003, "Soil Testing," UF/IFAS Circular 239, http://edis.ifas.ufl.edu/SS156. (p) Mylavarapu; R.S. and E.D. Kennelley 2009, "Extension Soil Testing Laboratory (ESTL) Analytical Procedure and Training Manual," UF/IFAS Circular 1248, http://edis.ifas.ufl.edu/SS312. (a) Kleinman, P., D. Sullivan, A. Wolf, R. Brandt, Z. Dou, H. Elliott, J. Kovar, A. Leytem, R. Maguire P. Moore, L. Saporito, A. ShMley, A. Shober, T. Sims, J. Toth, G. Toor, H. Zhang, T. Zhang. 2007. "Selection of a Water Extractable Phosphorus Test for Manures and Biosolids as an Indicator of Runoff Loss Potential," Journal of Environmental Quality 36: 1357-1367, https://dI.sciencesocieties.org/publications/jeq (r) Wolf, A.M., P.A. Moor, P.J.A.. Kleinman, D.M. Sullivan, 2009. "Water -Extractable Phosphorus in Animal Manure and Biosolids," Methods of Phosphorus Analysis for Soils, Sediments, Residuals and Waters Second Edition, Souther Cooperative Series Bulletin, P76-80, https://sera17dotorg.files.wordpress.com/2015/02/sera-l7- methods-for-p-2009..pdf. (2) Forms. The forms and instructions used by the Department are listed in this rule. The rule numbers are the same as the form numbers. Copies of these forms and instructions may be obtained by writing to the Bureau of Wastewater Facilities, M.S. 3535, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In addition, these forms are available at the Department's District Offices and from the web site for the Department's Division of Water Resource Management at www.dep.state.fl.us/water. The monitoring information reported on the forms listed below may be submitted in another format, such as electronic, if requested by the permittee and if approved by the Department as being compatible with data entry into the Department's computer system. The Department adopts and incorporates by reference in this section the following forms and instructions: (a) Treatment Facility Biosolids Plan, Form 62-640.210(2)(a), effective (effective date of the rule).August 29, 127 2410, http://www.flrules.oriz/Gateway/reference.asp?No=Ref-XXXXX. (b) Treatment Facility Biosolids Annual Summary, Form 62-640.210(2)(b), effective (effective date of the rule)Ati, 9 http://www.flrules.or&/Gateway/reference.asp?No=Ref-XXXXX. (c) Biosolids Application Site Annual Summary, Form 62-640.210(2)(c), effective (effective date of the http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. (d) Biosolids Site Permit Application, Form 62-640.210(2)(d), effective effective date of the rule , 24W, http://www.flrules.org/Gateway/reference.asi)?No=Ref-XXXXX. (e) Biosolids Application Site Log, Form 62-640.210(2)(e), effective (effective date of the rule)�s�T W0 2 -http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History -New 8-12-90, Formerly 17-640.210, A'I ended 3-30-98, 8-29-10� 62-640.300 General Requirements. (1) Facilities that receive or generate biosolids shall have a valid Department permit prior to treatment, land application, distribution and marketing, or disposal of biosolids. Treatment (Facility permits shall specify the use or disposal of the facility's biosolids. Biosolids shall be managed in accordance with the facility permit and the requirements of this chapter. (2) Treatment Facility Permit for Facilities that Land Apply Biosolids. (a) The permit fora facility that provides final treatment of land applied biosolids shall identify each permitted biosolids application site where the facility's biosolids are to be land applied. (b) The Treatment Facility Biosolids Plan, Form 62-640.210(2)(a), effective (effective date of the rule)Aug+tst 29, 2810, hereby adopted and incorporated by reference, shall be submitted with the permit application to identify sites where the facility's biosolids are permitted to be land applied. This form is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices. (c) To use an alternate permitted application site not identified on the submitted Treatment Facility Biosolids Plan, Form 62-640.210(2)(a), the treatment facility shall notify the Department before beginning biosolids application at the application site and submit the applicable revised portions of the Treatment Facility Biosolids Plan, Form 62-640.210(2)(a), to the Department within 30 days. The revised portion of the Treatment Facility Biosolids Plan, Form 62-640.210(2)(a), shall become part of the treatment facility permit. (3) Biosolids Application Site Permit. (a) through (b) No change (c) Applicants for a permitted biosolids application site shall submit the Biosolids Site Permit Application, Form 62-640.210(2)(d), effective effective date of the rule , http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX hereby adopted and incorporated by reference, the applicable fee, and supporting documentation to the appropriate District Office of the Department or delegated local program responsible for the geographic area in which the application site is located. This form is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices. 1. If permitted individually, the fee shall be the Type III biosolids management facility fee specified in sub - subparagraph 62-4.050(4)(b)2.c., F.A.C. 2. If permitted in a wastewater treatment facility, biosolids treatment facility, or septage management facility permit, the Biosolids Site Permit Application, Form 62-640.210(2)(d), shall be submitted with the facility's application for a new permit, permit renewal, or substantial modification to the permit. No additional fee will be charged beyond the fee required for the facility's application for a new permit, permit renewal, or substantial modification to the permit. (d) All biosolids application site permit applications shall be considered projects of heightened public interest in accordance with subsection 62-110.106(6), F.A.C., and subparagraph 62-110.106(7)(a)1. F.A.C. LeM The following shall require a minor permit modification through the procedures provided in subsection 62-620.325(2), F.A.C.: 128 1. Expansions or changes to the physical boundaries of the application areas of a permitted application site that encompass areas not addressed in the site permit and NMP, or 2. Changes to the agricultural operations at the application site, such as a change in crops or management practices, that will result in increased nutrient loading or application rates not addressed in the NMP. A revised NMP shall be submitted with the minor permit revision application. �f (e) New application sites shall be permitted prior to use. Existing applioation sites shall be pm fitted prior- to applying bieselids fFem faeilities required to use a permitted site in aeoerdanee with subseetien 62 , F.A.G. All @iiSti3gapp eatien sites shall rb@ p criitteaziv�lxter- than Tuxraar5z, 2013, (g) All permited biosolids land avplication sites shall be enrolled in the Florida Department of Agriculture and Consumer Services (FDACS) Best Management Practices (BMP) Program or be within an agricultural operation enrolled in the FDACS BMP Program for the applicable commodity type. (4) No change Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.300, Amended 3-30-98, 8-29-10� 62-640.500 Nutrient Management Plan (NMP). (1) A site-specific NMP shall be submitted to the Department with the permit application for an agricultural site. For sites enrolled and participating in a Florida Department of Agriculture and Consumer Services (FDACS) Best Management Practices (BMP) program, a conservation plan or NMP prepared for the purposes of the BMP can be submitted as the site-specific NMP if the plan meets the NMP requirements given in subsections (4) through Q(8), below. (2) USDA-NRCS'Florida Field Office Technical Guide — Nutrient Management, Code 590, November 20128epteffiber_0W, listed in paragraph 62-640.210(1)(m), F.A.C., is available to provide technical guidance in the preparation of NMPs from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road; Tallahassee, Florida 32399-2400 or any of the Department's District Offices. (3) The NMP shall be prepared and signed by a person certified by the NRCS for nutrient management planning or prepared, signed and; sealed by a professional engineer licensed in the State of Florida. (4) The NMP shall' identify each application zone to be used at the site as identified in the Biosolids Site Permit Application, Form 62-640.210(2)(d). Application zones shall be sized to facilitate accurate accounting of nutrient and pollutant loadings and shall be in accordance with Rule 62-640.700, F.A.C., as applicable for the class(es) of biosolids that will be applied to the site. (5) The NMP shall meet the requirements of this chapter and shall: (a) Include aerial site photograph(s)/imagery or site map(s), and a soil survey map of the site; (b) Include guidance for NMP implementation, site operation, maintenance, and recordkeeping; (c) Include a description of how the NMP complies with any applicable basin management action plans (BMAPs) adopted under Sections 403.067(7), and 373.807, F.S. (d)(e) Include results of soil, water, plant tissue, and biosolids analyses, as applicable. The soil fertility testing used to develop the NMP shall be less than one year old; Lem Specify Ider>t�y the frequency interval for soil fertility testing. The interval shall be at least once annually eveFy five years with eonsideFation fer fnere ffequent testing if iner-eas@s in soil phosphopas le,,,els are ; (f) Establish specific rates of application of biosolids based on nitrogen and phosphorus as well as procedures to land apply biosolids a4 all other nutrient sources to each application zone The NMP shall address application rates for the period covered by the effective and expiration dates of the biosolids site permit at a minimum The final rate of biosolids to be applied to an application zone shall be not exceed either of the nitrogen -based rate or the phosphorus -based rate (i.e the rate is limited to the more restrictive of the two nutrient -based rated unless the applicant can provide reasonable assurance that applying at a higher rate is protective of water quality. As part of establishing the nitrogen and phosphorus -based application rates, the NMP shall include the following items 1. The NMP shall identify the recommended crop nutrient needs for nitrogen and phosphorus (i.e. crop nutrient demand) for the crops to be grown on each application zone based on IFAS recommendations or using the following values as a guide, 129 Crop Nitrogen Phosphorus P2O5) Forage Crops (per active growing season) Improved perennial grasses (i.e. maintenance fertilization of established pastures/ha fid grazed 160 40 hay or silage (assuming 4 harvests) 320 80 Cool season annualrg asses (e.g., grazed smallrag ins, ryegrass, fescue) 160 80 Warm season annualrg asses (e.g., sorghum-sudan hybrid or pearl millet) grazed 160 40 3. The NMP shall include realistic annual yield goals for each crop identified for each application zone, if applicable. 4. The NMP shall include the soil phosphorus storage "capacity index" (CIl and soil phosphorus results from 6. The NMP shall include the percent water extractable phosphorus (PWEP) of each anticipated biosolids source (permittees may use a weighted average or estimated weighted average when biosolids applied to an application zone will be from multiple sources), 7. The crop nutrient needs for phosphorus may be adjusted as given in a. and b. below, based on the soil phosphorus storage_ cap city index and the biosolids percent water extractable phosphorus when determining biosolids application rates. a. When the percent water extractable phophorus of biosolids is less than 14%, one of the following may be used: (I) When the soil phosphorus storage capacity index for an application zone is greater than 40 mg/kg, the water extractable phosphorus value for the biosolids being applied may be used to adjust the amount of phosphorus aqpplied. (II) When the soil phosphorus storage capacity index is at least 20 mg/kg and up to 40 mg/kg, the amount of to adiust the (IV) When the soil phosphorus capacity index is less than 0 mg/kg, the amount of phosphorus shall not be adiusted. b. When the percent water extractable phosphorus of biosolids is 14% or greater, the amount of phosphorus shall not be adiustedlunless the the soil phosphorus storage capacity index is greater than 40 mg/kg, in which case the amount of phosphorus may be increased by 50 percent. 8. When considering the availability of nitrogen in biosolids, once the amount of plant available nitrogen to be supplied by biosolids has been determined (i.e. the crop nitrogen demand has been adiusted to take other sources of nitrogen into account), this amount may be multiplied by a factor of 1.5 (i.e. a 50 percent increase) to determine the amount of total nitrogen that may supplied by biosolids 9. The calcium carbonate equivalency of any alkaline -treated biosolids and recommended lime application rates for each application zone, 10. Septage application rates for application zones with a soil capacity greater than 0 mg/kg shall be no more than 30,000 gallons per acre or no more than 40,000 gallons per acre per year for the septage not containing food establishement sludge. Septage application rates for application zones with a soil phosphours storage capacity index less than 0 mg/kg shall be no more than 12,000alg lons per acre per year. 11. The method of land application for each application zone; and, 12. The methodology and calculations used to determine the application rates for each application zone. 130 (e) Establish speeifie rates of appheation and pr-eeedures to !a-nd apply bioselids and all other- watrient seur-e eaeh appheation zoiie. The NN412 shall addfess appheatien rates f9F a pr-ejeeted five year period, a4 a fninimuln. As „n,.t of establishing then pl:ent:e« fates, the ATTAU shall ;«elude. , 2 A listing and ., n«tifioat;e« of all «„t.;e«t s S f r enol, appl:nnt:e« years,3. The availability ef the nitFegen in the bieselids being applied, any nitr-egen available 4ofn bies pefi.,d e f the NLN412 years, s C eistie annual yield goals fee enol, n ;de«tif4ed f enol, n phent;e« �.zDwa4� e 6. The r-eeommended nitr-egen and phosphorus application r-at@s (i.e. nutrient demand) for- the eFeps to be gr-e'A% en nh n «l: nt'e e' 7. The- ealcium carbonate equivaleney of any alkaline tr-amed hieselids and re-eemmended lime- appheatien riate f enol. n «linage« e Q The .«ethed o f land n «linage« for- eae n pl;entie« z «d v. z-rca—r e> � , Tlvvpm-cx e*tz . submitted with the ��W-P. These values shall inelude a eomplete nitr-ogea analysis (i.e. ergap�e flitr-Ogeft (OFg N), TAT\ «d «a..nte mTr13_T.T\\ Fe.. ell F naa;es tl,nt will e the site, e (b) in lieu of using the f+ill ealeulation methad for nitfogen in Chapter- 7 of the U.S. Eavir-epmeata4 Pfete @nee the amount of 0 plant available nitr-egea te be supplied by bieselids has been de-te-r-m-ined (i.@. the orep aitr-ag@a d@Faaad has bee adjusted to take other sour-Ges of nitregen ipAe aeeount), this aFaeunt may be multiplied by a faetor of 1.5 (i.e. a 50 peroent inemase) to deter -mine the amount ef total nitregen that may be supplied by bieselids. (7) through (8) renumbered (6) through (7) No change. (8) The NMP for a permitted biosolids land application site shall be reviewed annually and any revisions shall be provided to the Department Revisions not requiring a permit modification in accordance with paragraph 62- 640.300(3)(e), F.A.C., shall be provided to the Department with the site annual summary submitted in accordance with paragraph 62-640.650(5)(d), F.A.C., or earlier. Any revisions requiring a permit modification in accordance with paragraph 62-640.300(3)(e) F.A.C. shall be completed by a certified nutrient management planner or by a professional engineer licensed in the State of Florida. Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History -New 8-12-90, Formerly 17-640.500, Amended 3-30-98, 8-29-10 62-640.600 Pathogen Reduction and Vector Attraction Reduction. All biosolids applied to the land or distributed and marketed shall be treated with a treatment process designed to reduce pathogens and achieve vector attraction reduction in accordance with the requirements of this section. The Department hereby adopts and incorporates by reference the pathogen and vector attraction reduction requirements of 40 C.F.R. 503.32 and 503.33, revised as of October 22, 2015^«ri1 9, 2007, and effective on December 15, 2015AVfi1==P==='�, except for the site restrictions in 40 C.F.R. 503.32(b)(5), the septage requirements in 40 C.F.R. 503.32(c), and the vector attraction reduction requirements in 40 C.F.R. 503.33(b)(11) and 503.33(b)(12). (1) Pathogen Reduction Requirements. (a) Class AA and Class A Biosolids. Class AA and Class A biosolids shall meet one of the pathogen reduction requirements described in 40 C.F.R. 503.32(a)(3), (4), (5), (7), and (8). For treatment processes permitted under 40 C.F.R. 503.32(a)(5), a permittee shall not implement the provisions of 40 C.F.R. 503.32(a)(5)(ii)(D) and 131 503.32(a)(5)(iii)(D) until: 1. The permittee demonstrates to the Department, based on monitoring data from the facility, that the documented pathogen treatment process operating parameters reduce enteric viruses and viable helminth ova to levels below the limits specified in 40 C.F.R. 503.32(a)(5); and, 2. The permit is revised to specifically allow the permittee to implement 40 C.F.R. 503.32(a)(5)(ii)(D) and 503.32(a)(5)(iii)(D). (b) Class B Biosolids. Class B Biosolids shall meet one of the pathogen reduction requirements described in 40 C.F.R. 503.32(b). (c) Septage management facilities that are regulated by the Department, and that do not treat any amount of biosolids shall satisfy Class B pathogen reduction requirements if sufficient lime is added to produce a pH of 12 for a minimum of two hours, er ^ p14 of 12.5 f a minimum of 30 minutes. Processes and design shall be in accordance with the guidance for lime stabilization of septage in Chapter 6, Process Design Manual for Sludge Treatment and Disposal, which the Department adopts and incorporates by reference. The pH shall be maintained at or above 11 until land application, but shall be less than 12.5 at fhe time^F1na^a appheation. Materials treated in accordance with this provision shall be managed as Class B biosolids. (2) No change. Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.600, Amended 3-30-98, 8-29-10, 62-640.650 Monitoring, Record Keeping, Reporting, and Notification. (1) through (2) No change. (3) Monitoring Requirements. (a) Biosolids Monitoring. 1. Biosolids sampling and analysis to monitor for the pathogen and vector attraction reduction requirements of Rule 62-640.600, F.A.C., and the parameters in subparagraph 62-640.650(3)(a)3., F.A.C., shall be conducted by the treatment facility in accordance with 40 C.F.R. 503.8, and the POTW Sludge Sampling and Analysis Guidance Document, August 1989, which the Department adopts and incorporates by reference. This document is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any of the Department's District Offices. In cases where disagreements exist between 40 C.F.R. 503.8 and the POTW Sludge Sampling and Analysis Guidance Document, the requirements in 40 C.F.R. 503.8 will apply. Monitoring for water extractable phosphorus shall follow the Universal Water Extractable P Test for Manure and Biosolids given in paragraph 62-640.210(1)(r), F.A.C., which the Department adopts and incorporates by reference. The document is available on the Internet at: https://seral7dotorg.fiiles.wordpress.com/2015/02/sera-l7-methods-for-p 2009.pdf. Immediately following the effective date of this rule, all domestic wastewater treatment facilities and biosolids treatment facilities that land apply shall start monitoring for water extractable phosphorus during routine biosolids monitoring events in accordance with subparagraphs 62-640.650(3)(x)3. and 4., F.A.C. The results shall be provided to the permittees of land_ application sites where a facility's biosolids are land applied but are not required to be reported by the facility to the Department until after the facility's first permit renewal after the effective date of this rule. 2. Permit applications for all treatment facilities that land apply or distribute and market biosolids shall identify the monitoring that will be conducted for all microbial and all operational and process parameters necessary to demonstrate compliance with the pathogen reduction and vector attraction reduction requirements of Rule 62- 640.600, F.A.C. All operational and process parameters, such as time and temperature, number of windrow turnings, pH readings, etc., shall be monitored on a continual basis as applicable to the treatment process to demonstrate compliance with Rule 62-640.600, F.A.C. 3. All treatment facilities that land apply or distribute and market biosolids shall analyze biosolids for the Following parameters, except as provided in paragraph 62-640.880(5)(a), F.A.C.: Total Nitrogen % dry weight basis Total Phosphorus % dry weight basis Total Potassium % dry weight basis 132 Water Extractable Phos hp orus* % dry weight basis Arsenic mg/kg dry weight basis Cadmium mg/kg dry weight basis Copper mg/kg dry weight basis Lead mg/kg dry weight basis Mercury mg/kg dry weight basis Molybdenum mg/kg dry weight basis Nickel mg/kg dry weight basis Selenium mg/kg dry weight basis Zinc mg/kg dry weight basis pH standard units Total Solids % Calcium Carbonate Equivalent** % dry weight basis * Not required for septa eg management facilities ** Only required for biosolids treated by alkaline addition 4. through 7. No change. (b) Soil Monitoring. 1. The site permittee shall ensure soil fertility testing is conducted in accordance with the NMP. The soil fertility testing and results shall be equivalent to the "Phosphorus Index Test" as conducted by the University of Florida (UF)/Institute of Food and Agricultural Sciences (IFAS) Extension Soil Testing Laboratory, and shall include the "Capacity Index" results for the soil. At a minimum, soil fertility testing shall provide: soil PH,• Mehlich- 3 extraction method results for phosphorus (P), aluminum (Al), and iron (Fe); calculated soil capacity index CI) following subsection 62-640.200(9), F.A.C.; and, lime requirement. Soil testing shall follow the procedures in the IFAS publications "Soil Testing," UF/IFAS Circular 239, September 2003, identified in paragraph 62- 640.210(1)(o), F.A.C., and "Extension Soil Testing Laboratory (ESTL) Analytical Procedure and Training Manual," UF/IFAS Circular 1248, February 2009, identified in paragraph 62-640.210(1)(p), F.A.C., which are hereby incorporated by reference. These documents are available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices. To demonstrate the soil capacity index, soil fertility testing samples may be taken at depths greater than 6 inches but no deeper than the depth of the seasonal high water table. Soil fertility, t� may be performed by the Univerisity of Florida Analytical Research LaboratoUyTxtension Soil Testing Laboratory or other nyicultrual laboratory participating in the North American Proficiency Testing Program (NAPT). Results of soil fertility tests shall be included in the application site records. 2. Representative soil monitoring for parameters in subsection 62-640.700(5), F.A.C., shall be conducted at application sites for each application zone prior to application site permitting; yeept for- sites ,.. ly permitted f Class AA b .",suds. At a minimum, one soil sample shall be taken for each application zone or for every 50 acres of application area, whichever is smaller. Each sample shall be a composite of at least ten random samples to a depth of six inches and shall be completely mixed to form a minimum one -pound sample. Sampling and analysis shall be in accordance with 40 C.F.R. 503.8(4), which is hereby incorporated by reference. Results of initial soil monitoring shall be reported on the Biosolids Site Permit Application, Form 62-640.210(2)(d). (c) Ground Water Monitoring. 1. A ground water monitoring program shall be established by the site permittee, and approved by the Department for land application sites when the application rate in the NMP exceeds more than 1604081bs/acre/year of total plebe nitrogen or 40 lbs/acre/year of total P2O5 (i.e. more than 17.4 lbs/acre/year of total phosphorus), or when the soil capacity index is less than 0 mg/kg. When soil fertility testing indicates the soil capacity index has become less than 0 mg/kg, the permittee of a biosolids land application site shall establish a ground water monitoring program in accordance with subparagraph 62-640.650(3)(c)2. F.A.C. below within one year of the date of the sampling results. When ground water monitoring is not required the permittee shall allow the Department to install ground water monitoring wells at any time during the effective period of the Department - issued facility or land application site permit and conduct monitoring_ 133 2. through 5. No change. (d) Surface Water Monitoring 1. The site permittee shall ensure surface water monitoring for total phosphorus, total nitrogen, and fecal coliform bacteria is conducted for sites when an application site is bordered or crossed by waters of the state and the application zone is' located within 1000 feet of waters of the state, excluding wetlands. Monitoring shall be conducted at least I quarterly. When surface water monitoring is not required, the permittee shall allow the Department to install equipment to monitor surface water and surface water runoff at any time during the effective period of the Department issued facility or land application site permit and conduct monitoring. 2. Monitoring of the receiving surface water shall be detailed in a monitoring plan submitted to the Department for approval that meets all the requirements of Rule 62-302.200, F.A.C., and Chapter 62-160, F.A.C. 3. A sampling and analysis plan shall include the components as required by subsection 62-307.200(3), F.A.C. Lem Unless specifically provided otherwise in this chapter, any laboratory tests required by this chapter shall be performed:by a laboratory certified in accordance with paragraph 62-620.610(18)(d), F.A.C. Sample collection required by this chapter shall be performed in accordance with paragraph 62-620.610(18)(e), F.A.C. The Specific Oxygen Uptake Rate (SOUR) test, as required by 40 C.F.R. 503.33(b)(4), shall be conducted within 15 minutes of sample collection and shall be performed by a certified laboratory or under the direction of an operator certified in accordance with Chapter 62-602, F.A.C. (4) Record Keeping Requirements. (a) through (i) No change. 0) Logs and records detailing biosolids applications to each application zone at an application site shall be maintained by the site permittee indefinitely and shall be available for inspection within seven days of request by the Department or the Delegated Local Program. At a minimum, the logs and records for the most recent six months of application shall be available for inspection at the land application site (i.e. maintained onsite). The logs and records shall include: 1. A copy of the approved NMP, 2. The cumulative loading for each zone in accordance with subsection 62-640.700(7), F.A.C., 3. For each application zone, maintain Biosolids Application Site Log, Form 62-640.210(2)(e), F.A.C., effective (effective date of the rul-),A gust 29, 2010, hereby adopted and incorporated by reference, and available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any of the Department's District Offices, 4. The results of all soil monitoring, ground water monitoring, and surface gretmd water monitoring conducted in accordance with paragraphs 62-640.650(3)(b) through (d) , F.A.C., 5. Any records necessary for demonstrating compliance with the NMP such as crop planting records, harvesting dates, harvested yields, applications of other sources of nutrients, or other records identified in the NMP; and, 6. Any records necessary for demonstrating compliance with the demonstration submitted with the NMP for sites located within the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds in accordance with subsection 62-640.500Q(-8), F.A.C. (5) Reporting Requirements. (a) Treatment facility permittees shall report the following information on the facility's monthly Discharge Monitoring Report required by subsection 62-620.610(18), F.A.C. 1. The total quantities of biosolids received from source facilities, landfilled, incinerated, transferred to another facility, land applied, or distributed and marketed for the reporting period. 2. The results of all monitoring conducted under subparagraph 62-640.650(3)(a)3., F.A.C., for the month in which the sampling event occurs. 3. For facilities distributing and marketing biosolids in Florida, the information required in subsection 62- 640.850(4), F.A.C. (b) Distribution and Marketing Reporting. Any person who delivers biosolids to Florida for distribution and marketing shall submit a monthly Discharge Monitoring Report that includes the information required in subsection 62-640.850(4), F.A.C.; on the appropriate form provided by the Department. (c) Treatment Facility Biosolids Annual Summary. Permittees of wastewater treatment facilities or biosolids treatment facilities permitted for land application shall submit a summary of the shipment records required by 134 paragraph 62-640.650(4)(d), and subsection 62-640.880(4), F.A.C., as applicable, to the appropriate District Office of the Department, or to the delegated local program, on an annual basis. The summary must be submitted on Department Form 62-640.210(2)(b), effective effective date of the rule , hereby adopted and incorporated by reference, and available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices. The summary shall include all biosolids shipped during the period January 1 through December 31. The summary for each year shall be submitted to the Department by February 19 of the following year. (d) Biosolids Application Site Annual Summary. The site permittee shall submit a summary of land application activity to the appropriate District Office of the Department, or to the delegated local program, on an annual basis. The summary shall be submitted on Department Form 62-640.210(2)(c), effective (effective date of the rule)A A 29,010, hereby adopted and incorporated by reference, and available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices. The summary for each year, covering the period from January 1 through December 31, shall be submitted to the Department by February 19 of the following year. The summary shall include all of the following, as applicable: 1. The total quantities of biosolids, other solids, nitrogen, phosphorus, potassium, and heavy metals applied to each application zone identified in the site's NMP. Reporting of heavy metals applied is not required for sites where only Class AA biosolids are applied. 2. Except o- sites ,,.hero enly Class AA bieseras are, applied, Tthe total cumulative loading for the parameters specified in paragraph 62-640.700(7)(b), F.A.C., applied to each application zone identified in the site's NMP. Cumulative loading shall be determined as described in subsection 62-640.700(7), F.A.C., and shall be calculated for all biosolids applications at a site beginning with the earlier of: a. The date of the first application of biosolids at the site subject to regulation by Chapter 62-640, F.A.C., or b. The date of the first application of biosolids at the application site subject to regulation by 40 C.F.R. 503. 3. A summary of the total quantities of biosolids applied from each treatment facility using the application site. 4. The results of any ground water monitoring and surface water monitoring required by paragraphs 62- 640.650(3)(c) andd , F.A.C. 5. A copy of any revised sections of the NMP made in accordance with Rule 62-640.500, F.A.C. 6. Copies of records kept in accordance with subparagraph 62-640.650(4)0)6., F.A.C., demonstrating compliance with the demonstration submitted with the NMP for sites located within the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds in accordance with subsection 62-640.50Q(7)(8.), F.A.C. (e) The site permittee shall send copies of the Biosolids Application Site Annual Summary required by paragraph 62-640.650(5)(d), F.A.C., to each treatment facility permittee from which biosolids have been received at the time the Biosolids Application Site Annual Summary is submitted to the Department. (6) No change. Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 3-30-98, Amended 8-29-10, 62-640.700 Requirements for Land Application of Clan. AA, ^, -;;a :R Biosolids. (1) Except as provided in paragraph 62-640.100(5)(h) 62 640.1-00(5)(g), F.A.C., biosolids shall only be applied to land application sites that are permitted by the Department in accordance with Rule 62-640.300, F.A.C., and have a valid NMP. (2) All biosolids applied to land application sites shall meet the requirements of Class AA, Class A, or Class B biosolids as defined in subsections 62-640.200(10), (11), and 12 62 a^n 200(8) (10), and (11), F.A.C. (3) through (5) No change (6) General Application Site Requirements. (a) Biosolids shall be applied with appropriate techniques and equipment to assure uniform application over the application zone. (b) Bea_.,, ing within one year ofAugust 29 20 n Class A and Class B biosolids treated by alkaline addition shall be applied by the best management practice of incorporation or injection unless the application area is located 135 at a distance greater than one-quarter mile from the application site property line. This distance shall be decreased to the setback distance provided by subparagraph 62-640.700(8)(b)2., F.A.C., if the affected adjacent property owner provides written consent. (c) Class A and Class B biosolids treated by alkaline addition shall be land applied within 24 hours of delivery to the site. (d) The spraying of liquid domestic wastewater biosolids from an application vehicle shall be conducted so that the formation of aerosols is minimized. Unless specifically stated in the wastewater permit or site permit, spray guns shall not be used. (e) Biosolids shall not be stored, stockpiled, or staged at a land application site for more than seven days unless approved by the Department pursuant to subparagraph 2., below. 1. All biosolids storage, stockpiling, or staging at land application sites shall: a. Meet the applicable setback requirements for biosolids application sites in subsection 62-640.700(8), F.A.C., b. Not cause or contribute to runoff of biosolids, objectionable odors, or vector attraction; and, c. For Class B biosolids, include fencing or other appropriate features to discourage the entry of animals and unauthorized persons. 2. The Department shall approve storage periods for longer than seven days if the following conditions are met: a. The storage area and facilities are identified in the NMP and site permit application, b. The applicable storage requirements of subparagraph 62-640.700(6)(e)1., F.A.C., are met, c. All of the biosolids stored at the application site, up to the capacity of the onsite storage facilities, can be land applied without resulting in an exceedance of cumulative loading limits or the application rates established in the NMP, d. The storage facilities are adequate for the rate of biosolids generated by permitted treatment facilities sending biosolids to the application site—,end, e. A longer storage period is needed because of agricultural operations or climatic factors at the application site; and - f. In addition to the provisions of subparagraph 62-640.700(6)(e)l., F.A.C., measures to prevent leaching of nutrients are also implemented. 3. In no case shall storage of biosolids exceed two years. 4. EPA's Guide to Field Storage of Biosolids, paragraph 62-640.210(1)(k), F.A.C., provides guidance to assist permittees in the field storage, stockpiling, and staging of biosolids. (f) Class B biosolids application sites shall be posted with appropriate advisory signs in English and Spanish which identify the nature of the project area and comply with the following requirements. 1. Signs shall be posted at all entrances to land application sites in such a position as to be clearly noticeable. The words "Class B Biosolids Site" (in Spanish "Sitio con Bios6lidos"), "Public Access Prohibited" (in Spanish "Prohibido el Acceso al Publico"), and the name and contact information of the site manager shall appear prominently on the signs. 2. For unfenced application sites, additional signs shall be posted at the corners and at a maximum of 500 feet intervals along the boundaries of the application site or zones, and in such a position as to be clearly noticeable from outside the boundary line of the application site. The words "Public Access Prohibited" (in Spanish "Prohibido el Acceso al Publico") shall appear prominently on the signs. 3. Letters on the signs for all required statements shall not be less than two inches in height. Signs shall be maintained and legible. (7) through (8) No change. (9) The pH of the soil or the the biosolids soil mixture of an application zone shall be 5.0 or greater at the time Class A or Class B biosolids are applied. At a minimum, soil pH testing shall be done annually. (10) Seasonal High Water Table. (a) A minimum unsaturated soil depth of two feet is required between the depth of biosolids placement and the water table level at the time the Class A or Class B biosolids are applied to the soil. Biosolids shall not be applied on soils having a seasonal high water table less than 15 centimeters from the soil surface or within 15 centimeters of the intended depth of biosolids placement. The permittee can indicate the seasonal high ground water tablelevel for each application zone at the 136 application site in the Biosolids Site Permit Application, Form 62-640.210(2)(d), by use of soil survey maps or by an evaluation conducted by a professional engineer with soils training who is licensed in the State of Florida or a professional soil scientest certified and registered by the Florida Association of Environmental Soil Scientests. The methodologies set forth in the document "Soil and Water Relationships of Florida's Ecological Communities" (Florida Soil Conservation Staff 1992, https:Hfloridadep.pov/sites/default/files/soil-and-water.pdf), which the Department adopts and incorporates by reference, may be used to establish the seasonal high water table. (c) If the seasonal high ground water level is within two feet of the depth of biosolids placement or- eannot ao«v,.,niaea at the time of ..o...., ttia,., the water table level shall be determined in one or more representative location(s) in the application zone before each application of biosolids, by measuring the water level in a water -table monitoring well or a piezometer. (11) through (12) No change. Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History -New 8-12-90, Formerly 17-640.700, Amended 3-30-98, 8-29-10� 62-640.800 Additional Requirements for Land Application at Reclamation Sites. (1) through (4) No change. (5) Ground water and surface water monitoring shall be conducted for reclamation sites as provided in paragraphs 62-640.650(3)(c) and (d), F.A.C. LQ(5) In addition to the above requirements, land reclamation projects at mining reclamation sites shall be in compliance with any other applicable Department rules concerning mining reclamation. Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History -New 8-12-90, Formerly 17-640.800, Amended 3-30-98, 8-29-10,_ 62-640.850 Distribution and Marketing of Class AA Biosolids. The distribution and marketing of biosolids or biosolids products shall meet the requirements of this section and this chapter, but are not required to meet subsections 62-640.300(2) and (3); Rule 62-640.500; paragraphs 62- 640.650(3)(b) through (d),• 62-640.650(4)(c) through 0); 62-640.650(5)(c) through (e); 62-640.650(6)(a), (b), (f), and (g); subsections 62-640.700(1) through (4); 62-640.700(6) through (12); and Rule 62-640.800, F.A.C. (1) Distributed and marketed biosolids or biosolids products shall meet the requirements for Class AA biosolids as defined in subsection 62-640.200 11 , F.A.C. (2) Distributed and marketed biosolids or biosolids products shall be distributed and marketed as a fertilizer in accordance with Chapter 576, F.S., 2019 , and Chapter 5E-1, F.A.C., 10-27-2016'"�0, both hereby adopted and incorporated by reference, or distributed and marketed to a person or entity that will sell or give-away the biosolids or biosolids products as a fertilizer or as a component of a fertilizer subject to Chapter 576, F.S., and Chapter 5E-1, F.A.C. Copies of Chapter 576, F.S., and Chapter 5E-1, F.A.C., are available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices. For the purposes of this chapter, biosolids composts that are distributed and marketed outside of the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds, as defined in Section 373.4595, F.S., do not have be to distributed and marketed as a fertilizer if the biosolids compost product is enrolled and certified under the U.S. Composting Council's (USCC) Seal of Testing Assurance (STA) program in effect on 5-20-2010, hereby adopted and incorporated by reference. A copy of the USCC STA program document is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any of the Department's District Offices. (3) Any treatment facility which produces biosolids in Florida that will be distributed and marketed or any person who delivers biosolids to Florida to be distributed and marketed shall submit the information listed in paragraph 62-640.850(3)(b), F.A.C., to the Department. (a) The information shall be submitted as follows: 1. Florida facilities shall submit the information with the treatment facility permit application. The information shall be updated and re -submitted with each permit renewal application. 137 2. Persons shipping biosolids into Florida for distribution and marketing shall submit the information with the notification required by subsection 62-640.850(6), F.A.C. The information shall be updated and re -submitted every five years. (b) The information shall include: 1. The Florida fertilizer license number assigned in accordance with Florida's Commercial Fertilizer Law, Chapter 576, F.S., 2019 , and Chapter 5E-1, F.A.C., 10-27-2016'"�0, both hereby adopted and incorporated by reference, under which the biosolids or biosolids products will be distributed and marketed (copies of Chapter 576, F.S., and Chapter 5E-1, F.A.C., are available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices) or documentation showing proof of certification for biosolids composts enrolled in the USCC STA program in effect on 5-20-2010, hereby adopted and incorporated by reference (a copy of the USCC STA program document is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540; 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices), 2. The quantity and characteristics of the biosolids or biosolids products to be distributed and marketed annually, 3. A description, of the planned distribution and marketing operations, methods, and procedures, 4. Procedures for transportation, storage, and application for the biosolids or biosolids products by the facility or person shipping biosolids into Florida for distribution and marketing, 5. The label or !information sheet to be provided at the time of distribution and marketing of the biosolids in accordance with subsection 62-640.850(5), F.A.C., Chapter 576, F.S., 2019 , and Chapter 5E-1, F.A.C., 10- 27-2016 18 ��, both hereby adopted and incorporated by reference, as applicable (copies of Chapter 576, F.S., and Chapter 5E-1, F.A.C., are available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices) or equivalent information for biosolid composts certified and enrolled in the USCC STA program in effect on 5-20-2010, hereby adopted and incorporated by reference (a copy of the USCC STA program document is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any of the Department's District Offices), 6. Management! procedures for ensuring biosolids meet Class AA requirements prior to distribution and marketing, including procedures for notifying persons who received biosolids that failed to meet Class AA requirements; and, 7. Contingency plans if the biosolids or biosolids products are not distributed or marketed as planned. (4) through (6) No change. (7) By February', 19 of each year, any person shipping biosolids to Florida for distribution and marketing shall submit a copy of the applicable EPA facility annual biosolids report required by 40 C.F.R. 503.18, October 22, 20157 ', 'may ,�W, hereby adopted and incorporated by reference, to the Department's Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. A copy of 40 C.F.R. 503.18 is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices. Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.850, Amended 3-30-98, 8-29-10 62-640.880 Additional Requirements Related to Biosolids Treatment Facilities. The requirements of this section shall apply to any facility that treats biosolids from other facilities prior to use, land application, or disposal. These requirements also apply to septage management facilities that treat domestic septage and combinations of food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marina pumpout, or other onsite systems prior to use, land application, or disposal. (1) General Criteria (a) through (i) No'change. 138 0) Staffing. The level of operator staffing at a biosolids treatment facility shall be as follows: TYPE I* TYPE II* TYPE III* A/AA** Class A Operator Class B Operator Class B Operator 8 hours/day 4 hours/day 2 hours/day 5 days/week 5 days/week 5 days/week B** Class A Operator Class B Operator Class C Operator 2 hours/day 1 hour/day 1 hour/day 5 days/week 5 days/week 3 days/week B*** Class A Operator Class B Operator Class C Operator 1 hour/day 1 hour/day 1 hour/week 5 days/week 3 days/week *Classification of Type of facility as determined by paragraph 62-640.880(2)(a), F.A.C. **These letters correspond to the Class of pathogen reduction that is achieved by the biosolids treatment facility in accordance with subsection 62-640.600(1), F.A.C. ***This category is for Class B liquid alkaline stabilization only. 1. The operator classification requirements shall be in accordance with Chapter 62-699, F.A.C. 2. Operator staffing requirements for facilities addressed in paragraph 62-640.880(2)(d), F.A.C., shall be established as the more stringent of either the requirements in Chapter 62-699, F.A.C., or the requirements in paragraph 62-640.880(2)0), F.A.C. For septage management facilities with a permitted capacity equivalent to 10,000alg lons per day or less, the Class C operator requirements given in paragraph 62-640.880(2)(1), F.A.C. may be substituted with a registered septic tank contractor or master septic tank contractor. 3. In addition to the above staffing requirements, other personnel that are trained in the treatment process and equipment being used, working under the direction of a certified operator, shall be present at the biosolids treatment facility during loading and unloading operations and during other operating hours as recommended in the preliminary design report. 4. If justified by the complexity of the treatment process, the Department shall require a higher classification, more frequent visits, or more hours per day. Requests to alter or decrease staffing requirements shall be made through a minor permit revision under Rule 62-620.325, F.A.C., and shall be based upon site-specific requirements, facility operation, risk to public health and the environment, and the presence of other trained personnel. (k) The biosolids treatment facility permittee shall be responsible for making the facilities safe in terms of public health and safety at all times, and shall notify the Department and all affected parties, in writing, at least 60 days before ceasing operation in accordance with subsection 62-620.610(15), F.A.C. (3) through (6) No change Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 3-30-98, Amended 8-29-10, NAME OF PERSON ORIGINATING PROPOSED RULE: Maurice Barker, Senior Program Analyst, Domestic Wastewater Program NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 17, 2019 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 22, 2019 139 Attachment 3 Division: Board: Rule Number: Rule Description: Contact Person: I Please remember to analyze the impact of the rule, NOT the statute, when completing this form. I A. Is the rule likely to, directly or indirectly, have an adverse impact on economic growth, private -sector job creation or employment, or private -sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule? I 1. Is the rule likely to reduce personal income? ® Yes ❑ No 2. Is the rule likely to reduce total non-farm employment? ® Yes ❑ No 3. Is the rule likely to reduce private housing starts? ❑ Yes ® No 4. Is the rule likely to reduce visitors to Florida? ❑ Yes ® No 5. Is the rule likely to reduce wages or salaries? ❑ Yes ® No 6. Is the rule likely to reduce property income? ® Yes ❑ No Explanation: The revised rule may significantly reduce biosolids land application rates (the amount applied per acre on an annual basis) by an estimated 75%. In 2018, just under 90,000 dry tons of Class B biosolids were applied to biosolids, land application sites with about 84,000 acres of the currently permitted 100,000 acres in Florida. Reduced land application rates would necessitate the permitting about 4 to 10 times more land to accommodate the current quantity of land applied Class B biosolids. As haulers have already permitted land application sites closer to the domestic wastewater facilities that generate biosolids, any additional sites are expected to be at greater distances from these facilities. This could result in longer hauling distances. Additionally, some existing sites may cease land application completely, either because the site may not be suitable for land application or because the land owner may not want to subject their property to ground water or surface water quality monitoring. The additional site monitoring requirements for ground water and surface water will also increase operational costs, so some biosolids site permittees, especially for smaller sites, may choose to cease operations. 1 140 Under the proposed rule, some portion of currently land -applied Class B biosolids are expected to then be disposed of in landfills or be converted to Class AA biosolids. The reduction in land application rates, loss of land application sites, and shift away from land application could result in: • Loss of biosolids hauling contracts • Loss of jobs with biosolids hauling companies. • Loss of grass production and income for land owners. • Increased operational expenses for biosolids haulers, and; • Loss of cost savings and production for cattle ranchers and hay fairmers. Under the revised rule, biosolids land application rates will drop by an average of 75%. Some farmers indicate an economic value of about $60 per acre in fertilizer savings though biosolids land application. In 2018, approximately 84,000 acres were utilized for the land application of biosolids, which would represent a current fertilizer cost savings of approximately $5,040,000. This would be a loss of $3,780,000 in cost savings annually if 75% less biosolids can be applied per acre. Not all 84,000 acres may receive sufficient quantities of biosolids to represent the $60 per acre savings. However, the $60 savings is conservative when compared to past EPA estimates of $160 value per acre, which included the costs to spread the material and not just the cost of fertilizer itself. Any loss of production is not included in this SERC, as it is unknown. Industry comments suggested an annual $3,000,000 loss in cost savings based on the quantity of Class B biosolids, and a $40 fertilizer value per acre based on a complete loss of Class B biosolids. I If any of these questions are answered "Yes," presume that there is a likely and adverse impact in excess of $1 million, and the rule must be submitted to the legislature for ratification. i B. Is the rule likely to, directly or indirectly, have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule? 1. Is the rule likely to raise the price of goods or services provided by Florida business?l ® Yes ❑ No 2. Is the rule ilikely to add regulation that is not present in other states or markets? ® Yes ❑ No 141 3. Is the rule likely to reduce the quantity of goods or services Florida businesses are able to produce, i.e. will goods or services become too expensive to produce? ® Yes l ❑ No 4. Is the rude likely to cause Florida businesses to reduce workforces? ® Yes ❑ No 5. Is the rule likely to increase regulatory costs to the extent that Florida businesses will be unable to invest in product development or other innovation? ❑ Yes' ® No 6. Is the rule likely to make illegal any product or service that is currently legal? ❑ Yes i ® No Explanation: As the proposed rule revisions increase the cost of biosolids management, biosolids management companies will need to increase fees for their services. Also, as the demand for landfilling or transferring biosolids to Class AA biosolids treatment facilities increases, existing landfills and Class AA biosolids treatment facilities may increase fees for their services. Additionally, biosolids might be transferred out-of-state for management or disposal. If more biosolids are transferred to landfills, (including out-of-state landfills), or transferred to Class AA biosolids treatment facilities, the workforce that currently manages biosolids land application programs could be reduced. If any of these questions are answered "Yes," presume that there is a likely and adverse impact in excess of $1 million, and the rule must be submitted to the legislature for ratification. C. Is the rule likely, directly or indirectly, to increase regulatory costs, including any transactional costs (see F below for examples of transactional costs), in excess of $1 million in the aggregate within 5 years after the implementation of this rule? 1. Current one-time costs 2. New one-time costs Continuing Class B Class AA 3. Subtract 1 from 2 $0 (current existing conditions) $10,000,000 — $400,000,000 $10,000,000 $300,000,000 - $400,000,000 $10,000,000 - $400.000.000 142 4. Current recurring costs 5. New recurring costs Continuing Class B Convert to Class AA 6. Subtract 4 from 5 $36,000,000 $30,000,000 - $60,000,000 $60,000,000 + $36,000,000 $30,000,000 - $40,000,000 $60,000,000 to continue Class B $30,000,000 - $40,000,000 to shift to Class AA 7. Number of times costs will recur in 5 years 5 8. Multiply 6 times 7 $300,000,000 to continue Class B $150,000,000 - $200,000,000 to shift to Class AA $310,000,000 to continue Class B $450.000.000 - $600,000,000 to shift to Class AA If 9. is greater than $1 million, there is likely an increase of regulatory costs in excess of $1 million, and the rule must be submitted to the legislature for ratification. D. Good faith estimates (numbers/types): 1. The number of individuals and entities likely to be required to comply with the rule. (Please provide a reasonable explanation for the estimate used forthe number of individuals and methodology used for deriving the estimate). • Approximately 125 site permittees (number is slightly less because some permittees have multiple sites) • 125 agricultural land owners (ranches, farms, etc.) • 127 domestic wastewater, treatment facilities • 9 biosolids treatment facilities • 46 septage management facilities Unknown number of biosolids haulers (approximately 6 — 12, as there is some duplication with the site permittees). DEP does not permit haulers. 2. A general description of the types of individuals likely to be affected by the rule. Entities currently involved with the land application of biosolids will be directly affected by the new rule - site permittees, the land owners of sites, facilities and utilities currently sending biosolids for land application, and biosolids transporters. 143 E. Good faith estimates (costs): 1. Cost to the department of implementing the proposed rule: ® None. The department intends to implement the proposed rule within its current workload, with existing staff. ❑ M i n i m a l. (Provide a brief explanation). ❑ Other. (Please provide a reasonable explanation for the estimate used and methodology used for deriving the estimate). 2. Cost to ainy other state and local government entities of implementing the proposed rule: ❑ None. This proposed rule will only affect the department. ❑ Minimal. (Provide a brief explanation). Z Oth e r. (Please provide a reasonable explanation for the estimate used and methodology used for deriving the estimate). The majority of biosolids are generated by utilities owned and operated by local government entities. Therefore, estimates for one-time capital costs and recurring costs will primarily affect local governments entities. This includes,127 domestic wastewater treatment facilities that treat and land apply biosolids, 9 biosolids treatment facilities that land apply biosolids, an unknown but significant number of small wastewater treatment facilities that send biosolids to larger treatment facilities, and biosolids treatment facilities that treat and land apply biosolids. Not included are utilities potentially indirectly affected by the increasing costs of biosolids management resulting from increased demand on management options other than land application (e.g. landfill tipping fees, Class AA biosolids treatment facilities, etc.) 3. Cost to the department of enforcing the proposed rule: ® None. The department intends to enforce the proposed rule within its current workload with existing staff. ❑ Minimal. (Provide a brief explanation). ❑ Other. (Please -provide a reasonable explanation for the estimate used and methodology used for deriving the estimate). 144 4. Cost to any other state and local government of enforcing the proposed rule: ❑ None. This proposed rule will only affect the department. ® Minimal. (Provide a brief explanation). I One existing septage management facility and one biosolids land application site are currently regulated by a delegated local program. Although numerous small domestic wastewater treatment facilities are regulated by delegated local programs, the proposed change should not increase their enforcement costs, as biosolids disposal options are already addressed in facility permits. If more biosolids are transported to landfills or large biosolids treatment facilities producing Class AA biosolids, this may actually reduce the costs for compliance review by the delegated local programs for facilities choosing these biosolids management options over land application. ❑ Other. (Please provide a reasonable explanation for the estimate used and methodology used for deriving the estimate). I F. Good faith estimates (transactional costs) likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements, of the proposed rule. (Includes filing fees, cost of obtaining a license, cost of equipment required to be installed or used, cost of implementing processes and procedures, cost of modifying existing processes and procedures, additional operating costs incurred, cost of monitoring, and cost of reporting, or any other costs necessary to comply with the rule). ❑ None. This proposed rule will only affect the department. M i n i m a l. (Provide a brief explanation). i ® Other. (Please provide a reasonable explanation for the estimate used and methodology used for deriving the estimate). Continuing Land Application of Class B Biosolids Note: It is unlikely that all of the approximately 90,000 dry tons of Class B biosolids currently land applied in Florida will continue to be land applied. Capital cost for permitting new land application sites: $10 million • Using industry estimate of 400,000 additional acres necessary, industry estimates $200 per acre, or a one-time cost of $80 million. • Estimate of an average of $20,000 average cost per site to fulfill permitting requirements. • Estimate of 4 times the number of sites or 125 x 4 = 500 new sites or $10 million. Recurring costs 145 • Using industry estimates of $8 per acre cost to land apply biosolids at 500,000 acres would equate to approximately $4 million new recurring costs (industry estimates $17 million.) • Industry believes that the remaining land in Florida acceptable for this land application is limited; some of this area is within springs watersheds. Industry predicts having to use disposal sites in North Florida and South Georgia, adding 150-350 miles to biosolids transportation at a cost of $3.00 per mile. Using 90,000 dry tons or 450,000 wet tons, each truck carrying 25 wet tons equals 18,000 loads at a round trip of 500 miles (250 mile trip). At a cost of approximately $3 per mile, this equals $27 million annually. Industry estimates $42 million annually. Additional monitoring (no new sites): $1 million annually • Ground water — if all 125 sites, (3 wells each), require quarterly monitoring of $500 per quarter, this totals to $750,000 annually. • Surface water monitoring — This is not required for all sites, but there are likely multiple locations possible per site. An approximate estimation is 125 samples quarterly at $500 per sample, which totals to $250,000 annually. Converting to Class AA (Fertilizer) Estimated capital cost: $300 million - $400 million • Miami -Dade County's estimate for Class AA: $100,000,000 • Miami -Dade represents about 25-33% of Class B biosolids currently land applied. • St.j Petersburg reported spending approximately $94 million for a Class AA project, which will treat a smaller quantity of biosolids. The facility may need modifications, which will add to the current expense. • Smaller facilities do not have the scale to achieve the same capital cost per dry ton as Miami -Dade, so the Miami Dade estimate could be conservative. • Private regional facilities serving small facilities would reduce capital costs, but would increase operational costs (e.g. transportation, and dewatering) Estimated recurring cost: $30 million - $40 million • Miami -Dade estimate is $10 million Operation &Maintenance annually. • Miami -Dade represents about 25-33% of Class B biosolids land applied. • Smaller facilities do not have the scale to achieve as low a cost per dry ton as Miami -Dade. • Regional facilities would also not have the same scale as Miami Dade, due to the county's dense population compared to the less dense area that a regional facility could serve. Regional facilities would also have higher transportation costs. 146 Innovative Technologies — These were not evaluated. DEP is not aware of a technology used at full scale for any extended time period, and so does not have enough information to make an analysis. G. An analysis of the impact on small business as defined by s. 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by s. 120.52, F. S. (Includes: • Why the regulation is needed (e.g., How will the regulation make the regulatory process more efficient? Required to meet changes in federal law? Required to meet changes in state law?], - This regulation is needed to reduce the quantities of nutrients, particularly phosphorus, that potentially impact Florida's waters. Degradation of water quality results in algae blooms and potentially reduced tourism and recreational activities. Although the implementation of the rule will adversely affect certain small businesses and counties, it will serve to protect the interests of other small businesses and counties. • The type of small businesses that would be subject to the rule; Private biosolids treatment facilities, septage management facilities, biosolids transporters; and ranchers and farmers. • Many biosolids land application sites (ranchers and farmers) may cease accepting biosolids which not only affect them financially, but also affect the biosolids treatment facilities and septage management facilities who use the sites. • Small biosolids treatment facilities may close if they cannot acquire land application sites or afford to permit new sites. • Septage management facilities may close, meaning septage would need to be transported long distances to other suitable facilities. • The probable impact on affected small businesses [e.g., increased reporting requirements increased staffing; increased legal or accounting fees?], Because the revised rule could result in significantly reduced biosolids land application rates, significant amounts of additional land will need to be acquired. This could increase permitting costs and operational costs. Additionally, some sites may not comply with the seasonal high water table requirements or may stop accepting biosolids; as mentioned previously, it may be necessary to procure additional land, likely at farther distances than current sites. Additional monitoring requirements will increase operational costs. These costs may result in an untenable situation for some biosolids treatment facilities and septage management facilities, which could cause them to close. Lastly, the reduction in biosolids application rates, as well as the potential loss of biosolids, will result in the loss of a valuable fertilizer resource, cost savings, and crop production (hay/pasture) for ranchers and farmers. • The likely per -firm regulatory cost increase, if any). This depends of the type of operation, the size of the site or facility, and the location of the facility. 147 A small business is defined in Section 288.703, F.S., as' ..an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments." A small county is defined in Section 120.52(19), F.S., as "any county that has an unincarcerated population of 75,000 or less according to the most recent decennial census." And, a small city is defined in Section 120.52(18), F.S., as "any municipality that has an unincarcerated population of 10,000 or less according to the most recent decennial census." The estimated number of small businesses that would be subject to the rule: ❑ 1-99 ® 100-499 ❑ 500-999 El 1,000-4,999 ❑ More than 5,000 ❑ Unknown, please explain: ❑ Analysis of the impact on small business: Small businesses would likely include most of the nine biosolids treatment facilities and all 46 septage management facilities permitted by DEP. Also included would be some of the biosolids hauling/land application companies (DEP does not issue hauling permits). The primary issue is the small volume of biosolids handled by these small businesses. The "unit cost" of managing a dry ton of biosolids will likely be much higher for these entities. As a result, the cost to build and treat to Class AA is probably not financially feasible. Additionally, these facilities operate on a local basis, and are unable to haul biosolids long distances or permit non - local sites. While small volumes can make the increased costs more manageable, these small businesses will not have reasonable options if Class B land application is no longer feasible (a current issue in the Panhandle where septage haulers have limited disposal options). ❑ There is no small county or small city that will be impacted by this proposed rule. ® A small county or small city will be impacted. Analysis: Small counties and cities representing over 40 domestic wastewater treatment facilities could be significantly impacted by this proposed rule. These facilities are primarily rural and handle a small volume of biosolids. Because of this, the "unit cost" of managing a dry ton of biosolids will likely be much higher for these entities, meaning the cost to build and treat to Class AA is probably not financially feasible. Additionally, these facilities operate on a local basis and are unable to haul biosolids long distances or 148 permit non -local sites. While small volumes make the increased costs of landfilling or sending to a regional facility more manageable, these small facilities will face similar issues of not having reasonable options available if Classt land application is no longer feasible. ❑ Lower impact alternatives were not implemented? Describe the alternatives and the basis for not implementing them. A phosphorus -based rate for land application (based on site-specific criteria) results in a significant reduction in the quantity of biosolids that can be applied per acre. DEP is not aware of a feasible alternative to this reduced application rate. Reducing the application rate would require approximately 4-10 times the amount of acreage to land apply the current amount of biosolids. This would be costly to all parties involved, and it is likely that most biosolids currently, land applied would shift to Class AA. Shifting to Class AA is extremely difficult in rural areas where small wastewater treatment facilities; biosolids treatment facilities, and septage management facilities do not have the benefit of economies of scale. Therefore, the likely alternative would be to landfill the biosolids, which would require dewatering and a willing landfill to dispose of the solids. These increased operational costs will result in substantial costs, especially if the biosolids or septage must be transported long distances for disposal. Ultimately, ratepayers and home owners will bear the additional costs. Even if additional land for land application is obtained, other provisions related to continued land application will increase costs. These include but are not limited to: increased biosolids monitoring, ground water monitoring, and surface water monitoring. H. Any additional information that the agency determines may be useful. ❑ None. ® Additional. Although a few innovative technologies have been proposed as an alternative to biosolids land application, there is at best very limited evidence that these could successfully serve as alternative management options. Also, the costs for these innovative technologies appear to be at higher than current costs of Class AA technologies. I. A description of any good faith written proposal for a lower cost regulatory alternative to the proposed rule which substantially accomplishes the objectives of the law being implemented and either a statement adopting the alternative or a statement of the reasons rejecting the alternative in favor of the proposed rule. 149 Z No good ,faith written proposals for a lower cost regulatory alternative to the proposed rule were received. i ❑ See attachment "A". ❑ Adoptled in entirety. ❑ Adopted / rejected in part. (Provide a description of the parts adopted orrejected, and provide a brief statement of the reasons adopting or rejecting this alternative. in part). ❑ Rejected in entirety. (Provide a brief statement of the reasons rejecting this alternative). ❑ See attachment "B". ❑ Adopted in entirety. ❑ AdopteId / rejected in part. (Provide a description of the parts adopted orrejected, and provide a brief statement of the reasons adopting or rejecting this alternative in part). ❑ Rejected in entirety. (Provide a brief statement of the reasons rejecting this alternative). I ❑ See attachment "C". ❑ Adopted in entirety. ❑ Adopted / rejected in part. (Provide a description of the parts adopted orrejected, and provide a brief statement of the reasons adopting or rejecting this alternative in part). ❑ Rejected in entirety. (Provide a brief statement of the reasons rejecting this alternative). ❑ See attachment "D". ❑ Adoptedi in entirety. i ❑ Adopted)/ rejected in part. (Provide a description of the parts adopted orrejected, and provide a brief statement of the reasons adopting or rejecting this alternative in part). Rejected)i in entirety. (Provide a brief statement of the reasons rejecting this alternative). ❑ See attachment "E". ❑ Adopted in entirety. i ❑ Adopted /, rejected in part. (Provide a description of the parts adopted orrejected, and provide a brief statement) of the reasons adopting or rejecting this alternative in part). 150 Department of Environmental Protection Statement of Estimated Regulatory Costs (SERC) I ❑ Rejected in entirety I I I (Provide a brief statement of the reasons rejecting this alternative). 151 Indian River County Department of Utility Services Attachment 4 Indian River County, Department of Utility Services comments on the Florida Department of Environmental Protection's 2nd Draft Biosolids rule revision noticed October 29, 2019 (Florida Administrative Code 62-640) Section reference: Notice of Proposed Rule: Purpose and Effect: Department used in this section, but Agency and agency used elsewhere throughout the notice. If referring to the same entity, should keep reference the same. Rule should be expanded based on the charge to the Florida Department of Environmental Protection that "The Department rules that were adopted on March 1, 1979, regarding water quality standards are designed to protect public health or welfare and to enhance the quality of waters of the state. They have been established taking into consideration the use and value of waters of the state for public water supply, agricultural, industrial, and other purposes." FAC 62-650.300(2)(a) PURPOSE AND EFFECT: The Department is developing amendments to Chapter 62-640, F.A.C., to ensure the proper management, use and land application of biosolids to protect waters of the state from nut-iefit pelluti pollutants as referenced in Florida Statutes 403.031, and in a manner that minimizes the migration of .,.ts pollutants to prevent the impairment of waterbodies. The Department is proposing to amend the permitting rules to establish the rate -e€ bieselids applieatien land application rate of biosolids be based on biosolids characteristics and site-specific conditions, such as soil characteristics, water table, hydrogeology, site use, distance to surface water, and plant tissue needs in order to prevent ra1trient pollution to groundwater or surface waters. ^C� The rule revisions would allow the Department to better evaluate phosphorus characteristics in all biosolids to inform decisions as to the appropriate application rate; and will establish criteria for low, medium and high-risk sites that guide application practices and required water quality monitoring. Rule revisions would also require site specific groundwater and/ or surface water monitoring plans to detect Fmtrieat pollutant migration. Summary: The summary statement is currently false unless the Department includes Class AA biosolids in this rule, and not treat as fertilizer and exempt from many of the requirements identified in this rule. SUMMARY: Proposed amendments to Florida Administrative Code Chapter 62-640, entitled Biosolids, which regulates and ensures the proper management, use and land application of Class A and Class B biosolids to protect public health and the environment, were developed to revise the monitoring and permitting criteria for the land application and management of biosolids, as well as in response to the deliberations and recommendations of the Biosolids Technical Advisory Committee to better address nutrient concerns. 62.640.100(5)(f)(g)&(h): These sections and the timeframes referenced in the sections would still allow for a long period of time (3 years) before existing permitted sites would need to comply with all sections of the new rule. Based on data available from the 2017 FDEP Annual Report for a Biosolids Land Application site within Indian River County and based on FDEP estimates of 90,000 dry tons of Biosolids being land applied in 2018 state-wide, there potentially could be another 12,600,000 lbs of Nitrogen and 5,004,000 lbs of Indian River County 152 Department of Utility Services 180127" Street, Vero Beach, FL 32960 Pagel of 3 Indian River County Department of 'Utility Services Phosphorus from Class B biosolids spread annually on existing permitted sites with only Water Extractable Phosphorus data being collected, but no changes to the application practices. Comment: Who would be responsible for cleaning up any Pollution that might be taking place by allowing this activity to continue — the land owner, the hauler, the generating wastewater facility, the State, the county, the ratepayers?? 62-640.100(6)(a) What about adoption of new BMAPs while permit is active — adoption of new BMAP in area with existing permitted land application sites should trigger a reopening of the land application site permit. 62-640.200 Definitions: (9) Capacity index should have units reflected in equation (?) Soil Fertility Test should be defined in this section (42) & (5 1) "Seasonal high water" and "Water table" measured how? (53) "Yard trash" should be replaced with "Yard waste" 62-640.210 General Technical Guidance and Forms (1)(q) Since this is a new section, even the https://dI.science web address should be underlined (2)(a — e) Web address needs to be completed 62-640.300 General Requirements (3)(c) Reference for web site needs to be completed 62-640.400 Prohibition's. COMMENT: Should the Department not be able to enact regulations ensuring that the land application of Biosolids is done in a manner protective to the environment and restoration efforts verified through water quality monitoring, then perhaps they should consider adding the Upper St Johns River Basin to the list of prohibited zones for application (similar to (11) Lake Okeechobee watershed and (12) Caloosahatchee River and St Lucie River watershed prohibitions). 62-640.500 Nutrient Management Plan (5)(d) Spell out what a Soil Fertility Test entails (5)(e) Soil Fertility Testing should be spelled out and also the test should be required annually, prior to application (information on testing found in 62-640.65(3)(b)(1). (5)(f) COMMENT: Reasonable Assurance — that should be defined and not vague, it is going to be offered as a way for additional biosolids to be applied to a site. (5)(f)(1) Table needs to define units of measurement (lbs ?) (5)(f)(1) Table should have `assuming' verbiage removed. Rule should be based on facts, not assumptions. (5)(f)(7) Capacity is spelled incorrectly (capcity) (5)(f)(7)(a)(I4V) I Are the units correct (mg/Kg)? No units defined in the Capacity Indian River County 153 Department of Utility Services 1801 271 Street, Vero Beach, FL 32960 Page 2 of 3 Indian River County Department of Utility Services equation presently, so no way to determine validity of the units in this section? (5)(f)(8) Seems to contradict sections in this Rule that make determinations based on Total Nitrogen instead of Plant Available Nitrogen referenced here (62- 640.650(3)(b)(2)(c)(1). 62.640.650 Monitoring, Record Keeping, Reporting and Notification (3)(b)(2)(c)(1) Timing between required test and any application rate changes based on the required test seems excessive and could allow for a significant period of time (years) before monitoring activities based on that data take place (3)(b)(2)(e) Tests in the Rule are required to be performed by a certified laboratory (in accordance with 62-620.610(18)(d). Are all required tests recognized by laboratory certification programs (water extractable Phosphorus, etc.). 62-640.700 Requirements for Land Application of Biosolids (6)(3)(2)(f) In addition to the provisions of subparagraph 62-640.700(6)(e)(1)., F.A.C., measures to prevent leaching and run-off of n*t6epAs pollutants are also implemented. (10)(a) — (c) How is this to be measured — locations of piezometers or monitoring wells should be defined and appropriate measurement units. GENERAL COMMENT: Wastewater plants adjust operations throughout the process depending on influent and effluent characteristics. Basing applications on estimates or at the most monthly analyses of Biosolids may not be protective to the environment, as these values can change drastically based on the desired treatment process of the contributing wastewater plant. Application rates should be based on real values of the loads destined for application. Indian River County 154 Department of Utility Services 180127" Street, Vero Beach, FL 32960 Page 3 of 3 12.G.1. FDEP Biosolids Rule ,I If one reads FDEP'slIproposed Biosolids Rule, one cannot come away knowing that the environment is protected. The language is to convoluted and open to multiple interpretations. Ask three people toi read the Rule and one will get three very different explanations of what it means. At a minimum, I would suggest: I 1) That the Boallyd authorize the Utilities to submit its comments to FDEP. 2) That the board authorize the Chair.................. to submit comments on behalf of the board Noting: a. That the proposed rule does not go far enough to clearly protect the environment. b. That the law is to convoluted, unclear and to open to multiple interpretations to be good law.! c. That a simple, clear and understandable solution that will protect the environment is available and found in Rule no. 62-640.400 (12) so essentially, Land application of biosolids will not be permitted anywhere in the State of Florida unless the applicant for a site permit affirmatively demonstrates that and phosphorus loads will not add to nitrogen and phosphorus loadings in the watershed. d. If FDEP wil!il not recommend the suggested language, then given the conditions around the Blue Cypress Lake, which mirror near exactly what science has:-already established are such that will lead to significant environmental damage with the dumping of biosolids, at least clearly carve out Indian River County and the headwaters of the St. Johns River with the affirmatively demonstrates language above and allow IRC to maintain its moratorium on the dumping of biosolids. /3) ,. I,f-the provision! of the rule that gives present permit holders three more years to dump Biosolids on lands that will pollute the environment remains in the rule for Indian River County, I suggeist that we ask the County Attorney to start investigating what causes of action we may have in law to file against anyone who does come into Indian River County and knowingly dumps biosolids, which present science makes clear, will pollute our environment. I Given all we are paying and will pay to remediate the damage that pollutants have done to the Lagoon, we cannot afford another $100,000,0000 remediation project to clean up the Blue Cypress Lake area. If FIDiEP is not going to do its job and protect the environment, we need to be prepared to step up and protect the natural resources of Indian River County. 164 - f Susan Adams Chairman District I Joseph E. Flescher Vice Chairman_ District 2 B(7ARD OF COUNTY COMMISSIONERS November 19, :2019 Maurice Barker Senior Program Analyst Division of Water Resource Management 2600 Blair Stone Road, MS 3540 Tallahassee, Florida 32399-2400 Email: Maurice.Barker@dep.state.fl.us Tim Zorc District 3 Peter D. O'Bryan District 4 Bob Solari. District 5 RE: Proposed Rule Making - Chapter 62-640, Florida Administrative Code Mr. Barker, As the chair of the Indian River County Board of County Commissioners, I am submitting these comments to the Florida Department of Environmental Protection, concerning the above -referenced matter, to supplement those prepared by Indian River County staff. f=irst, and foremost, the proposed rule does not go far enough to clearly protect the environment in Indian River County and the State. of Florida as a whole. The proposed rule is convoluted, unclear and open to multiple interpretations. The Board believes that a simple, clear and understandable solution that will protect the environment is available and found in Rule 62.640.400 (12), Florida Administrative Code. This rule does not permit the land application of biosolids in certain watersheds, unless an applicant for a site permit affirmatively demonstrates that the nitrogen and phosphorus in the biosolids will not add to nitrogen and phosphorus loadings in those watersheds. If the Department will not recommend utilizing this suggested language statewide, then given the conditions around Blue Cypress Lake, which mirror near exactly what science has already established are such that the dumping of biosolids will lead to significant environmental damage, at least clearly carve out Indian River County and the headwaters of the. St. Johns River with such language and allow Indian River County to maintain its moratorium on the dumping of biosolids. Thank you for your consideration of these comments, erely, isairman, an Adams; Indian River County 1801 271h Street., Building A Vero Beach, FL -32960 (772) 226-1490 I tri —zi 13k MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 25, 2019 SUBJECT: Indian River County Committees — Member Reappointments BACKGROUND. On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which appointed the County Attorney's Office to monitor member terms of certain committees. Specifically, the resolution requires that (1) on approximately October 15 of each year, the County Attorney's Office shall contact all board appointed committee members whose terms will expire in the following January, and determine whether those members want to be considered for reappointment, and (2) at the last Board meeting in November of each year, the County Attorney's Office shall present to the Board a list of all committee members requesting reappointment — at which time the Board will reappoint members from the list as it deems appropriate. Thereafter, on approximately December 1 st of each year, a list of committee vacancies will be created and posted on the County website, and the Board will make appointments to fill the vacancies no later than the following January 15`h The County Attorney's Office has contacted committee members whose term will expire in January 2020. Attached to this memorandum is a list of those members who have requested reappointment. The Board should now review the list and make such reappointments as it deems appropriate. It should be noted that in addition to those committee members not seeking reappointment, there are many existing vacancies. A list of the anticipated vacancies is attached for informational purposes. 155 Board of County Commissioners October 25, 2019 Page Two RECOMMENDATION. The County Attorney recommends that the Board consider the list of committee members requesting reappointment, and reappoint such members as the Board deems appropriate. ATTACHMENT(S). 1. List of Committee Members Requesting Reappointment 2. List of Anticipated Committee, Vacancies (Informational Purposes Only) 3. List of Individuals Who Chose Not To Renew (Informational Purposes Only) DTR:cm 156 COMMITTEE MEMBER TERM RENEWAL FOR 2020 Committee Members who terms were due to expire in January 2020, and wish to have their term renewed. 1. AFFORDABLE HOUSING ADVISORY COMMITTEE 2 Year Terms — No Residency Requirement o Cindy Dixon — Citizen who represents employers within the County o Linda A. Morgan — Citizen residing within jurisdiction of local governing body making the appointments o Mark Seeberg — Real Estate Professional o David Washington — Essential Services Personnel 2. AGRICULTURAL ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement o Robert Adair, Jr. — Associated Industry o Rubin Koch — Irrigation Industry o Gerald "Jerry" Renick — Vegetable Industry 3. BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement o Christian Hendricks - BCC Appointee (District 5) o Francisco J. "Sammy" San Miguel - BCC Appointee (District 5) 4. CODE ENFORCEMENT BOARD 3 Year Terms — County Residency Requirement o Frank "Pete" Clement — General Contractor o David Meyers, II — Business Person CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS 3 Year (Staggered) Terms — No Residency Requirement o Cindi Dixon — General Public o Bryant Jenks — Engineer o William B. Schuh, Jr. — General Public 157 INFORMATIONAL ONLY COMMITTEE VACANCIES — BOARD OF COUNTY COMMISSIONERS (Terms expire in January 2020, unless noted as existing vacancy) • AFFORDABLE HOUSING ADVISORY COMMITTEE — 2 year term, unless otherwise noted o Citizen who is actively engaged in Banking or Mortgage Industry • AGRICULTURAL ADVISORY COMMITTEE - 2 year term, unless otherwise noted o Citrus Industry - (existing vacancy) • BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement o BCC Appointee • CODE ENFORCEMENT BOARD — 3 year term, unless otherwise noted o Member -at -Large o Architect- (existing vacancy) • CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS — 3 year term, unless otherwise noted o Mechanical Contractor - (existing vacancy) o Plumbing Contractor - (existing vacancy) • PUBLIC SAFETY COORDINATING COUNCIL — 4 year term, unless otherwise noted o Representative from county/state jobs program or other community groups who work with offenders and victims (existing vacancy) 158 INFORMATIONAL ONLY COMMITTEE VACANCIES — List of Individuals Who Did Not Renew for 2020 • AFFORDABLE HOUSING ADVISORY COMMITTEE — 2 year term, unless otherwise noted o Actively engaged in banking or Mortgage Industry: Mary Cone • BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE - 2 Year Terms — County Residency Requirement o BCCAppointee: Bob Anderson • CODE ENFORCEMENT BOARD — 3 year term, unless otherwise noted o Member -at -Large: Bruce A. Redus 159 November 19, 2019 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 13, 2019 SUBJECT: Open discussion on serving alcohol at GYAC special events FROM: Joseph E. Flescher Commissioner, District 2 Discussion Item: I'd like to have an open discussion in regard to serving alcohol at GYAC special events. 160 FDISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: November 14, 2019 SUBJECT: Collective Bargaining Agreement Between Indian River County and the International Association of Firefighters, Local 2201 INTRODUCTION: The collective bargaining agreement between Indian River County and the International Association of Firefighter's Local 2201(IAFF) expired September 30, 2019. The parties met on several occasions to negotiate a successor agreement. Tentative agreement was reached on October 23, 2019. The proposed agreement was submitted to the IAFF membership and ratified by the Union on November 1, 2019. This agreement is now presented to the Board of County Commissioners for approval. This agreement cleans up many items contained in the previous agreement in an attempt to correct some past practices that were burdensome to both the Local and the District. Below is a summary of the major changes: The Agreement is for a three year term effective October 1, 2019, through September 30, 2022. It provides for general wage increases of 3% effective October 11, 2019 and the first full pay period in October 2020 with a wage reopener in the last year of the Agreement. Contained in this Agreement is a market equity adjustment for employees (excluding new hires) which establishes a competitive salary structure allowing us to remain competitive within the local market. The adjustment will occur in April 2020 and transition the salary structure from a 17 step pay plan to a 14 step pay plan using the same minimum and maximum pay ranges. This will allow for annual movement within the pay ranges in April of each year of the contract. Eligible employees who are topped out will continue to receive $1,200 lump sum payments in lieu of the step increase. The Agreement provides for heavy-duty washers (extractors) at all current stations and the addition of 3 washer dryer units per fiscal year. The Agreement removes basic yard care from the contract in year two (2). Department personnel will remain responsible for hedge trimming and basic sprinkler maintenance. The Agreement provides for expanded shift exchange eligibility by classification. 161 • The Agreement incorporates light duty assignment for pregnancy. • The Incentive Pay article includes an increase in the maximum number of EMS Field Training Officer from six (6) to twelve (12 and continues to provide fifty-six (56) Special Operations Technicians per shift including High Angle, ARFF, Haz Mat, and Rescue Divers. • The Incentive Pay article also includes the addition of up to $10,000 (aggregate amount) available funds per fiscal year for the purpose of tuition reimbursement employees for courses related to Fire or EMS related services. Reimbursement amounts will be a percentage based on the grade achieved. FUNDING: This is a three year agreement commencing on October 1, 2019 (FY 2019/20) and ending on September 30, 2022 (FY 2022/23). The principal components of the agreement include the following: a 3% general wage increase for year one (1) totaling $730,773 and year two (2) with a single opener in the agreement for year three (3) for wages. The projected cost of the market equity adjustment, general wage increase, and top -out bonus in the current fiscal year is $1,067,393. Funds are available in the Emergency Services District to address the approved contract provisions. RECOMMENDATION: Staff respectfully recommends approval of the collective bargaining agreement between Indian River County and the International Association of Firefighters, Local 2201, approve retroactive pay for the first full pay period in October and requests the Board authorize the Chairman to sign. ATTACHMENTS: 1. The proposed changes to the Agreement between Indian River County and the International Association of Firefighters, Local 2201. 2. Letter from the International Association of Firefighters, Local 2201 on ratification of the proposed agreement. 3. Proposed Agreement between Indian River County and the International Association of Firefighters, Local 2201. 162 Attachment 1 ARTICLE 6 UNION ACTIVITY Removes all language in the last contract associated with the Firefighters Fair. A separate MOU has been developed and will be present to the BCC within the next 30 days. 6.05 Increase the number of representatives on the Labor -Management Committee from 2 to 3 for both parties ARTICLE 9 RULES AND REGULATIONS 9.03 Language change from hard copies provided to digital 9.04 Language change from hard copies provided to digital ARTICLE 12 GRIEVANCE PROCEDURE 12.02 (A) allows for e-mail notification 12.02 (E) Limits the add on of addition information during the grievance process ARTICLE 14 UNIFORMS AND EQUIPMENT Removes the uniform policy out of the CBA and places it in the Department sops. 14.06 Adds additional turnout gear laundry machines as well as commercial washer/dryers at 3 per FY for contaminated uniforms on duty. 14.07 Provides shed for the storage of turnout and other protective gear at the stations that do not have designated storage. ARTICLE 15 SAFETY AND HEALTH 15.09 Adopts the County Drug Free Workplace Program. Attachment "A" is provided to reflect current policy. 163 ARTICLE 16 HOURS 16.01 Removes the language for the Single Role Medic transitioning to Dual Certification 16.06 Allows for the use of FLEX TIME within the workweek as long as it does not create overtime. This only applies to 37.5 hour employees. 16.07 Eliminates basic yard care by the employees in 2021. ARTICLE 17 STAFFING 17.01 Modifies the four (4) hour rule to allow for in house, on duty education and training. ARTICLE 18 VACANCIES AND PROMOTIONS 18.02 Modifies the promotional exam -testing schedule if needed, to meet the Department's needs. 18.05 Changes the Paramedic certification requirement and to be dual certified from 12 months to 24 months from the date of employment. 18.06 Changes the promotional trial period from 6 months to 12 months. 18.07 Changes the promotional requirements for Fire Inspectors to Lieutenant from automatic to promotional testing. ARTICLE 19 SHIFT EXCHANGE Removes all of the language for the Firefighters Fair standby arrangements and places it in a MOU. 19.02 Cleaned up this section for shift swap. Employees with be of equal rank. ARTICLE 22 TRANSFERS Removes the right of the Local to bargain over the economic impact of a transfer. This was duplicate language in the contract. ARTICLE 24 BEREVEMENT LEAVE Changed to follow County Administrative Policy 164 ARTICLE 24 MEDICAL LEAVE AND DISABILITY LEAVE 26.06 Changes the 24 hour increment for sick leave to 12 hours. 26.09 Changes the language from days to hours but does not change the existing benefit. 26.12 Clarifies line of duty injury and light duty assignments and includes the existing pregnancy language contained in an MOU. ARTICLE 28 ANNUAL LEAVE Changes the language throughout the article from days/shifts to hours. No change in the existing benefit for shift personnel, minor change for day shift. ARTICLE 31 SCHEDULING 31.03 (C) Changes the overtime requirement for Prearranged Overtime from 4 hours to 2 hours for day shift personnel ARTICLE 33 INCENTIVE PAY Overall the number of assigned slots for incentives have not been changed but they have been reconfigured to meet the operational need of the Department. There was a reduction in some of the Special Operations sections to meet the need for two (2) additional EMS FTOs on each shift (giving a total of 4 per shift). 33.12 This is anew article that designates up to $10K annually for educational reimbursement. There are a number of stipulations contained within this article including a payback clause and defines acceptable course content. ARTICLE 34 SALARIES 34.2 Provides for a general wage increase of 3% for year land a 3% for year 2. Year 3 has a single opener for wages 34.2 (D) Converts the 17 step plan to a 14 step plan and allows for a two (2) step Market Equity Adjustment. It does not change the low or the high of the step plan and adjusts with the general wage increases. ARTICLE 36 Changes made to reflect current dates. 165 11/1/2019 Indian River .County Firefighter/ Paramedic Association IAFF Local 2201 John O'Connor Kevin Delashmutt Jack Chesnutt 111 Jamie Calloway President Vice President Vice President Secretary/Treasurer Chief T. Stone Indian River County Fire Rescue 4225 43rd Ave. Vero Beach FL, 32967 Chief Stone, As you know, Local 2201 has conducted three days of ratification voting for the tentatively agreed to contract we have both negotiated these previous months. We are happy to inform you that our membership has voted to ratify this agreement. We look forward to the Indian River County Board of County Commissioners ratifying this agreement as well. If there is anything else we can do to assist this process, please just let us know. Sincerely, Kevin Delashmutt, Vice President On behalf of President O'Connor. 1818 Commerce Avenue ■ Vero Beach, Florida 32960 Phone 772-567-2201 ■ Fax 772-778-2646 ■ Email ircffa@gmail.com ■ Website www.indianriverfire.org Affiliated with the International Association of Firefighters and the Professional Firefighters of Florida ■ AFL-CIO 166 COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION, LOCAL 2201, I.A.F.F. AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT OCTOBER 1, 2019- SEPTEMBER 30, 2022 167 TABLE OF CONTENTS Page ARTICLE 1 AGREEMENT.............................................................................................1 ARTICLE 2 RECOGNITION..........................................................................................2 ARTICLE 3 MAINTENANCE OF STANDARDS.........................................................3 ARTICLE 4 CONTRACT APPLICATION.....................................................................4 ARTICLE 5 SEPARABILITY.........................................................................................5 ARTICLE 6 UNION ACTIVITY................................................................................. 6-7 ARTICLE 7 PAYROLL DEDUCTION OF DUES.........................................................8 ARTICLE 8 BULLETIN BOARDS.................................................................................9 ARTICLE 9 RULES AND REGULATIONS.......................................................... 10-11 ARTICLE 10 MANAGEMENT RIGHTS................................................................. 12-13 ARTICLE, I I NO STRIKE CLAUSE........................................................................ 14-15 ARTICLE 12 GRIEVANCE PROCEDURE.............................................................. 16-18 ARTICLE 13 ARBITRATION.................................................................................. 19-20 ARTICLE 14 UNIFORMS AND EQUIPMENT....................................................... 21-22 ARTICLE 15 SAFETY AND HEALTH.................................................................... 23-24 ARTICLE16 HOURS................................................................................................ 25-26 ARTICLE 17 STAFFING................................................................................................27 ARTICLE 18 VACANCIES AND PROMOTIONS .................................................. 28-32 ARTICLE 19 SHIFT EXCHANGE........................................................................... 33-34 ARTICLE 20 SUBSTITUTE EMPLOYMENT...............................................................35 lu 168 TABLE OF CONTENTS (CONTINUED) SIGNATUREPAGE..................................:................................................................................666 ATTACHMENT A - DRUG FREE WORKPLACE............................................................... 67-82 ATTACHMENT B - PAY TABLES.......................................................................................... 83- 1 169 Page ARTICLE 21 WORKING OUT OF CLASSIFICATION................................................36 ARTICLE 22 TRANSFERS.............................................................................................37 ARTICLE 23 PERSONNEL REDUCTION....................................................................38 ARTICLE 24 BEREAVEMENT LEAVE........................................................................39 ARTICLE25 HOLIDAYS...............................................................................................40 ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE .............................. 41-45 ARTICLE 27 INSURANCE BENEFITS.............................................:...........................46 ARTICLE 28 ANNUAL LEAVE............................................................................... 47-48 ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY.................................................49 ARTICLE 30 COURT DUTY.................................................................................... 50-51 ARTICLE 31 SCHEDULING.................................................................................... 52-55 ARTICLE 32 MILEAGE ALLOWANCE.......................................................................56 ARTICLE 33 INCENTIVE PAY.............................................................................. 57-60 ARTICLE 34 SALARIES.......................................................................................... 61-63 ARTICLE 35 EQUAL EMPLOYMENT POLICIES..........................:............................64 ARTICLE 36 DURATION AND RENEWAL.................................................................65 SIGNATUREPAGE..................................:................................................................................666 ATTACHMENT A - DRUG FREE WORKPLACE............................................................... 67-82 ATTACHMENT B - PAY TABLES.......................................................................................... 83- 1 169 170 ARTICLE 1 AGREEMENT 1.01 This agreement is entered into between the Indian River County Emergency Services District, hereinafter referred to as the Employer, the County, the Fire District, the District, the Fire Department or the Department; and the Indian River County Firefighters/Paramedics Association, Local 2201, I.A.F.F., hereinafter referred to as the bargaining unit or Union. 1.02 The parties realize that Indian River County has the responsibility of administering the Emergency Services District. 1.03 Whenever an action is required to be performed by any particular person, by virtue of that person's office, that action may be performed by a properly authorized deputy or designee. 1.04 Whenever the words "he", "him", or "his" are used the words shall be interpreted as including the words "she", "her", or "hers". 1 171 ARTICLE 2 RECOGNITION 2.01 Pursuant to Chapter 447, Florida Statutes, the County recognizes the Union as the exclusive bargaining agent for all employees of the County in the following classifications: Firefighter Trainee, Firefighter, Firefighter EMT, Driver/Engineer, Inspector, Training Officer, Fire Investigator, Lieutenant, Captain, Captain Fire -Medic, EMS Field Supervisor, Lieutenant Fire -Medic, Engineer Fire -Medic, Senior Fire -Medic, Lead Fire -Medic, Fire -Medic, Paramedic I, Paramedic 11, Captain Fire Investigator -Medic, Captain Fire Inspector -Medic, Lieutenant Fire Inspector -Medic, Fire Inspector -Medic, Fire Rescue Training & Safety Captain, EMS QA & Training Captain, Fire Captain, Fire Lieutenant, and Captain Fire Investigator. 2.02 The Union and the County reserves the right to file with P.E.R.C. for a clarification of the bargaining unit at any time. 2 172 ARTICLE 3 MAINTENANCE OF STANDARDS 3.01 The employer will not unilaterally change, except as allowed herein or by the Florida Public Employees Relations Act, employees' wages, hours, or working conditions established by this Agreement. 3.02 Article 3.01 notwithstanding, the provisions of this Agreement and/or pre-existing working conditions, other than monetary provisions, may be temporarily suspended in response to the formal declaration of a federal, state or local emergency or natural disaster. 173 ARTICLE 4 CONTRACT APPLICATION 4.01 This contract and its interpretation, application, enforcement, and performance shall in all respects be governed by the laws of the State of Florida, ordinances and resolutions of the District and the Department of Emergency Services regulations. 174 ARTICLE 5 SEPARABILITY 5.01 The parties hereto agree that should any article, section or paragraph of this agreement be declared by a court of competent and final jurisdiction in the premises to be unlawful, invalid, ineffective or unenforceable, said article, section or paragraph shall not affect the validity and enforceability of any other article, section or paragraph hereof, and the remainder of this agreement shall remain in full force and effect. In the event any article, section or paragraph of the agreement is lawfully declared invalid, the Employer and the Union shall meet immediately to negotiate a replacement article. WR 175 ARTICLE 6 UNION ACTIVITY 6.01 The Employer and the Union acknowledge that the right of employees to work shall not be deprived or abridged on account of membership, non -membership, participation, or non - participation in any Union or organization. 6.02 The Union President or Secretary, or alternate shall be allowed up to three (3) weeks' time off to attend a union seminar, conference or convention. The time off shall be without pay and shall be considered leave of absence unless a standby arrangement has been provided. 6.03 Up to four (4) members of the Union's Negotiations Team shall be allowed time off with pay, but without overtime, for all scheduled bargaining meetings between the Union and the Employer. The Union President will advise the County of the designated negotiating team by February 1 of the year the contract expires. Such time off will only be allowed when working hours of the Employee conflict with bargaining unit negotiations. The four (4) members of the Union's Negotiations Team who were allowed time off with pay shall return to duty immediately upon the conclusion of all bargaining meetings. 6.04 By mutual agreement of the Employer and the Union, there is hereby established a Joint Labor -Management Committee, which shall consist of not more than three (3) members designated by the Union and three (3) members designated by the Emergency Services Director. The Union Committee membership shall consist of persons from within the position classification covered by this agreement, and the management membership shall consist of persons within the Department, but outside the bargaining unit as herein defined. Nothing herein requires -the attendance of the Director of Emergency Services or the Union President at any Labor -Management Committee meeting. 6.05 This Labor -Management Committee shall meet if mutually agreed to by both parties, and such meetings may be held during working hours as scheduled by the Emergency Services Director. 176 6.06 The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated or matters which have been the subject of current collective bargaining issues between the parties. 6.07 An agenda, listing the items for discussion, will be forwarded by the party requesting such meeting to the other party no later than three (3) days prior to the meeting. 177 ARTICLE 7 PAYROLL DEDUCTION OF DUES 7.01 The Employer agrees to deduct the prescribed dues and assessments from earnings of those employees who have signed individual notarized authorization cards for deduction of said dues and assessments. Said authorization cards shall be periodically certified to be current by the Union. The Employer shall remit said collections monthly to the duly designated officer of the Union. 7.02 The Union shall indemnify, exonerate, and save harmless the Employer from any claims and/or judgments against the Employer and/or Union based upon any check -off of union dues, fees, or assessments. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part on any check -off of union dues, fees or assessments. The Union shall defend the said claim, action, suit, or proceeding at its own cost and without expense to the Employer, even if such claim, suit, action, or proceeding is false, groundless, or fraudulent. 7.03 An employee transferred to a classification not in the bargaining unit, or whose employment is terminated, shall cease to be subject to check -off deduction beginning with the month in which such change in employee status occurs. 7.04 The Employer shall not be required to collect union dues in arrears. Any change in dues made by the Union will become effective after a thirty (30) day written notice by the Union to the Employer. 7.05 The Employer shall have the right to withhold any or all amounts collected under this article of the contract to satisfy any amounts owing to the Employer by the Union for violation of this agreement, as determined by a court, arbitrator, or other entity of competent jurisdiction. 8 178 ARTICLE 8 BULLETIN BOARDS 8.01 The Union may have a bulletin board in each Emergency Services station for the posting of notices. 8.02 All materials placed upon the bulletin board by the Union will be on official 1AFF letterhead and signed by the Union President or his designee. The Emergency Services Director or his designee shall be furnished with a copy of any material to be posted prior to posting. 8.03 Under no circumstances shall the Union post any notice containing material of a political nature or material tending to directly or indirectly disparage or demean the County or any of its elected or appointed officials or employees. 8.04 Material placed upon the bulletin board which fails to comply with, or violates, the foregoing may be immediately removed by the County, and the employee who placed the material may be subject to disciplinary action. 179 ARTICLE 9 RULES AND REGULATIONS 9.01 Employees shall observe the District Personnel Rules and Regulations and Standard Operating Procedures and amendments thereto, except that the disciplinary action appeals procedures contained in Sections 18.04 C (2)-(4) and 18.05, third paragraph forward, of the District Personnel Rules and Regulations shall not apply to bargaining unit employees. Failure of employees to comply with these rules and procedures may result in disciplinary actions pursuant to the above cited rules and regulations. 9.02 The Employer has the right to reprimand, discharge or otherwise discipline employees for just cause. 9.03 Should the Employer exercise its right to amend or modify the Department Personnel Rules and Regulations or Standard Operating Procedures, a digital copy of any such new (or amended) rule, regulation, policy, or procedure shall be provided to the Union at least ten (10) business days prior to implementation. Nothing herein shall restrict the Employer from implementing any new (or amended) rule, regulation, policy, or procedure prior to the expiration of ten (10) business days if operational necessity requires such earlier implementation. The union shall have the right to bargain over the negotiable impacts of the exercise of the employer's rights prior to implementation in accordance with applicable law. 9.04 It shall be the Employer's duty to see that all bargaining unit members are provided a digital set of the applicable Rules and Regulations and Standard Operating Procedures and future amendments. Copies of additional sets will be available digitally to the employee requesting them. 9.05 Bargaining unit employees shall immediately notify the Emergency Services Director when an information has been filed by a prosecuting official against him/her, when indicted by a Grand Jury, or when arrested, for any offense or violation of law. The Emergency Services Director shall determine if it is in the best interests of the County to: 180 1) Retain the employee in his/her regular position; and/or 2) Assign the employee to other duties or another position until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 3) Place the employee on leave without pay until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 4) Initiate disciplinary action up to and including termination. In the event that the employee is retained pending the resolution of the charges, and pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of the employee, or which would cause the County to be held in disrepute, the employee shall be terminated from employment. In the event that the employee is retained pending the resolution of the charges and is acquitted of all charges, or the indictment is dismissed for insufficient evidence, the Emergency Services Director shall retain the option to initiate or continue an investigation of possible administrative violations in accordance with established policy or practice. The initiation or continuation of an investigation and disciplinary process under this paragraph shall be limited to any conduct related to the criminal case that is either not charged or dismissed pursuant to plea agreement. 181 ARTICLE 10 MANAGEMENT RIGHTS 10.1 Except as specifically restricted by the provisions of this Agreement, the County reserves and retains all rights, powers, prerogatives and authority customarily exercised by Management. 10.2 Except as specifically restricted by the provisions of this Agreement, the County has the sole and exclusive right to manage and direct any and all of its operations. Accordingly, the County specifically, but not by way of limitation, reserves the sole and exclusive right to: A. Exercise complete and unhampered control to manage, direct, and totally supervise all employees of the County; B. Decide the scope of service to be performed, the method of service, and the assignment of work; C. Determine the size and composition of the workforce; D. Determine the services to be provided to the public, and the maintenance procedures, materials, facilities, and equipment to be used, and introduce new or improved services, maintenance procedures, materials, facilities, and equipment; E. Hire and/or otherwise determine the criteria and standards of selection for employment; F. Determine the number, classification, grade, and types of positions; G. Fire, demote, suspend, or otherwise discipline bargaining unit employees; set minimum performance standards for service to be offered to the public, and set procedures and standards to evaluate the employees' job performance; H. Change, modify or alter the composition and size of the workforce, including the right to relieve employees from duty due to lack of work or lack of funding or any other business and/or operational reason, and recall employees; I. Determine the allocation and content of job classifications (including qualifications and certifications) and determine all training parameters for all 182 bargaining unit positions, including persons to be trained and extent and frequency of training; Determine whether and to what exient the work required in its operation shall be performed by employees covered hereunder; K. Modify operations, duties, tasks, and/or responsibilities, temporarily or permanently, in whole or in part, due to operational requirements; determine the number, location, and operation of all divisions and all other organizational units; L. Establish, amend, revise and implement any program, policy and/or procedure, provided that such are not contrary to applicable law; M. Merge, consolidate, expand, curtail, transfer, or discontinue operations, temporarily or permanently, in whole or in part, whenever in the County's discretion business and/or operational reasons make such curtailment or discontinuance advisable; N. Contract and/or subcontract any existing or future work; O. Create, expand, reduce, alter, combine, assign, or cease any job; P. Control the use of equipment and property of the County and determine the number and classification of employees assigned to any shift, station, or piece of equipment; Q. Exercise such other management rights as set forth in Chapter 447, Florida Statutes, and/or as determined by the state or local Public Employees Relations Commission or the courts. 10.3 The above rights of the County are not all-inclusive but indicate the type of matters or rights which belong to and are inherent in the County in its general capacity as management. Any of the rights, powers, and authority that the County had prior to entering into this Collective Bargaining Agreement are retained by the County unless otherwise restricted by a specific provision of this Agreement. If the County fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the County's right to exercise any or all of such functions. Past practices of the District or Department relating to operations shall not be considered for the purpose of the specific and express limitations on management which are contained in this Agreement. 183 10.4 Nothing herein shall be deemed a waiver of the Union's right to impact bargain if, and to the extent, such right exists under applicable law. 184 ARTICLE 11 NO STRIKE CLAUSE 11.01 The Union agrees that there shall be no strike or strikes, slowdowns, or work stoppage, picketing in furtherance of any work stoppage, any cessation of work of any kind or degree, curtailment of work, or restriction of performance of duties, or any other interference or stoppage, total or partial, for any reason, which may include but not be limited to alleged violations of this agreement by the Employer. The Union will not authorize, approve, finance, aid, or condone any strike, work stoppage or picketing in furtherance of any work stoppage, by its members or employees it represents on employer or customer facilities or premises in respect to any controversy, disputes or grievances, and the Union will take immediate steps to end any work stoppages, strikes, slowdowns, or suspensions of work. 11.02 This article shall apply whether the particular matter arises from or outside of this contract. The application of the article shall not be governed or condoned either in whole or in part with the basis of the strike, work stoppage, slowdown, etc. or whether it may be arbitrated or not. 11.03 In case of violation of this article by an employee acting in the Union's behalf, the Employer shall have the right to: A. Discharge not only the instigators of the strike, but the participants as well, or any of them, at the discretion of the Employer. Allowing employees to work or return to work shall not be considered condonation of their activity in violation of the article. B. Refuse to bargain until the violation(s) cease. C. Obtain an injunction in the State Court restraining the employees and/or the Union from striking and work stoppage, picketing in furtherance of any work stoppage, or any other violation of this article without removal of the complaint to Federal Court; or 185 D. Hold the Union liable for damages resulting here from, including the costs of suits, attorney's fees for litigation and negotiations, settlements, security costs, and other costs directly or indirectly attributable to such violation as determined by the P.E.R.C., Circuit or District Court, in determining the amount of damages to be awarded, if any, the Commission or trier of fact shall take into consideration any action or inaction by the public employer that provoked or tended to provoke the strike by the public employees. 11.04 It is further agreed that the providing of fire protection services by the Employer is extremely vital to the health, welfare, and safety of the citizens of the District and any interference with such services is in violation of this article and would constitute a threat of imminent danger to said citizens and possible irreparable harm. The parties agree that should the Union, its members, persons acting in the Union's behalf, agents, employees, representatives, or officers acting in the Union's behalf violate this article not to strike, which would also violate the Constitution of the State of Florida and the Florida Statutes, or picket in furtherance of a work stoppage or violate this clause in any other manner, and said action would cause the District irreparable injury or damage, and the Employer shall have the right to seek injunctive relief pursuant to Chapter 447, Florida Statutes. 11.05 Employees who refuse to perform the regular duties of their j ob because of strike, boycott, or picket line in furtherance of any work stoppage, upon the Employer's premises, or at any other place, shall be in violation of this article and subject to layoff or discharge at the discretion of the 'Employer. Such action shall be a violation of this article, regardless of which labor organization is conducting the strike, work stoppage, picketing or labor dispute. 186 ARTICLE 12 GRIEVANCE GRIEVANCE PROCEDURE 12.01 A "grievance" is a claimed violation of this agreement, including but not limited to the claim that a discharge or other disciplinary action violated a specific provision of this agreement. No grievance will or need be entertained or processed unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee or by the union. In either case, the procedure to be followed will be the same. Grievances regarding disciplinary actions shall be initially filed at Step 2. The grievant and management may mutually agree to waive any step. 12.02 Rules of Grievance Processing — It is agreed that: A. The time limit at any stage of the grievance procedure may be extended by written mutual agreement of the parties involved in that step. An email will suffice as fulfillment of this requirement. B. A grievance presented at Step 1 and above shall be dated and signed by the grievant. A decision rendered shall be written to the grievant, with a copy to the union if it is not the grievant, and shall be dated and signed by the County's representative at that step. C. When a written grievance is presented, the County's representative shall return a dated and signed copy of it at that particular step. D. A grievance not advanced to the higher step within the time limit provided herein shall be deemed permanently withdrawn and as having been settled on the basis of the County's decision most recently given. Failure on the part of the County's representative to answer within the time limit set forth in any step will entitle the grievant to proceed to the next step. 187 E. A written grievance must set forth the following: 1. A complete statement of the grievance and the facts upon which it is based, and all materials related to the grievance shall be submitted at Step 1 of the grievance process. Information known at the time of filing presented shall be considered during the grievance resolution process. Additional information that may have been obtained after the initial filing of the Step 1 grievance may be considered as the process moves forward. 2. The section or sections of this agreement claimed to have been violated; and 3. The remedy or correction requested. F. The Union will be notified of any grievances filed by its bargaining unit employees. Bargaining unit employees cannot use the District's or County's grievance or appeal procedures for any claims falling within the definition of a grievance herein. STEPS FOR GRIEVANCE PROCESSING If a grievance arises, the grievant must meet with and discuss the grievance with the Battalion Chief in charge of the shift within ten working days of the event giving rise to the grievance. If the grievant does not have a Battalion Chief, then the grievant is to proceed to Step 1. If the grievant does not have an Assistant Chief, then the grievant is to proceed to Step 2 within 10 working days of the event giving rise to the grievance. In the event the issue in dispute cannot be resolved between the supervisor and the grievant, the grievance shall be presented in writing by the grievant at Step 1 (or applicable Step as outlined above) of the grievance procedure within five working days from the date of the supervisory meeting. Such written grievance must indicate that the matter had been reviewed with the immediate supervisor. Step 1: The grievant shall present the written grievance to the Assistant Chief. The Assistant Chief shall meet with the grievant, which a union steward or a union representative may accompany if the union is not the grievant. The Assistant Chief shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to Step 2. Step 2: The grievant shall present the written grievance within five working days from the date of the decision at Step 1 to the Emergency Services Director. The Emergency Services Director shall meet with the grievant, which a union steward or a union representative may accompany if the union is not the grievant. The Emergency Services Director shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to Step 3. Step 3: The grievant shall present the written grievance within five working days from the date of the decision at Step 2 to the County Administrator or his designee. The County Administrator (or his designee who is authorized to resolve the issue) shall meet with the grievant, which a union steward or a union representative may accompany if the union is not the grievant. The County Administrator shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the Union and only the Union except as provided by law may forward the grievance to arbitration. 189 ARTICLE 13 ARBITRATION 13.01 In the event that the grievance is not settled at Step 3 within the time allowed, it may then be submitted to arbitration. Submission to arbitration must be made within ten days of the time that the Step 3 decision was rendered; provided, however, this period may be extended upon the mutual agreement of both parties. If the parties fail to agree to the appointment of an arbitrator, the party requesting arbitration shall apply to the Federal Mediation and Conciliation Service for a list of seven arbitrators who reside in Florida. The party requesting arbitration shall strike the first name from the list, and the parties shall thereafter alternate in the striking of names. The parry requesting arbitration shall notify the last remaining person on the list of his/her selection as the arbitrator in the case. Hearings before the arbitrator shall be conducted in accordance with the rules of the Federal Mediation and Conciliation Service. Testimony shall be given under oath. 13.02 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the union and the County in writing. It shall be the obligation of the arbitrator to make a best effort to rule within 30 calendar days after the hearing and receipt of post - hearing briefs. The expenses of the arbitration, including the fee and expense of the arbitrator, shall be paid by the losing party. Any parry desiring a transcript of the hearing shall bear the cost of such transcript unless the parties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The arbitrator's decision shall be final and binding on the parties subject to any review allowed by law. 13.03 The arbitrator will be confined to the written grievance presented in Step 1 of the procedure. Additionally the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement. The arbitrator shall have no authority to consider or rule upon any matter which is not subject to arbitration or which is not a grievance as defined in this agreement; and may not interpret this agreement in a manner 190 inconsistent with the County's management rights. This Agreement may not be construed by the arbitrator to supersede applicable state or federal laws, except to the extent as specifically provided herein. 13.04 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the question that is presented, which question must be actual and existing. In any arbitration decision resulting in a retroactive adjustment, such adjustment shall be limited to ten calendar days prior to the date of the filing of the grievance. In any arbitration decision resulting in back pay to an aggrieved employee, such back pay shall be offset by interim earnings, including unemployment compensation. 13.05 The Union and only the Union shall have the exclusive right to proceed to arbitration on behalf of the bargaining unit members except where the Union refuses to represent an employee as a result of the employee not being a member of the Union. 191 ARTICLE 14 UNIFORMS AND EQUIPMENT 14.01 The Employer will allocate sufficient funds to provide an initial allotment, and replacement in accordance with Article 14.02, for trousers (style to be determined by management), shirts, t -shirts, short -sleeve and long -sleeve polo shirts, shoes, hats, job shirts, jumpsuits, cap, badge and name plate. The Employer also will provide protective clothing and devices; bunker coat and bunker pants made of Nomex or similar material, boots, helmets, shatter - resistant face shield, gloves, safety glasses for welding and metal cutting, two (2) protective hoods and any other safety equipment deemed necessary by management. 14.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with District rules and this Agreement. The aforementioned items shall be replaced upon being lost, or becoming worn or damaged as determined by management. Replacement items will be ordered within seven (7) business days of being reported lost by the employee or identified by management as.worn or damaged, unless purchasing requirements necessitate additional time constraints, in which case the items will be ordered as soon as reasonably possible. All items to be replaced must be returned to the Department before new items will be issued. Employees shall be responsible for the replacement cost for any lost items, or items damaged through the employee's negligence. Whenever practical, replacement will be made on the said employee's scheduled shift. 14.03 The Employer, upon request, will provide bed linens, consisting of pillow cases, fitted sheets and flat sheets. Such linens shall be replaced on an annual basis. 14.04 The District agrees to reimburse the full cost for eye glasses and contact lenses not to exceed Two Hundred Dollars ($200.00) and up to One Hundred Dollars ($100.00) for wrist watches, damaged in the line of duty, provided that the damage was not caused by negligence, and that adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate supervisor and approved by the Emergency Services Director. 192 14.05 The Employer shall provide and maintain a heavy-duty washer for the purpose of laundering turnout gear at all current stations and all permanent stations until completion. In addition to the extractors, the County will add 3 washer dryer units, per fiscal year, at the current stations to mitigate contaminated clothing that will occur while on duty. 14.06 The Employer shall provide storage facilities at each station based on budget requests, to house the protective clothing of firefighters assigned to that station without exposure to diesel exhaust. 193 ARTICLE 15 SAFETY AND HEALTH 15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. 15.02 The County agrees to provide safety equipment. The County agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 15.03 A workplace safety committee comprising of three Union representatives and three County representatives will meet quarterly and conduct its affairs in accordance with Florida Statute 633.810, its implementing regulations, and/or any amendments. The workplace safety committee may also meet upon mutual agreement or in the event of an employee death or injury in the line of duty. The committee may make recommendations regarding behavioral and mental health. Nothing in this article shall preclude the County's Human Resources Director, Risk Manager or designees from attending the Safety Committee meetings. 15.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions relative to disability) and Section 112.181, Florida Statutes (1997) (special provisions relative to certain communicable diseases) and 29 CFR 1910.134 (OSHA standard for SCBA mask fit testing). 15.05 The Union and the County agree to the concept of a tobacco free fire service, as supported by the Professional Firefighters of Florida. Towards that end, there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. Additionally, all bargaining unit employees hired after October 1, 2000, shall abstain, both on and off duty, from the use of tobacco products. 15.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol as set forth by the medical director. 194 15.07 The County shall provide immunizations for all employees who request to be immunized at the approval of the Medical Director and Emergency Services Director as follows: Tetanus (every ten (10) years), and Hepatitis - (Type A and B) (every five (5) years). The County shall provide testing for tuberculosis each year, and Hepatitis C once as a baseline and after each potential exposure. 15.08 The Employer agrees to provide as a minimum an annual physical for each employee. This physical shall include the same testing as is done for newly -hired employees, except that chest x-rays need not be given more than every three (3) years. The results of the physical shall be provided to the employee, Medical Director, Emergency Services Director or his designee, and Human Resources Director, but shall otherwise be confidential to the extent permitted by law. 15.09 The County and the Union agree to the Drug -Free Workplace Program as adopted by the County for all required testing positions. 195 ARTICLE 16 HOURS 16.01 A. Non -shift employees shall normally be assigned to a 37'h -hour workweek and shall be paid time -and -one-half for all hours worked in excess of 40 hours in their workweek. Shift employees shall be assigned to a schedule of 24 hours on duty followed by 48 hours off duty, and shall be paid time -and -one-half for all hours worked in excess of 212 hours in their 28 -day FLSA work period. Overtime shall be calculated in accordance with current practice. B. Non -fire certified ALS shift employees shall be assigned to a schedule of 24 hours on duty followed by 48 hours off duty, and shall be paid time and one half for all hours worked in excess of 40 hours in their 7 day work period. 16.02 All FLSA 207(k) exempt shift employees will be granted three (3) "Kelly Days" to be scheduled in such a way that one (1) "Kelly Day" is allowed each four (4) months of the fiscal year. Kelly days shall be selected during the month of September of each year with the new selections becoming effective October 1" of each year. Once a selected Kelly day becomes effective it may not be cancelled. The Kelly day may be exchanged rank for rank within the 4 month period and will be based on the operational effectiveness of the Department. Such time off shall be scheduled. Employees on light duty, while assigned to an administrative shift (i.e., 37.5 hours, Monday - Friday), shall not be permitted to reschedule their Kelly Days except when it falls on Saturday or Sunday, in which case it will be taken on the next scheduled work day. While on light duty, 8 hours of leave shall continue to be charged for full day absences and hour for hour for partial day absences. 16.03 Overtime payment shall be made in the first paycheck after the conclusion of the 28- day cycle for shift employees. 16.04 The parties recognize that the employees covered by this agreement are essential to the successful operations of County facilities and services during a declared emergency. As such, the parties agree that as a condition of these employees' employment with Indian River 196 County, they must be available and able to report to work and perform assigned duties as directed by management during a declared emergency. The failure to report to work and/or perform assigned duties as directed by management during a declared emergency will be cause for termination of employment with Indian River County. The Emergency Services Director or his designee may allow exceptions to this requirement for extraordinary circumstances at his discretion. 16.05 The County shall indemnify, exonerate, and save harmless the Union from any claims and/or judgments against the Employer and/or Union based upon the application of the FLSA 207(k) exemption. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part based upon the application of the FLSA 207(k) exemption. The County shall defend the said claim, action, suit, or proceeding against the County or against the Union at its own cost and without expense to the Union. 16.06 Non -shift employees assigned to a 37 '/2 hour workweek may, with the approval of the Emergency Services Director or designee, flex their time within a workweek so long as the flex is completed in the same workweek and does not cause or result in overtime. 16.07 In year 2, 2021, The County will eliminate basic yard care from the contract. Department personnel will remain responsible for hedge trimming and basic sprinkler maintenance. 197 ARTICLE 17 STAFFING 17.01 The Employer will maintain what it determines to be a safe and effective number of personnel at each station and sub -station during each shift. The Employer agrees with the Union that having three firefighters on an engine would be preferable to having two firefighters on an engine. The Employer will consider this fact when setting staffing levels. The Employer also agrees that no station will be reduced to under what it determines to be minimum staffing for more than four (4) hours per shift with the exception of approved in house, on duty education and training. 17.02 The County may allow eight (8) employees off on approved leave per shift. Approved leave shall be defined as Annual Leave, PT day (if any), or Kelly days. Up to two of the eight employees granted leave may be on Kelly days per shift. Kelly days shall be selected first. Any additional employee leave may be granted only with special approval of the Emergency Services Director. 198 ARTICLE 18 VACANCIES AND PROMOTIONS 18.01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole discretion of the Emergency Services Director. Should the Director decide to fill the vacancy, the filling of the vacancy shall be in accordance with the District Personnel Rules and Regulations, except as modified herein. 18.02 Promotional examinations for bargaining unit positions shall be held during the month of September. The Emergency Services Director, after consultation with the Union President, may hold promotional examinations if the available candidate pool falls below 3 eligible employees. 18.03 The Promotion Board shall be composed of the Assistant Chief, six (6) Battalion Chiefs, three (3) Captains, and one (1) member of the Union or his designee who will be elected by the bargaining unit. The Promotion Board shall rank all of the candidates, and shall forward the entire list of ranked candidates to the Emergency Services Director. The rankings shall be determined based upon a point system formulated in Article/Section 18.08 and 18.09. In order to be eligible, a candidate for the rank of Driver shall have at least three (3) years of service with the Department and a candidate for the rank of Lieutenant shall have at least three (3) years of service as a Driver with the Department. The Emergency Services Director shall select from the top three candidates the individual he believes, in his discretion, is most qualified for the position. Once the selection is made, the list shall automatically reset to advance the next highest -ranked candidate to the top three. In the event there. are fewer than three employees on the promotional list, or the list is exhausted, the Emergency Services Director shall have the authority to appoint an employee who is not on the promotional list that the Emergency Services Director believes, in his discretion, is most qualified for the position; provided that the employee selected must be qualified to work out -of -classification for the position. In appointing an employee who is not on the list, the Emergency Services Director shall consider the employee's job performance, disciplinary actions, college degrees, additional training courses, certifications, leadership, 199 attitude, attendance, and seniority. No appointed employee shall be forced to accept a promotion. 18.04 Each employee covered hereunder shall annually receive a written evaluation assessing his performance of the essential functions of the employee's job. The appraisal form shall be developed by the Employer with input from the Union. 18.05 Newly hired Firefighter/Paramedic employees shall serve an initial probationary period of one year. Newly hired employees who do not possess paramedic certification are required to attain the paramedic certification within the initial twenty-four (24) month probationary period and will serve an additional probationary period not to exceed twelve (12) month from the date of receiving paramedic certification. Within this twelve (12) month period, the employee will be required to successfully complete the required tests to obtain Medical Director approval to be released from probationary status. Newly hired probationary employees may be dismissed at any time at the discretion of the County and are not entitled to use the grievance/arbitration procedures relating to their discipline or discharge, and are not entitled to payments of sick leave or vacation leave at time of termination. Newly hired employees who do not possess Paramedic certification shall only receive a cost of living adjustment if any and will NOT receive any available step increases until such time they are certified by the State of Florida as a Paramedic. 18.06 Employees who are promoted shall serve a promotion trial period of &i* twelve months. If an employee who is serving a trial period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights. 200 18.07 Upon successful completion of their trial period, Fire Inspectors who have at least 5 years of experience with Indian River County Emergency Services will be promoted to Lieutenant Fire Inspector, only after applicable testing. 18.08 The following promotional process shall be followed: RAW SCORES: EXAM SCORES TOTAL SCORE (300 Points max) Multiple choice written test 100 Points max Practical scenario test 200 Points max TOTAL MAXIMUM RAW SCORE 300 Points The written test will be 100 multiple choice questions scored at 1 point each. The exam will be taken from job specific areas for each rank. Maximum score for written exam is 100 points. An employee who does not score an 80% (or greater) on the written exam will not be eligible to take the practical scenario test and will not be considered for the promotion. Additionally, an employee that does not score an 80% (or greater) will be excluded from working out of rank until the employee completes remedial training and is approved by the Emergency Services Director or his designee. For Officers, the practical test will be comprised of scenario -based situations that will test the applicant's oral and reasoning skills, as well as their incident management capability. For Driver/Engineers, the practical test will be comprised of two scenario- based situations (driving and pumping) that will test the applicant's oral and reasoning skills, as well as their incident management capability. As in the past, they will need to recall and verbalize their instructions based on the SOP's, meeting prescribed benchmarks, as well as using their common sense and job experience. Outside evaluators from other Fire Departments will evaluate and grade each applicant unless otherwise agreed upon. Maximum score for the practical test is 200 points. An employee who does not score an 80% (or greater) on any portion of the practical test will not be considered for the promotion. Additionally, an employee that does not score an 80% (or greater) on any portion of the practical test will be excluded from working out of rank until the employee successfully completes remedial training and is approved by the Emergency Services Director or his designee. 201 18.09 — Once the top 3 candidates are determined based upon their raw scores (written and practical scenario test), the Promotional Board will issue additional points based upon departmental service as outlined below. Additionally, the Promotional Board will consider the following factors: job performance evaluations, disciplinary actions, working out of classification, college degrees, additional training courses, and certifications in ranking the top 3 candidates. The Promotion Board will review the college degrees, additional training courses, and certifications to determine whether consideration will be given. Additionally, the Emergency Services Director reserves the right to interview .the top 3 candidates. NOTE: Ties based upon raw scores will be broken by applying years of service points for Driver/Engineer promotions and by years of service and years of rank points for Officer promotions. In the event there is still a tie, the Promotional Board will consider the resumes of the tied employees. DEPARTMENTAL SERVICE (25/50 Points max) Total years of service completed; credit is 1 point per full year. Total years in rank completed; credit is 1 point per full year. For promotion from Firefighter to Driver/Engineer, only total years of service points will be credited. For promotion from Driver/Engineer to Lieutenant, additional years in rank points will be credited for time in Driver/Engineer rank. For promotion from Lieutenant to Captain, additional years in rank points will be credited for time served as a Lieutenant. Maximum score for Service is 25 points for Driver/Engineer promotional testing and 50 points for Officer promotional testing. OTHER FACTORS TO BE CONSIDERED BY THE PROMOTION BOARD — NO POINT VALUES GIVEN: COLLEGE DEGREES BS OR BA department related AS OR AA department related 202 BS OR BA in non -department related AS OR AA in non -department related CERTIFICATIONS An approved and accredited department related certification requires an examination or review to obtain. Certifications that will automatically be approved will be listed by the Training Division. Any additional certifications may be approved or rejected by the educational committee in the future, and added or subtracted from the list as necessary. EDUCATIONAL COURSES Any documented courses given by colleges, Fire/EMS or public safety agencies, or private companies that are job related and approved by the promotional board. All employees shall have a folder created in their training file to maintain the documentation of each employee's education. The Training Division shall review all education courses/certifications to be used for consideration before the promotional board meets. It is the responsibility of each employee to present current educational documents for their resume. If the documentation is not there, it shall not be considered. 203 ARTICLE 19 SHIFT EXCHANGE 19.01 Effective the beginning of the first pay period after Union ratification and County approval of this Agreement, employees may exchange shifts up to 312 hours per fiscal year when the change does not interfere with the operations of the Fire Department, and when prior approval is granted at the discretion of the Emergency Services Director or his designee. Chit forms or any other method authorized by the Emergency Services Director shall be used for this purpose. 19.01.1 The Emergency Services Director may provide a carve out for education. 19.01.2 The Union President may assign up to seventy (70) full or partial standby arrangements. 19.01.3 Standby arrangements under Section 19.01.3 are subject to the limitations in Section 19.02; provided, however, that an employee of equal classification who has equal or higher qualifications shall be permitted to work the standby arrangement. 19.01.4 Standby arrangements under Section 19.01.3 of this Agreement shall only be used for the following: A. Executive Board Meetings (limited to Local 2201's four principal officers and Local 2201's shift stewards). B. General Union Meetings noticed to Local 2201's members. C. CBA negotiations with the District/Indian River County, including impasse hearings. D. Grievance step meetings and arbitration hearing under the CBA. E. Public meetings of the Indian River County Board of County Commissioners (limited to Local 2201's four principal officers). 204 F. Conferences, conventions, and seminars relating to union activity. G. Charitable community events and fundraisers organized by or for the benefit of a bona fide Section 501(c)(3) non-profit organization, excluding any and all forms of political activity. H. Meetings with Local 2201's attorneys regarding District/Indian River County union matters. I. Florida PERC proceedings in which Local 2201 is a party. 19.01.5 The seventy (70) full or partial standby arrangements referenced in Section 19.01.3 of this Agreement, are the maximum number allowed per fiscal year, and any unused standby arrangements shall not be rolled over to the following fiscal year. 19.02 The exchanging employees shall both be of equal classification. 19.03 Vacation leave will be charged to the employee who agreed to work the shift if the employee who agreed to work the shift calls in sick. 205 ARTICLE 20 SUBSTITUTE EMPLOYMENT 20.01 The Employer agrees not to use, assignor detail members of the bargaining unit as substitute employees to perform non-firefighting/EMS duties except where lives or property are in imminent danger. 20.02 Furthermore, the Employer agrees to use members of the Vero Beach Volunteer Fire Department as supplements to the Department only and will not replace a career firefighter with a volunteer firefighter. 20.03 Bargaining unit employees shall inform the Emergency Services Director, in writing, of any outside employment. Outside employment which interferes, or is incompatible, with County employment may be denied. No outside employment shall be performed less than eight (8) hours prior to the start of an employee's assigned shift. 206 ARTICLE 21 WORKING OUT OF CLASSIFICATION 21.01 An employee required to work temporarily at a rank higher shall receive $2.50 per hour for the period of time the employee actually works (excluding any periods of leave) worked out of classification. Solo Paramedic and ALS lead are not classifications. On -duty qualified employees whose name appears on the eligibility list (where one exists) for promotion to the next rank shall be chosen first to work out of classification. Employees having completed twelve (12) months of their promotional trial period may work out of classification if qualified by the Training Department. 21.02 Employees will be required to work out of classification if qualified when directed by the department. 207 ARTICLE 22 TRANSFERS 22.01 Employees may be allowed, at Departments discretion, to transfer between combat, fire prevention, and training, rank to rank, if a vacancy exists, provided the employee has the minimum qualifications for the position. In such a case, the employee shall be paid at the same pay step in the day shift pay plan commensurate with the position to which the employee has been transferred. 22.02 Bargaining unit employees may be transferred, at the Department's discretion, to any fire rescue position and/or shift within the Department. In such a case, the employee shall be paid at the same pay step in the applicable pay plan commensurate with the position to which the employee has been transferred. 208 ARTICLE 23 PERSONNEL REDUCTION 23.01 If a personnel reduction is necessary, the Employer shall determine the number of employees and jobs affected in the bargaining unit and retain employees on the basis of job qualifications, length of uninterrupted services as a full-time employee (seniority), and job performance. Other factors being equal in the Emergency Services Director's judgment, seniority, as defined above, shall prevail. Laid -off employees will be recalled within two (2) years of the employee's lay-off date before new employees are hired for future vacancies in the Fire Department, however, the laid -off employee must meet, as a minimum, the basic qualifications (i.e., Fire Standards Certification is current, EMT is active, and/or Paramedic License is active) they held at the time of their separation. Recalled single -role employees will not be required to enter into an employment agreement to become dual certified if recalled within the two-year period. 23.02 Laid -off employees shall retain seniority in the Fire Department for a period of two (2) years after lay-off. 23.03 An employee shall lose seniority if the employee voluntarily quits or is discharged for cause, immediately upon the employee's last day in a work status. An employee shall be considered a voluntary quit if the employee is absent three (3) consecutive duty shifts without prior approval from, or notification to, the Emergency Services Director or his or her designee. 209 ARTICLE 24 BEREAVEMENT LEAVE 24.01 Regular full time bargaining unit employees covered by this agreement shall be granted up to two shifts of leave with pay for death in their immediate family without charge to medical leave, annual leave, holiday time, or other accumulated time, subject to the terms of the applicable District Rules and Regulations. At the discretion of the Emergency Services Director or his designee, employees may split up the two shifts of leave with pay. 24.02 For the purpose of this article, the immediate family shall follow those family members identified in county administrative policy. ')A M U_.._,,...,.,... -t--,, ,-..—....l --- I1 90 days supporting their 210 ARTICLE 25 HOLIDAYS The County recognizes the following holidays and any other days authorized by the Board of County Commissioners under the auspices of the Indian River County Administrative Policy. 1. New Year's Day 2. Martin Luther King, Jr. Day 3. Good Friday 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Friday after Thanksgiving Day 10. Last working day before Christmas 11. Christmas Day 25.02 Non -shift employees shall be given time off with pay for the above holidays on the County observed day. If a non -shift employee works the holiday, the employee shall be paid the overtime rate at time and one-half for the time worked. 25.03 Shift employees not required to work on a holiday will receive twelve (12) hours pay at their regular rate for the pay period within which each holiday falls. Shift employees who are required to work on a holiday shall receive twelve (12) hours of overtime pay, as holiday pay, in addition to their twenty-four (24) hours of regular pay. 25.04 An employee must be on active pay status, or approved leave on the regularly scheduled working day immediately prior to a holiday and the regularly scheduled working day immediately following a holiday in order to qualify for the holiday time. 211 ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE 26.01 ELIGIBILITY A. Full-time permanent non -shift employees earn medical leave at the rate of one (1) work day per month starting the first full month of employment. Shift employees shall accrue medical leave at the rate of one day (12 hours) per month. For purposes of computation, one full 24-hour shift will be equal to two (2) 12 -hour medical leave days. B. Medical leave may be taken as earned during the employee's probationary period. C. Frequent claiming of benefits under this rule will constitute grounds for the assumption by the Emergency Services Director that the physical condition of the employee is below the standard necessary for the proper performance of duties. Likewise, evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the Emergency Services Director. Employees suspected of abusing leave will be placed on notice and will be required to submit a doctor's note upon their return to work. Abuse of leave shall be defined as three occurrences in a 90 day period. For shift employees, each shift or partial shift that the employee is absent shall be an "occurrence." 26.02 EARNING OF MEDICAL LEAVE An employee on medical leave for more than fifteen (15) consecutive working days shall not accrue medical leave for that period of time. 26.03 ACCRUAL A. For employees hired before the beginning of the first pay period after May 25, 2015, medical leave may be accumulated for a total of no more than 1200 hours at the employee's anniversary date. 212 B. For employees hired on or after the beginning of the first pay period after May 25, 2015, medical leave shall not exceed 600 hours at any time. 26.04. USE OF MEDICAL LEAVE MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES: A. Personal injury, pregnancy or illness not connected with work. B. Medical, dental, optical or chiropractic examination or treatment. (Refer to "D" for members of employee's family.) C. Exposure to a contagious disease which would endanger others. D. Illness of a member of the employee's immediate family who lives permanently in the same domicile which requires the personal care and attention of the employee. No more than five (5) working days a year may be taken for this purpose without approval of the Director of Emergency Services (see definition of immediate family in Article 24). E. Events in accordance with the Family and Medical Leave Act of 1993. 26.05 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave, the employee shall notify the employee's immediate supervisor or Emergency Services Director prior to or as soon as possible after time set for beginning the daily duties. An employee in a unit operating on a twenty-four (24) hour basis must notify the department within the time limit established by the Director of Emergency Services. B. Medical leave used adjacent to any other approved leave will not be authorized unless the employee submits medical certification at least 24 hours prior to reporting for work. C. Use of medical leave in the last 30 days of employment with the County shall not be permitted unless approved by the Emergency Services Director or his designee. D. Any request for scheduled medical leave authorized under Article 26.04 (B) shall be requested 72 hours in advance. 213 26.06 CHARGING LEAVE A. For shift employees, medical leave time shall be charged to the employee in 12 -hour increments unless the employee has requested approval 72 hours in advance and received approval from the Emergency Services Director or his designee to use less than 12 hours. B. For shift employees who have received approval for less than 12 -hour increments, medical leave will be charged in not less than one (1) hour minimum period for time less than one (1) day. C. For non -shift employees, medical leave time shall be charged to the employee on an hour for hour basis for approved absences. No more than one absence per work day may be charged. 26.07 RETURNING FROM MEDICAL LEAVE A. Employees on medical leave for 21 calendar days or more shall provide medical certification stating they are fit for duty at least 24 hours prior to reporting for work. 26.08 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL LEAVE Medical leave accumulated in excess of one hundred (100) days prior to the employee's anniversary date shall be compensated by paying the employee by the middle of the month following the month in which the employee's anniversary date occurs for such excess leave at the employee's regular hourly straight time pay. 26.09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE A. Employees hired on or after May 25, 2015 and who have ten or more years of service with the County at the time of separation, shall receive 100% of the base rate of pay for one-half of all unused medical leave, up to a maximum of 300 hours, upon retirement or death. B. Employees hired prior to May 25, 2015 shall receive 100% of the base rate of pay for all unused medical leave, up to a maximum of 1200 hours, upon retirement in accordance with existing retirement plans or death. 214 26.10 Disability leave with pay shall be provided by the Employer on the following basis: A. The disability resulted from an injury or an illness sustained directly in the performance of the employee's work, as provided in the State Workers' Compensation Act. B. If incapacitated for his or her regular position, the employee may be given other duties with the Fire Service for the period of recuperation, provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the Director of Emergency Services will make the employee ineligible for disability leave during the time involved. C. A physician selected by the County may be used to determine the physical ability of the employee to continue on disability leave or to return to work. D. Except as may be modified by Article 26.11, if the disability leave is approved, the first seven (7) days of the leave will be charged to the employee's medical leave or the annual leave account. After the first seven (7) days, the employee will be entitled to normal Workers' Compensation only, unless the employee elects to supplement such Workers' Compensation benefits with any accrued medical or annual leave he or she may have. In no case shall the employee's total compensation from county pay and Workers' Compensation exceed his or her normal compensation. E. No new medical leave shall be accumulated during the period an employee is off the job due to injury. F. At any time during the period of disability, any case may, upon request, be reviewed by an authorized County physician who shall provide the Director of Emergency Services with an assessment on the likelihood of the employee returning to work. 215 26.11 In the event of a combat injury, generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave. This coverage will be extended to other hazardous activities, if approved by the Director of Emergency Services, after a request for approval of such paid disability has been made by the union president. The Director's approval shall not be unreasonably withheld. 26.12 Bargaining unit employees who, in the line of duty, incur an illness, injury, or condition that restricts the employee from being able to perform his or her regular duties and responsibilities may be reassigned to a light duty position within the Department so long as, (1) The employee's work restrictions permit such work and (2) The Emergency Services Director determines such a position to be available within the Department. (3) Reassignment to light duty will also be considered for pregnancy under the provisions of this article. Other conditions, illnesses, or injuries that are not in the line of duty will not qualify for light duty assignments. 26.13 Bargaining unit employees shall be eligible for Family and Medical Leave, in accordance with, and under the terms of, the Family and Medical Leave Act of 1993 (FMLA). FMLA leave shall run concurrently with all other paid and unpaid leave for FMLA-qualifying absences, and all absences from work for FMLA-qualifying reasons, whether paid or unpaid, will be charged against the employees' FMLA leave allotment. Employees on Family and Medical Leave are required to use all paid leaves before going on leave without pay. 216 ARTICLE 27 INSURANCE BENEFITS 27.01 The County shall provide insurance for all bargaining unit employees and their dependents in the same manner as the County's general non -bargaining unit employees, including the retiree health insurance subsidy, hospitalization, and medical insurance. 27.02 The County shall maintain in full force and effect, and pay all premiums for, a life insurance policy on the life of each employee, payable to a beneficiary designated by the respective insured employee. Such life insurance policy shall be based on an amount equal to the employee's annual salary to the nearest high thousand as of the month following the payroll change. 27.03 Separation shall be effective as of the date of death. All compensation and benefits due to the employee as of the effective date of separation shall be paid to the beneficiary, surviving spouse, or estate of the employee as determined by law or by executed forms in the employee's personnel folder. 217 ARTICLE 28 ANNUAL LEAVE 28.01 Employees in the bargaining unit shall be entitled to accrue paid annual leave on the following basis: 1. 132 hours vacation for shift employees 75 hours vacation for non -shift employees shall be earned each year for the first five (5) years of continuous employment commencing with the anniversary date. 2. 192 hours vacation for shift employees 112.5 hours vacation for non -shift employees shall be earned at the start of the sixth year of continuous employment through the end of the tenth year of continuous employment. 3. For each additional year of continuous employment, employees shall earn an additional day of vacation up to the maximum hours per year based on the calculations below CONTINUOUS EMPLOYMENT 11 YEARS 12 YEARS 13 YEARS 14 YEARS 15 YEARS ANNUAL HOURS EARNED SHIFT NON -SHIFT 204 128 216 135.5 228 143 240 150.5 252 158 28.02 For employees hired prior to May 25, 2015, 504 hours may be carried over from year to year; and for employees hired on or after May 25, 2015, 360 hours may be carried over from year to year; however, an employee shall not be allowed more than 360 hours annual leave in a one-half (1/2) year period. 218 28.03 For employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement, employer rules and regulations will apply regarding notification and/or pay for annual leave earned above 500 hours. Employees retiring after entering the DROP will be eligible to receive up to 300 hours of leave upon separation. Employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement will be eligible to receive payment for accrued annual leave up to 500 hours, or the maximum hours allowed by the Florida Division of Retirement at the time, whichever is less, in total. 28.04 Employees with the most time in total service years will be given preference when granting annual leave, during the seniority months (November, February, May, August). Bargaining unit employees may cancel annual leave that has been approved through the Seniority Month selection process either during the Seniority Month in which it is granted, or at any time up to six (6) weeks prior to the date that the annual leave is to be taken, whichever is greater. Annual leave that has been approved through the Seniority Month selection process may not be cancelled other than as provided in Article 28.04, except as authorized in writing by the Emergency Services Director, or designee, in his sole discretion. The Emergency Services Director's decision to authorize or not authorize the cancellation of annual leave shall not be grievable. Notwithstanding their ability to cancel annual leave as provided in Article 28.04, bargaining unit employees who use the Seniority Month selection process shall continue to be required to use a minimum of two consecutive shifts of annual leave. 28.05 Non -shift employees shall receive one (1) personal day to be used within each calendar year in accordance with the vacation policy. 28.06 Non -shift employees shall be allowed to utilize annual leave in one (1) hour increments. 219 ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY 29.01 The decision to grant leave without pay (leave of absence) is a matter of administrative discretion. It shall be incumbent upon the Emergency Services Director to weigh and determine each case on its own merit. Any leave of absence for a period of thirty (30) days or more must have the approval of the Emergency Services Director. Any appointment made to a position vacated by an employee on leave without pay shall be conditional upon the return of the employee on leave. 29.02 Any employee granted a leave of absence shall contact the Emergency Services Director at least two (2) weeks prior to the expiration of the approved leave in order to facilitate the reinstatement process. 29.03 Failure to return to work at the expiration of the approved leave shall be considered as a resignation. 29.04 No medical leave or annual leave will be earned by an employee for the time that the employee is on leave without pay. 29.05 Leave without pay shall not constitute a break in service, but time off will not be credited toward retirement. 29.06 Fringe benefits can be continued at the expense of the employee on any leave of absence over thirty (30) days. 220 ARTICLE 30 COURT DUTY 30.01 COURT LEAVE A. Employees attending court as a witness on behalf of a public jurisdiction or for jury duty during their normal working hours shall receive full pay equal to their normal work schedule for the hours they attend court. This time shall be charged as paid court leave. Remuneration paid by the court shall be turned over to the Employer. B. All permanent full-time employees subpoenaed to attend court on behalf of the Employer are eligible for paid court leave. Any remuneration paid by a third party in conjunction with such appearance shall be turned over to the Employer. C. Those employees who become witnesses, plaintiffs, or defendants in the matters unrelated to the Employer are not eligible for paid court leave. Employees who are parties against the County in any proceeding, or who appear without subpoena as witnesses for a party against the County in any proceeding are not eligible for paid court leave. D. Nonexempt employees who attend court representing the Employer on their day off will be compensated in accordance with the overtime provision. However, every attempt should be made not to schedule a court appearance on the employee's day off. E. Employees who attend court for only a portion of a regularly scheduled work day are required to report to their supervisor within a reasonable period of time of being excused or released (other than for the night) by court. The failure to so report will be cause for disciplinary action, including termination 221 of employment. Employees released for the night who are required to report back to the court following day shall not be required to return to work. F. Employees who attend court on behalf of the County, while on scheduled vacation, may be allowed to take additional leave with pay for the court time. G. In the event a holiday occurs during the period of an employee's jury duty, he or she shall receive pay for the holiday. H. All court attendance must be verified before an employee shall be compensated. Monies received from court appearances will be turned over to the Employer. 222 ARTICLE 31 SCHEDULING 31.01 DISTRIBUTION OF OVERTIME All additional scheduling will be distributed equally by classification to the best ability of the supervisor in charge, except where operational needs dictate otherwise, using a computer- generated overtime list or graphical presentation posted daily in real time by the supervisor in charge as a guide for such distribution. In compiling the posted overtime list, the following conditions will be adhered to: A. All assigned additional hours worked by the employee will be included in totals shown on the above posted list. B. When an employee enters a new classification, the employee will be placed on the scheduling list at the highest overtime of the classification entered on their shift. C. If an employee refuses additional hours which the Employer gets someone else to perform, the additional hours will be charged against the employee who refused. If an employee is in line for an additional hours assignment because of the position on the list, the employee will not be charged as having refused the assignment if the employee cannot be contacted. D. If an employee is on approved leave, other than Kelly Day, they will not be offered hours. This is not to be interpreted as meaning that an employee is not subject to call-back while on approved leave. For distribution of additional hours an employee shall be considered on approved leave from the time the employee finishes work on the last scheduled work day before going on vacation until the employee's scheduled starting time on the first scheduled work day after the employee's vacation. 223 E. At the end of the payroll period nearest the end of each fiscal year, the accumulated additional hours of the lowest employee in each classification (excluding employees who are ineligible for overtime) shall be deducted from the standings of all others in the classification at that location. F. It is expressly understood that reliable, prompt service is a priority responsibility to the public we serve. It is expected that all employees will respond when an emergency or bona fide need exists. The failure to so respond, except as covered in (D) above, will be cause for disciplinary action, including termination of employment. 31.02 PROPER FILLING OF AND DISTRIBUTION OF ADDITIONAL HOURS A. All call -out additional hours will be filled by the off going shift. Prearranged additional hours shall be offered to employees with the lowest hours of that classification. The Captain shall attempt contact with up to three employees with the lowest hours in that classification. If unable to contact and/or secure consent to accept assignment to prearranged additional hours, the Captain may hold over other qualified employees. B. Additional hours will be called within the classification creating the overtime first. Solo Paramedic and ALS lead are not classifications. If all employees within that rank refuse then only those employees one classification below who can work out of rank will be called. If those employees refuse, then the employee with the lowest number of occurrences as reflected on the mandatory list within the original classification causing the coverage and not on approved leave will be assigned the additional hours in a mandatory status. C. At the beginning of the first pay period after ratification of this Agreement by both parties, mandatory coverage lists will be established for each bargaining unit classification based upon inverse seniority (from least senior employee to 224 most senior employee) within the classification. When employees are promoted to a classification, they shall be placed into the list based on their date of hire. Each mandatory overtime assignment worked in the amount of 12 or more continuous hours shall be counted as an occurrence. After each occurrence, the employee shall be moved to the bottom of the list. If an employee is ineligible to work the mandatory coverage assignment, they will not be charged an occurrence. Employees who, for 30 consecutive calendar days or longer, are on workers compensation leave, workers compensation/medical light duty assignments, FMLA, or sick leave will have mandatory coverage occurrences credited to them as their names come up within the rotation so that they are not required to work multiple mandatory coverage assignments when they return to full duty. D. The Emergency Services Director may authorize a special event assignment when needed under special circumstances. The staffing of these events will be handled as outlined in Article 31. Mandatory assignments pursuant to this subsection (D) shall be considered an occurrence of mandatory coverage regardless of the number of hours. 31.03 CALL -OUT AND PREARRANGED SCHEDULING A. When an employee is required to report for work at a time other than the employee's regular work schedule, it shall be considered: 1. A call -out, if the employee has less than twelve (12) hours' notice by the Emergency Services Director or authorized representative; or 2. Prearranged coverage if the employee has twelve (12) hours' or more notice. B. On a call -out, the employee shall be paid a minimum of three (3) hours at time and one-half as time actually worked, except that if the employee is called out before the employee's regular starting time and works through the 225 employee's regular work period, then only time actually worked shall be allowed. Time shall start at time of initial contact (unless the employee fails to report to work within a reasonable period of time after contact, whereupon time shall start at a reasonable period of time before appearing at work) for purposes of computing time worked and/or paid and shall end upon sign -off at work headquarters. C. In the case of prearranged overtime, the employee shall be paid a minimum of four (4) hours for 5.6 hour employees and 2 hours for day shift assigned employees (except in the case of meetings, two (2) hours), except if the employee is required to report before the employee's regular starting time and works through the employee's regular work period or is required to continue after the employee's regular quitting time, then only time actually worked or spent in meetings shall be allowed. Pay under this paragraph cannot be converted to compensatory time. D. No employee will be called back to work during the employee's vacation period, unless an extreme emergency has been declared. 1. An employee's vacation period will begin on the instant the employee finishes the last hour of regularly scheduled work. 2. An employee's vacation period will end on the first hour of the employee's scheduled return to work date. 3. In the event an employee is called back from vacation out of town, the District will assume all costs involved in transporting the employee to and from the vacation site. 226 ARTICLE 32 MILEAGE ALLOWANCE 32.01 Employees temporarily assigned from one station to another station necessitating travel between stations will be compensated at the County's reimbursement rate if the employee chooses to use the employee's personal vehicle. Employees who choose this option must comply with the minimum county insurance requirements. If the employee chooses not to use the employee's own personal vehicle, it shall be the responsibility of the District to provide transportation between stations and back. 32.02 Application for mileage reimbursement and/or travel must be made within thirty (30) calendar days of the reimbursable travel. No mileage reimbursement will be paid in the absence of a timely request. 227 ARTICLE 33 INCENTIVE PAY 33.01 An employee of the District who has successfully completed a certified diver's course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi-weekly. 33.02 An employee of the District who has successfully, completed a certified Smoke Diver's Course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi- weekly. 33.03 A. An employee of the District who has completed a total of eighty (80) hours in courses approved by the Educational Committee will receive a pay increase of ten dollars ($10.00) bi-weekly. The courses for which the employee seeks educational incentive pay must be approved by the Educational Committee prior to enrollment. There will be a maximum of four (4) eighty hour blocks per employee. B. The hours involved in the Fire Fighters State Minimum Standards Basic Recruit Training are excluded from this agreement. C. The Educational Committee will consist of the Fire Chief, Assistant Fire Chief and two (2) members of the bargaining unit. Should the vote of the Committee end in a tie, the Fire Chief shall be given another vote to break the tie. This committee will establish criteria for sections 33.08 and 33.09. 33.04 All personnel that are certified in Heavy Rescue as of 09/30/85 will continue to receive twelve dollars ($12.00) bi-weekly for that certification. 33.05 The incentives offered in this article (from 33.01 through 33.04) shall be available only for employees who have qualified for the particular incentives by March 24, 1994. 33.06 An employee who is qualified and certified as a Paramedic may assume the duties of the E.M.S. Field Training Officer and shall receive a pay increase of sixty dollars ($60.00) bi- 228 weekly. There will be a maximum of twelve (12) E.M.S. Field Training Officers in the department_ 33.07 Four (4) Special Operations F.T.O.s per shift, total of 12 slots, shall receive sixty dollars ($60.00) biweekly. FTO assignment shall be made by management on a fiscal year basis. Employees who are not selected to retain FTO status will not be eligible to continue to receive the biweekly incentive. 33.08 Fifty six (56) Special Operations (Technician Level) per shift consisting of 11 High Angle, 11 ARFF, 17 Haz Mat, 17 Rescue Diver, for a total of 168 slots, shall receive thirty-five dollars ($35.00) biweekly, so long as they maintain their certifications. Only one incentive per person. 33.09 Non -shift employees shall be eligible for one (1) pay increase of twenty-one dollars ($21.00) biweekly (maximum of six individuals) when they become certified in one of the following areas: State of Florida Instructor II or III State of Florida Inspector II or NFPA Certified Inspector I State of Florida Investigator II or IAAI Certified Investigator NFPA Certified Fire Plan Examiner I or NFA Plan Review for Inspectors 33.10 Effective October 1, 2016, there will be no more Solo Paramedic incentive slots created and Solo Paramedic incentive slots that are vacated will not be filled. Individuals currently filling a Solo Paramedic incentive slot and receiving Solo Paramedic incentive will be grandfathered in and continue to receive the Solo Paramedic incentive pay and be eligible to progress in accordance with the grandfathered schedule below. Months of Service Non 7(k) Exempt 7(k) Exempt o 0 — 36 months $10.80/day $12/day o 37 — 72 months $15.12/day $16.80/day o Over 72 months $19.44/day $21.60/day The amount of additional pay for grandfather Solo Paramedic status shall be paid bi-weekly as long as the employee maintains their solo paramedic status. 229 33.11 When needed to staff ALS stations and/or apparatus, the County may assign qualified individuals to work as the ALS lead. One ALS lead will be assigned per ALS apparatus. Qualified individuals are those individuals who are grandfathered in and receiving Solo Paramedic incentive and those individuals who are approved by the Medical Director. Individuals serving as the ALS lead, who are not already receiving Solo Paramedic incentive, shall be paid $1.50 per hour incentive pay for each hour working as the ALS lead. The ALS lead is an assignment not a classification. Assignment is made in the sole discretion of management and is not subject to equal distribution among eligible individuals. If qualified by the Medical Director, the employee may not reject the assignment. 33.12 -The County shall make available up to $10,000 per fiscal year for the purpose of reimbursing employees for tuition expenses. Reimbursements shall be evaluated and approved based on the criteria below on a first come, first serve basis. Only the cost paid for tuition based on the grade criteria below will be eligible for reimbursement. The courses for eligibility MUST be related to the program of fire or EMS related services. Elective courses and general education courses are not eligible. A. The employees must first received written approval prior to taking the course. B. Must have 3 years of service with Indian River County Fire Rescue Division. C. Must execute a payback agreement with the County. 1. If the employee leaves employment within two (2) years, they will be required to repay the entire cost of reimbursement. Reimbursement will follow the below schedule: "A" - 80% Reimbursement "B" - 65% Reimbursement "C" - 50% Reimbursement 230 No reimbursement will be offered for grades lower than a "C" The official grade -reporting document for each class must be provided for reimbursement consideration. 231 ARTICLE 34 SALARIES 34.1 Upon receiving Firefighter certification, Paramedic I will be placed in the Dual Certified pay scale, effective the first day of the next 28 -day cycle. Upon becoming Firefighter certified ALS personnel will be converted using a 52.5% rate. They will be placed in the step plan based on their years of service. In the event that the converted pay rate is higher than the step they are placed in, their pay will remain at the converted rate until such time that the range or their subsequent step increase is greater than the converted rate of pay. New hires who possess only firefighter certification and do not possess paramedic certification will be hired in at $2,000 below the entry level for dual certified positions and will be required to become dual certified within 24 months of hire. Upon attainment of dual certification, their pay will be increased to the entry level rate for a dual certified position. 34.2 Bargaining unit employees will be provided wages as follows: A. For Fiscal Year 2019-20, effective the first full pay period in October, all bargaining unit employees shall receive a 3% general wage increase (except single certified probationary employees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position). The general wage increase will adjust the minimum and maximum of the respective pay plan. B. For Fiscal Year 2020-21 effective the first full pay period in October, all bargaining unit employees shall receive a 3% general wage increase (except single certified probationary employees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position). The general wage increase will adjust the minimum and maximum of the respective pay plan. C. For Fiscal Year 2021-22, the parties mutually agree to reopen this section and 232 collectively bargain future general wage increases and pay scale adjustments for the remainder of the term of this agreement. Such negotiations shall commence on or before June 15, 2021, unless the parties mutually agree to a later date. D. The County and the Union currently use a 17 step pay plan that provides for movement within the designated classification. The County and the Union agree to the following changes to the existing step plan: a. Using the adjusted 17 step plan, the first full pay period in April 2020, each employee represented by this agreement (unless otherwise stated) will receive a market equity adjustment equal to 2 steps within their existing classification in the 17 step plan. Using the minimum and maximum of the 17 step pay plan, a 14 step plan will be established with equitable percentage increases between the steps (See Exhibit B). Employees will then be placed in the 14 step plan, incorporated into the agreement as Exhibit B, in the step that is closest to the employee's new annual salary after the 2 step equity adjustment. If the new salary is less than the average between two steps, employee will be placed on the lower step. If the new salary is greater than the average between two steps, employee will proceed to the next step. New hire employees who are dual certified at the time of the equity market equity adjustment and are in step one, shall advance one step under the market equity adjustment and be placed in step two of the 14 step pay plan. New hire employees, who have not attained paramedic certification as of the first pay period in April 2020, will not be eligible for the market equity adjustment until attainment of the paramedic certification. Their salary will remain $2,000 below step one in the 14 step pay plan. In FY 2019-20, effective the pay period following attainment of paramedic certification, new hire employees who attain paramedic certification shall have their pay increased to the entry level rate for a dual certified position and advance to step two in the 14 step plan, Topped out employees who did not receive a market equity adjustment as a result of placement in the 14 step pay plan, shall receive a $1,200 lump sum payment not added to their base pay to be paid in the first full pay period in April 2020. 233 E. Effective the first full pay period of April 2021 and April 2022 all non -topped out bargaining unit employees, except new hires who have not attained dual certification, will proceed to the next step of their respective pay plan. Topped -out employees shall receive a $1,200 lump sum payment not added to their base pay to be paid in the first full pay period of April 2021 and April 2022. New hire employees, who have not attained paramedic certification as of the first full pay period in April 2021 and 2022 respectively, will not advance to the next step of their respective pay plan until paramedic certification is attained (not to exceed 12 months from date of hire). Upon attainment of paramedic certification, their pay will be increased to the entry level rate for a dual certified position and the employee will receive the step increase effective the first full pay period following attainment of the paramedic certification. F. Step moves, cost -of -living increases, general wage increases, pay scale adjustments or lump sum payments, if any, after September 30, 2022 shall be established through collective bargaining for a successor Agreement. G. In the event of promotion, the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. In the event the same step of the pay plan does not exist for the higher rank, the employee shall move to the lowest step of the higher rank and shall not be eligible to receive the first subsequent step increase provided in 34.2 D and E. 234 ARTICLE 35 EQUAL EMPLOYMENT POLICIES 35.01 It is the continuing policy of the District to promote the concepts of equal opportunity for all of its employees and applicants for employment. 35.02 The District will continue to recruit, hire, train, and promote on merit principles, persons in all job classifications without regard to race, color, religion, sex or national origin, except where sex is a bona fide occupational qualification. 35.03 Decisions on employment will be based on the principles of equal employment opportunity. 35.04 All personnel actions such as compensation, benefits, transfers, layoffs, return from layoffs, sponsored training, education, social and recreational programs, will be administered without regard to race, color, religion, sex or national origin. 235 ARTICLE 36 DURATION AND RENEWAL 36.01 This Agreement shall be in full force and effect from the date of ratification by both parties to September 30, 2022. This Agreement shall continue in effect from year-to-year thereafter unless amended or terminated in the manner hereinafter provided. Either parry desiring to amend or terminate this contract shall notify the other parry in writing by February 1 of the year in which the contract expires. 36.02 If the parties do not reach agreement by contract expiration, the existing terms and conditions shall continue, unless otherwise specified until a new Agreement is reached or the impasse is resolved. 36.03 The Employer shall not reduce the staff levels as they existed upon the signing of this agreement, with the exception that staff levels may be reduced only as a result of attrition and the Employer will not institute layoffs in the event it limits its fire fighting/EMS activities. 36.04 The Employer agrees that its operations, or any part thereof, shall not be merged, assigned or otherwise transferred without first securing the agreement of the new employer to assume the Employer's obligations under this Agreement. 236 SIGNATURE PAGE INDIAN RIVER COUNTY FIREFIGHTERS/ PARAMEDICS ASSOCIATION, LOCAL 2201, I.A.F.F. President Negotiating Committee Member Negotiating Committee Member Negotiating Committee Member INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT Chairman, Bob Solari Board of County Commissioners Jason Brown, County Administrator Witness Negotiating Committee Member DATE DATE Ratified by the Union on the —day of , 2019 Confirmed by: John O'Connor President 237 Attachment A Indian River County, Florida Emergency Services District Sixty (60) Day Notice of Drug -Free Workplace Program For Local 2201, IAFF Collective Bargaining Unit Employees The District is committed to maintain a safe, healthy, and productive work environment for its employees; to provide professional services for its citizens; to maintain the integrity and security of its equipment and workplace; and to perform all these functions in a fashion consistent with the interests and concerns of the community. The District believes that there is potential for serious consequences to your employment security, and our business, due to drug and alcohol use and/or abuse by employees, which has been shown to increase safety risks and absenteeism while decreasing productivity and quality. Pursuant to the District's philosophy and goals, it is codifying a Drug -Free Workplace Program to ensure that we will have a drug-free workplace. This program is intended to satisfy the Drug -Free Workplace Program requirements set forth in 440.102, Florida Statutes, and Rule 59A, Florida Administrative Code. It is the policy of the District that unlawful possession, use, being under the influence, consumption, sale, purchase, distribution, dispensation, or manufacture by any employee of alcohol or any illegal drugs or illegally obtained drugs in the workplace, on District premises, or within its facilities, in the conduct of District -related work off District premises, or when operating District vehicles on or off duty is strictly prohibited and will be grounds for immediate termination. Nor will the District permit any employee to report to work or to perform his or her duties while taking prescription or non-prescription medication which adversely affects the person's ability to safely and effectively perform his or her job duties. Employees are required to notify supervisors of all such medication use. It is a condition of employment to abide by the terms of this policy. In furtherance of its Drug -Free Workplace Policy, the District will institute drug and alcohol testing procedures beginning October 1, 1998. Under this testing program, special -risk and safety -sensitive candidates for employment, as well as current employees under certain limited circumstances (i.e., for cause, fitness for duty and post accident), will be subject to alcohol and drug testing. A complete copy of the District's Drug -Free Workplace Program will be provided to each employee and applicant in advance of the program's commencement date. It is the District's desire that individuals voluntarily address and resolve any drug and alcohol-related problems on a confidential basis. Should an employee realize that he or she has developed a dependence on drugs, alcohol, or any controlled substance, he or she is advised to seek rehabilitation voluntarily (without disciplinary penalty), prior to any management action. In order to provide an effective means of helping employees deal with drug/alcohol use and/or abuse, which may be interfering with their job performance, the District has an Employee Assistance -Program (EAP) provider, Health Advocate (EAP), which offers employees and their families substance abuse treatment and rehabilitation services. Information on these services is available from the District at 226-3900, at the Director's Office, Fire Chief at 226-3859, or the Assistant Chief at 226-3465. We would like to have the opportunity to answer any questions anyone might have prior to the effective date of the program. If you would like to discuss the policy (on a confidential basis), please contact the Emergency Services Director, or his or her designee, at any time. 68 238 We do appreciate your work on behalf of the District and ask your assistance in keeping the workplace free of alcohol and drug-related problems. 69 Jason Brown, County Administrator 239 Policy Statement To ensure a workplace free from the influence of illegal drugs and alcohol abuse, the following revised policy has been established. As in the past, the policy applies to all employees, supervisors, and managers. Any violation of the Policy will result in discipline, up to and including termination of employment. The District is committed to providing a safe work environment for employees, guests, community, and the public. The abuse of alcohol and drugs is a national problem which impairs the safety and health of employees, promotes crime, and harms the community. In order to maintain the highest standards of morale, productivity and safety in its operations, the District has'previously implemented a drug and alcohol free workplace policy. With the cooperation and assistance of its employees, the District will continue its program designed to provide a safe workplace environment free from drugs and alcohol use and/or abuse. The District recognizes that alcohol and drug dependency require medical supervision and treatment if there is to be successful rehabilitation. The District's desire and intent is to encourage any employee with alcohol or drug dependency to enter, voluntarily, a drug or alcohol rehabilitation program. It is the responsibility of each employee to initiate and obtain assistance before any difficulties with drugs or alcohol affects his or her work. Accordingly: This policy satisfies the requirements of the Florida Drug -Free Workplace Program, as provided in Section 440. 101, et sec., Florida Statutes. This Drug -Free Workplace Policy and Work Rules require all employees to be free from the influence of drugs and alcohol while working or while in District property. The use, possession, sale, distribution, or manufacture of any drugs, and/or the unauthorized possession and/or use of alcohol, while working or while on District property, is prohibited. All special risk and safety sensitive job applicants will be tested for drugs prior to being employed. All employees will be subject to drug and alcohol testing upon reasonable suspicion, as defined herein, and as a follow-up to release from a rehabilitation program. All employees are encouraged to be aware of the effects of, and to advise their supervisor when taking, prescription medication which may affect their performance at work. 70 240 Rules on Drugs and Alcohol Employees of the District are hereby notified that it is a condition of employment for each employee to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body. It is not the intent of the District to intrude into the private lives of its employees. However, the effect of drug and alcohol . use, abuse, and/or dependency on safety, work quality, increased medical expenses, and lost productivity requires that this policy be implemented. The following rules apply under the District policy: 1.0 Pre -Employment Conditions 1.1 The following pre-employment conditions are established to determine the suitability of employees to work for the District. 1.2 All job applicants must submit to a drug test prior to starting employment in that position. Any job offer which a job applicant may receive from the District is contingent upon the applicant successfully completing the drug test. 1.3 Any job applicant who refuses to submit to drug testing as part of the pre-employment testing process will be refused employment. Any job applicant who tests positive for drugs will be refused employment at that time. Confidentiality will be maintained pursuant to this Policy. 1.4 The District will not discriminate against an applicant for employment because of the applicant's past addiction to drugs or alcohol. It is the current use/abuse of drugs or alcohol that will not be tolerated. 2.0 Conditions of Continuing Employment 2.1 Each employee will receive a copy of the Drug -Free Workplace Policy and must abide by the Policy. The rules contained in the Policy are to be considered conditions of continuing employment and are to be consistently followed. Any violation of these conditions of continuing employment will result in disciplinary action, up to and including termination of employment. 3.0 Prohibition of Possession, etc. 3.1 The unlawful manufacture, distribution, dispensation, possess, sale, or use of any drug or un prescribed, controlled substances and/or unauthorized possession or usage of alcohol by employees while working or when on any District property, including parking lots, are strictly prohibited. 4.0 Prohibition of Drug or Alcohol Use 4.1 All employees are prohibited from being at work or on District property, including parking lots, with the presence of any drug or its metabolite, as set forth herein, in the employee's body. Any employee who has a confirmed positive test of a drug or its metabolite at the levels defined herein will be presumed to be under the influence of a drug and in violation of District Policy. 4.2 All employees are prohibited from being at work or on District property, including parking lots, with the presence of alcohol, as set forth herein, in the employee's body. Any employee who has a confirmed positive test of alcohol at the levels defined herein will be presumed to be under the influence of alcohol and in violation of District Policy. 71 241 5.0 Requirements to Report Medication Use 5.1 The District does not prohibit the use of a drug (prescribed medication) which has a currently accepted medical use, provided: (a) The drug is prescribed or authorized for an employee by a licensed practitioner; and (b) The use of the drug at the prescribed or authorized level is consistent with the safe performance of the employee's duties; and (c) The drug is used at the dosage prescribed or authorized. 5.2 Employees are encouraged to notify their immediate supervisor when reporting for work or during the course of a work shift if the use of any prescription or non-prescription medication may adversely affect his or her ability to satisfactorily and safely perform his normal job duties (e.g., including but not limited to drowsiness). Employees in safety sensitive or special risk positions are required to provide their supervisor with such information. 6.0 Employee Drug and Alcohol Testing 6.1 Employees will be required to submit to drug and/or alcohol testing upon reasonable suspicion as defined in this Policy and after release from a drug or alcohol rehabilitation program unless the employee voluntarily entered the program. If follow up testing is required, it must be conducted at least once a year for a 2 -year period after completion of the program. Advance notice of a follow up testing date must not be given to the employee to be tested. 6.2 Confidentiality will be maintained at all times to the extent permitted by law. 7.0 Employee Drug or Alcohol -Related Criminal Charges or Arrests 7.1 Employees are required to notify the District of any criminal drug statute -related criminal charge of arrest no later than five (5) days after such charge has been filed. Employees in positions which require driving a District vehicle on District business must notify Personnel of any drug or alcohol-related arrest (e.g., including but not limited to Driving While Under the Influence) on the next workday. 7.2 The District will take appropriate action with respect to an employee who is so charged, which action may include transfer to a non safety sensitive or non special risk position in alcohol-related cases or discipline in cases related to illegal drugs. 7.3 Employees are required to notify the Emergency Services Director, or his or her designee, of the outcome of all criminal drug statutes or alcohol-related criminal charges no later than five (5) days after any change in status of such charges. This includes notification of a conviction, a plea of guilty, an adjudication of guilty, a plea of nolo contendere, adjudication withheld, an acquittal, or a dismissal of the charges. 7.4 The District will take appropriate disciplinary action against such employee within thirty (30) days of receiving notice of the outcome or any change in the status of such criminal drug statutes or alcohol-related charges. 72 242 Rehabilitation Procedures 8.1 An employee who is experiencing problems as a result of drug and/or alcohol abuse should contact the Emergency Services Director, or his or her designee, for referral for treatment and/or counseling. This discussion will be kept confidential. Supervisory personnel may be notified when treatment or rehabilitation will require absence from work. 9.0 Employee Education and Referral Program 9.1 It is the responsibility of each employee to seek assistance before drugs and alcohol use or abuse leads to disciplinary problems. Employees who may require assistance for substance dependency and related program are encouraged to seek assistance and information from the Emergency Services Director, or his or her designee. 9.2 Once a violation of this Policy occurs, subsequent use of a counseling or rehabilitation program on a voluntary basis will not affect the determination of appropriate disciplinary action. 9.3 An employee's decision to seek assistance or referral from the Emergency Services Director, or his or her designee, prior to an incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. 9.4 The District has no interest in restricting social drinking outside of working hours and no intent to intrude upon private or personal lives of employees. The District is concerned only when the employee's health, job performance, and safety conditions are adversely affected. 9.5 Upon successful completion of a drug treatment program an employee may be released to resume work but will be subject to drug testing as provided for in Section 6. 1. 9.6 An employee's participation in an alcohol or drug treatment program will not be made part of any personnel records and will remain confidential except to the extent necessary to comply with this Policy and to the extent permitted by law. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records. Treatment recommendation records and compliance records will be maintained by the Emergency Services Director, or his or her designee. 10.0Employee Education Information 10.1 The following crisis information centers will provide information regarding employee assistance programs (EAP) and local alcohol and drug rehabilitation programs available to employees: Health Advocate (EAP) 877-240-6863 www.Health Advocate.com/members Substance Abuse Council 1507 201 Street Vero Beach, FL 32960 770-4811 Center for Emotional and Behavioral Health at Indian River Memorial Hospital 1190 37th Street Vero Beach, FL 32960 563-4666 73 243 Community Oriented Police Enforcement (COPE) 4055 41st Avenue Vero Beach, FL 32960 569-6700 C.O.R.E.Program 1422 Old Dixie Highway Vero Beach, FL 32960 567-1282 Drugs Are Not the Answer (DANTA, Inc.) 4145 28th Avenue Gifford, FL 32967 770-4663 Family Center of Vero Beach 1845 14th Avenue Vero Beach, FL 32960 778-5523 Mental Health Association of Indian River and St. Lucie Counties 2525 St. Lucie Avenue Vero Beach, FL 32960 569-9788 Support Groups Alcoholics Anonymous (AA) 562-1114 Al -Anon 562-1114 Alateen 562-1114 Adult Children of Alcoholics 567-2253 Narcotics Anonymous 1-800-281-9889 Cocaine Anonymous 1-800-877-7675 National Hotline Numbers Alcohol and Drug Referral Hotline 1-800-252-6454 Child's Help, National Child Abuse Hotline 1-800-422-4453 National AIDS Hotline 1-800-342-2437 National Cocaine Hotline 1-800-262-2463 National Hepatitis Hotline 1-800-223-0179 National Runaway Switchboard and Suicide Hotline 1-800-621-4000 National Sexually Transmitted Diseases Hotline 1-800-227-8922 Suicide and Rape 24 -Hour Emergency Services 1-800-333-4444 74 244 National Assistance Groups Alcoholics Anonymous 1-800-344-2666 Food and Drug Administration 1-301-443-1240 Mothers Against Drunk Driving (MADD) 1-800-438-6233 Narcotics Anonymous 1-800-281-9889 National Association for Children of Alcoholics 1-714-499-3889 National Association of Anorexia Nervosa and Associated Disorders 1-312-831-3438 National Council of Child Abuse and Family Violence 1-800-222-2000 National Institute of Drug Abuse, Drug Information, Treatment 1-800-662-4357 Parents Anonymous National Office 1-800-421-0353 Tough Love 1-800-333-1069 10.3 Employees may obtain further information regarding available drug and alcohol assistance and rehabilitation programs by contacting the Emergency Services Director, or his or her designee. 11.0 Management's Responsibilities 11.1 District Officers, Managers, and Supervisors (hereafter collectively referred to as "supervisors") are responsible for implementing the drug and alcohol free workplace Policy. It is the responsibility of supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees or the public. 11.2 The Emergency Services Director, or his or her designee, is responsible for maintaining a safe work environment by determining each employee's fitness for duty. 11.3 In the event the Emergency Services Director, or his or her designee, has a reasonable suspicion (as defined in this Policy) that an employee may be affected by drugs or alcohol or has otherwise violated this Policy, the employee must be sent for drug testing. This testing will not take place until reasonable suspicion is determined to be present by the Director, or his or her designee, and a corroborating witness.. The Director, or the highest ranking witness, shall promptly detail in writing the circumstances which formed the basis of the determination that reasonable suspicion exists to warrant the testing. A copy of this documentation shall be given to the employee prior to testing. 11.4 In all cases when an employee is being removed from duty for drug testing, the supervisor must notify his superior. 12.0 Employee's Responsibilities 12.1 It is each employee's responsibility to be fit for duty when reporting for work and to inform his or her supervisor if he or she is under the influence of prescription medication which may affect job performance or safety. 12.2 In the event an employee observes behavior which raises a doubt as to the ability of a co-worker to work in a safe and reliable manner, the employee should report this behavior to his/her supervisor. 12.3 Employees who voluntarily or, as a condition of continued employment, enter a drug or alcohol treatment and/or rehabilitation program must participate and complete recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment for the treatment and/or program to the extent not covered by medical insurance provided by the Employer. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination of employment. 12.4 Reserved 75 245 13.0 Employee Education 13.1 Employees and supervisors will be required to participate in a drug-free awareness program on an annual basis. The program will inform employees about the following: (a) The legal, social, physical, and emotional consequences of the use, misuse, and/or abuse of drugs or alcohol; (b) The District's commitment to maintain a drug-free workplace; (c) Available drug counseling, rehabilitation, and employee assistance programs; (d) Assistance in identifying personal and emotional problems which may result in the misuse of alcohol or drugs; and (e) The penalties which may be imposed by the District on employees for drug abuse violations occurring in the workplace. 14.0 Rights Under Collective Bargaining Agreements 14.1 Employees who are covered under any collective bargaining agreement between the District and any certified labor organization will have the right to file a grievance regarding discipline imposed by the District as a result of a violation of this Policy if said,grievance is permitted to be filed pursuant to the collective bargaining agreement and have the right to appeal to the Public Employees Relations Commission or applicable court. 15.0 Testing Pursuant to the Drug -Free Workplace Policy 15.1 Types of Testing: hi order to maintain a drug or alcohol free work environment and in accordance with Florida's Drug -Free Workplace Program, Section 440. 101, et seq., Florida Statutes, as amended, and applicable administrative regulations, the District will test for the presence of drugs and/or alcohol in the following circumstances: 15.2 Pre-employment: All job applicants who have been offered a position of employment in a safety - sensitive or special -risk positions must submit to a drug and/or alcohol test before beginning employment or work with the District. 15.3 Reasonable Suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined in this policy) will be required to submit to a drug and/or alcohol test. 15.4 Reserved 15.5 Follow up: All employees who have entered an employee assistance program (EAP) or rehabilitation program for drug and/or alcohol abuse must take drug and/or alcohol tests as identified in Section 9.5. This requirement may be waived in the sole discretion of the District when an employee voluntarily enters a drug treatment program before disciplinary action has been taken. 15.6 Post Accident or Injury: All employees who are involved in an accident or injury to an employee which requires medical treatment occurring while at work which was caused, or contributed to, by the employee, the employee must take a drug and/or alcohol test after administration of emergency medical treatment. If it cannot be determined who was driving the District vehicle at the time of the accident, then anyone who was in the vehicle during the applicable time period will be required to submit to testing. 15.7 Random Testing for Safety -Sensitive or Special -Risk Employees: Safety -sensitive and special -risk employees are subject to random testing such that the District will administer the same number of tests each fiscal year as there are members in the Collective Bargaining units or agreements. Random testing shall be conducted via an unbiased selection procedure, as agreed upon by the parties. 76 246 16.0 Consequences of Refusing a Drug Test 16.1 An employee who refuses to submit to a drug test will be subject to discipline, up to and including termination of employment. An employee who provides a diluted sample may, depending upon the circumstances, be deemed to have refused to submit to the drug test. 16.2 A job applicant who refuses to submit to a drug test will not be hired. 17.0 Actions Following Positive Confirmed Test: 17.1 An employee who tests positive on a confirmation test will be immediately suspended without pay, and subject to discipline, up to and including termination. If the problem is correctable, the Emergency Services Director, at his discretion, may allow the employee an opportunity for rehabilitation through a last -chance agreement. Any such last -chance agreement shall include a provision for random drug testing for two (2) years from the date of the agreement, and successful completion of any treatment program recommended by a healthcare professional. The employee shall be responsible, through his insurance or otherwise, for the cost of the random testing and treatment program. Under no circumstances shall an employee be allowed to return to work prior to receiving a negative test result. 17.2 Refusal of a last chance agreement: If an employee is offered an opportunity to enter into a last -chance agreement and refuses to do so, the employee will be immediately terminated. 17.3 Treatment program requirements: Employees who have been provided with an opportunity to enter into a treatment and/or rehabilitation program as part of a last -chance agreement must meet all requirements of that program including any required aftercare. Failure to follow or complete the treatment and/or rehabilitation program or a subsequent positive confirmed drug test will result in immediate termination of employment. 17.4 The employee or job applicant who receives a positive confirmed test result may contest or explain the result to the Medical Review Officer (MRO) within five (5) working days after receiving written notification of the test result. If an employee's or job applicant's explanation or challenge is unsatisfactory to the MRO, the MRO shall report a positive test result back to the employer. The drug test result may be contested pursuant to law or to rules adopted by the ARCA. 18.0 Reporting of Use of Medication: Employees and job applicants may confidentially report the use of prescription or non-prescription medication to the MRO through the Emergency Services Director, or his or her designee, both before and after having a drug test. 19.0 Notice of Common Medications: A list of the most common medications by brand name or common name, as applicable, as well as chemical name, which may alter or affect a drug test, is attached. Employees and job applicants should review this list prior to submitting to a drug test. 20.0 Medication Information: An employee or job applicant may consult with the Employer's MRO or the testing laboratory for technical information regarding prescription and non-prescription medication. 77 247 21.0 Drugs to be Tested 21.1 Drug testing may be required for any or all of the following drugs: 1. Alcohol, including distilled spirits, wine, beer, and intoxicating liquors; 2. Amphetamines; 3. Cannabinoids; 4. Cocaine; 5. Phencyclidine (PCP); 6. Hallucinogens, as approved by the Florida Administrative Code; 7. Methaqualone; 8. Opiates; 9. Barbiturates; 10. Benzodiazepines; 11. Synthetic narcotics (Methadone and Propoxyphene); 12. (intentionally left blank) 13. A metabolite of any of the substances listed herein. 21.2 Drug cut off levels -- Initial Drug Test: All levels equal to or exceeding the following shall be reported as positive: Alcohol 0.05 gl/dl% Amphetamines 1,000 ng/ml Cannabinoids 50 ng/ml Cocaine 300 ng/ml Phencyclidine25 ng/ml Methaqualone 300 ng/ml Opiates 300 ng/ml Barbiturates 300 ng/ml Benzodiazepines 300 ng/ml Synthetic Narcotics300 ng/ml Methadone 300 ng/ml Propoxyphene300 ng/ml 21.3 Drug cut off levels -- Confirmation Drug Test: All levels equal to or exceeding the following shall be reported as positive: Alcohol 0.05 gl/dl%* Amphetamines 500 ng/ml Cannabinoids 15 ng/ml Cocaine 150 ng/ml Phencyclidine25 ng/ml Methaqualone 150 ng/ml Opiates 300 ng/ml Barbiturates 150 ng/ml Benzodiazepines 150 ng/ml Synthetic Narcotics 150 ng/ml Methadone 150 ng/ml Propoxyphene 150 ng/ml *Testing laboratories will report all quantitative alcohol test results above 0.05 % to the MRO who will be responsible for reporting results to the Employer. Percent by weight of alcohol in blood is based upon grams of alcohol per 100 milliliters of blood. 22.0 Reasonable Suspicion Drug Testing 78 248 22.1 Employees will be required to submit to drug and/or alcohol testing when the Emergency Services Director, or his or her designee, has "reasonable suspicion" as defined in this Policy, to believe that an employee is using or has used drugs or alcohol in violation of this Policy. The supervisor will document the circumstances which formed his or her determination. A copy of this documentation will be given to the employee prior to testing. 23.0 Confidentiality and Records Maintenance 23.1 Confidentiality of records concerning drug testing pursuant to the Drug Free Workplace Policy will be maintained by the District in accordance with Florida law. All information, records, and drug test results in the possession of the District, laboratories, employee assistance programs (EAP), and drug and alcohol rehabilitation programs will be kept confidential. No such program's information or records will be released unless written consent, signed by an employee or job applicant, is provided or unless disclosure of such information or records is compelled by court order. The District may also disclose such information when relevant in any civil, disciplinary, or administrative hearing if required or compelled. The District will maintain records concerning drug testing separate and apart from a job applicant or employee's personnel file. 24.0 Challenge of Test Results of Drug Test Under Florida Law 24.1 An employee or job applicant who receives a positive confirmed test result may challenge the result by requesting retesting at the employee's expense. 25.0 Medical Review Officer's Responsibilities for Testing Under Florida Law 25.1 The Medical Review Officer (MRO) shall fully comply with all of the requirements set forth in Rule 59A-24.008 Florida Administrative Code, as it may from time to time be amended. The MRO shall be a licensed physician who has knowledge of substance abuse disorders, laboratory testing procedures, chain of custody collection procedures, and medical use of prescription drugs and pharmacology and toxicology of illicit drugs. 79 249 Indian River County Emergency Services District Over -the -Counter and Prescription Drugs Which Could Alter Or Affect the Outcome of a Drug Test Alcohol All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vick's NyQuil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof), and Listerine is 26.9% (54 proof). Amphetamines Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex Cannabinoids Marinol (Dronabinol, THC) Cocaine Cocaine HCL topical solution (Roxanne) Phencyclidine Not legal by prescription Methaqualone Not legal by prescription Opiates Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M -S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, etc. Barbiturates Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc. Benzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax Methadone Dolophine, Methadose Pro ooxxyphene Darvocet, Darvon N, Dolene, etc. 80 250 Indian River County Emergency Services District List of Drugs by Trade or Common Name Drugs Trade or Common Names Narcotics Opium Dover's Powder, Paregoric, Parepectolin Morphone Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin Compound with Codeine, Robitussin A -C Heroin Diacetylmorphone, Horse, Smack Hydromorphine Dilaudid Meperidine (Pethidine) Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics LAAM, Leritine, Numorphan, Percodan, Tussionex, Fentanyl, Darvon, Talwin, Mescaline and Peyote Lomotil Depressants 2,5 -DMA, PMA, STP, MDA, MDMA, TMA, DOM, DOB Chloral Hydrate Noctec, Somnos Barbiturates Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate Benzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Glutethimide Doriden Other Depressants Equanil, Miltown, Noludar, Pacidyl, Valmid Stimulants Cocaine Coke, Flake, Snow, Crack Amphetamines Biphetamine, Delcobese, Desoxyn, Dexedrine, Mediatric Phenmetrazine Preludin Methylphenidate Ritalin Other Stimulants Adipex, Bacarate, Cylert, Didrex, Ionamin, Plegine, Pre -Sate, Sanorex, Tenuate, Tepanil, Voranil Hallucinogens LSD Acid, Microdot Mescaline and Peyote Mesc, Buttons, Cactus Amphetamine Variants 2,5 -DMA, PMA, STP, MDA, MDMA, TMA, DOM, DOB Phencyclidine PDP, Angel Dust, Hog Phencyclidine Analogs PCE, PCP, TCP Other Hallucinogens Bufotenine, Ibogaine, DMT, DET, Psilocybin Cannabis Marijuana Pot, Acapulco Gold, Grass, Reefer, Sinsemilla, Thai Sticks Tetrahydrocannabinol THC Hashish Hash Hashish Oil Hash Oil 81 251 Definitions 1. Alcohol means ethyl alcohol (ethanol) and includes a distilled spirit, wine, a malt beverage or an intoxicating liquor. For purposes of this policy, alcohol is considered to be a drug. Thus, any reference to drugs and/or drug testing includes alcohol and/or alcohol testing. 2. Drugs means alcohol, an amphetamine, a cannabinoid, cocaine, phencyclidine (PCP), a hallucinogen (as earlier identified in Section 21.1), methaqualone, an opiate, a barbiturate, a benzodiazepine, a synthetic narcotic, or a metabolite of any of the substances listed in this policy. An employer may test an individual for any or all of such drugs. 3. Job Applicant means a person who has applied for a special -risk or safety -sensitive position with the Employer. 4. Employee means an individual who works for the Employer on a full-time or part-time basis and receives salary, wages, or compensation. 5. Drug Test. a. "Drug test' means any chemical, biological, or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services (HHS) or licensed by the Agency for Health Care Administration (AHCA), for the purpose of determining the presence or absence of a drug or its metabolites. b. Drug testing may require the collection of blood, urine, breath, or saliva of an employee or job applicant. The Employer has the right to use more accurate, scientifically accepted methods which may be approved in the future by the FDA or AHCA as such technology becomes available in a cost-effective method. c. "Initial drug test' means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the FDA or AHCA as such more accurate technology becomes available in a cost-effective form. d. "Chain of custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing accountability at each stage in handling, testing, and storing specimens and reporting test results. e. "Confirmation test' means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 6. Positive Confirmed Test or Confirmation Test means a second analytical procedure which confirms a positive result from an initial drug test in accordance with with the Florida Drug -Free Workplace. 7. Medical Review Officer (MRO) means a licensed physician who has knowledge of substance abuse disorders, laboratory testing procedures and chain of custody collection procedures, who is responsible for receiving and reviewing all positive confirmed test results, and who is responsible for contacting all individuals who tested positive in a confirmation test to inquire about possible medications which could have caused a positive result in accordance with Rule 59A-24.008, FAC. 8. Prescription or Non -Prescription Medication means a medication obtained pursuant to a prescription as defined by Section 893.02, FS, or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries. 9. Reasonable Suspicion Drug Testing means drug testing based on a belief that an employee is using or has used drugs in violation of this policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: 82 252 a. Observable phenomena while at work, such as direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. C. A report of drug use, provided by a reliable and credible source. d. Evidence that an individual has tampered with drug test during his employment with the current employer. e. Information that an employee has caused, or contributed to, an accident while at work. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. 10. Safety -Sensitive Position means, with respect to a public employer, a position in which a drug impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to carry a firearm, perform life-threatening procedures, work with confidential information or documents pertaining to criminal investigations, or work with controlled substances; a position subject to s. 110.1127; or a position in which a momentary lapse in attention could result in injury or death to another person, such as driving a vehicle or operating equipment or heavy machinery. 11. Special -Risk Position means, with respect to a public employer, a position that is required to be filled by a person who is certified under Chapter 633 or Chapter 943. 12. Specimen means urine, blood or saliva, or a product of the human body capable of revealing the presence of drugs or their metabolites, as approved by the FDA or the ARCA. 13. Emergency Services Director's designee means the Fire or EMS Chief is designated to act on behalf of the Emergency Services Director as relates to the Drug -Free Workplace Program, to the extent authorized by the Director. 83 253 I s8 1 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 13, 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: Termination of Recycling Agreement with Tropical Recycling Descriptions and Conditions: On August 21, 2012, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the Recyclables Transfer, Processing and Marketing Agreement (Agreement) to Resource Recovery Systems, LLC d/b/a ReCommunity ("ReCommunity"). This Agreement was in response to Request for Proposal (RFP) No. 2012023 for dual -stream recycling services for a five (5) year term commencing on September 1, 2012, with an optional five (5) year extension. On July 14, 2015, the SWDD Board approved the First Amendment to the Agreement, which assigned the processing services from ReCommunity to Tropical Exchange Corporation d/b/a Tropical Recycling and transitioned from dual -stream processing to single stream processing. The First Amendment to the Agreement amended the initial term from five (5) years to eight (8) years through August 31, 2020. On September 18, 2018, the SWDD Board approved the Second Amendment to the Agreement to approve the optional two (2) year extension to the Agreement through August 31, 2022. On August 13, 2019, Tropical Recycling notified SWDD staff that their processing facility in Ft. Pierce suffered a catastrophe from unforeseen weather on August 12, 2019. Specifically, Brian Katz, President of Tropical Recycling, stated that "Our entire infrastructure is severely affected by the damage, rendering us unable to transfer and process recyclables; the duration of this could be four weeks or possibly longer. We are currently making all efforts to resume operations as quickly as possible." On October 14, 2019, Tropical Recycling informed SWDD staff that the City of Ft. Pierce had condemned their processing facility on October 9, 2019. Based on this unforeseen circumstance, staff recommends that SWDD and Tropical mutually agree to terminate the Agreement prior to the current term ending on August 31, 2022. Analysis: At the November 12, 2019 meeting, the SWDD Board approved the Interlocal Agreement with St. Lucie County to process and market recyclables generated in Indian River County pending final approval of the County Attorney and approval of the same Interlocal Agreement by the St. Lucie County Commissioners at the upcoming November 19, 2019 meeting. 254 SWDD Agenda - Termination of Recycling Agreement with Tropical Recycling Page 1 of 2 SWDD Item This will allow SWDD to transition from Tropical Recycling to St. Lucie County without any major distruption or impact to the services to our residents. Therefore, staff supports a mutual termination agreement with Tropical Recycling and acknowledges the services that they provided to SWDD. The termination agreement does reiterate that the title to recyclables that were loaded onto Tropical Recycling vehicles on or before August 12, 2019, still remain with Tropical Recycling. Funding: There is not funding required for this agenda item. Recommendation: Solid Waste Disposal District (SWDD) staff recommends that the Board approve and authorize the Chairman to sign the Termination of Recyclables Transfer, Processing and Marketing Services Agreement between SWDD and Tropical Recycling. Attachment: 1. Termination of Recycling Agreement with Tropical Recycling 255 SWDD Agenda - Termination of Recycling Agreement with Tropical Recycling Page 2 of 2 TERMINATION OF RECYCLABLES TRANSFER, PROCESSING & MARKETING SERVICES AGREEMENT THIS TERMINATION OF RECYCLABLES TRANSFER, PROCESSING & MARKETING SERVICES AGREEMENT ("Termination") is made and entered into as of this day of November, 2019, by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is c/o Department of Utility Services, 1801 27th Street, Vero Beach, FL (hereinafter "SWDD") and Tropical Exchange Corp., a Florida Corporation, d/b/a Tropical Recycling, 2625 Electronics Way, West Palm Beach, FL, 33407 (hereinafter "Tropical" or the "Processor"). RECITALS WHEREAS, on August 21, 2012, SWDD and ReCommunity entered into a Recyclables Transfer, Processing & Marketing Services Agreement ("Agreement"); and WHEREAS, per the First Amendment to and Assignment of Recyclables Transfer, Processing & Marketing Services Agreement ("First Amendment"), dated July 14, 2015, ReCommunity assigned the Agreement to Tropical with the prior express written consent of SWDD; and WHEREAS, per the Second Amendment to Recyclables Transfer, Processing & Marketing Services Agreement ("Second Amendment"), dated September 18, 2018, SWDD extended a two-year option to the Agreement with Tropical to terminate on August 31, 2022; and WHEREAS, on August 12, 2019, Tropical's processing facility experienced adverse weather conditions which resulted in a roof collapse; and WHEREAS, on October 9, 2019, the City of Ft. Pierce issued a notice of condemnation for the entire building making it impossible for Tropical to perform under the Agreement; and WHEREAS, SWDD and Tropical have mutually agreed to terminate the Agreement prior to August 31, 2022; and NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Termination of Agreement. The Agreement and all amendments to the Agreement shall terminate upon execution of this Termination by both parties. 3. Survival of Obligations. Per section 9.4(d) of the Agreement, notwithstanding the termination of the Agreement and all amendments to the Agreement, any duty or obligation of a party which has not been fully observed, performed and/or discharged and any right, which has been created for the benefit of a party and which has not been fully enjoyed, Page I of 2 256 enforced and/or satisfied shall survive this Termination until such duty or obligation has been fully observed, performed or discharged and such right has been fully enjoyed, enforced and satisfied. 4. Title to Recyclables. Per section 4.3(c) of the Agreement, title to all recyclables loaded onto Tropical vehicles on or before August 12, 2019, still remains with Tropical. IN WITNESS WHEREOF, SWDD and Tropical have executed this instrument this _ day of November, 2019. INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ATTEST: Jeffrey R.. Smith, Clerk of Court and Comptroller By: Chairman By: Deputy Clerk BCC approved: Date APPROVED: APPROVED AS TO LEGAL FORM AND SUFFICIENCY By: By: Jason E. Brown Dylan Reingold County Administrator County Attorney WITNESSES: TROPICAL EXCHANGE CORP. By. _ Name: Title: Dated: Page 2 of 2 257 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 11, 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: Approval of a Leachate Pilot Study by the Indian River Eco -District Descriptions and Conditions: On July 16, 2019, the Solid Waste Disposal District (SWDD) Board approved staff recommendation to further evaluate Thermal Evaporation Technology as a potential solution for leachate treatment via a pilot study. This was based on the results of a Focused Feasiblity Evaluation of Landfill Leachate prepared by our consultant, Geosyntec Consultants (Geosyntec) that recommended that we pursue a pilot study using the Heartland Water Technology, Inc (Heartland) technology. Staff requested and received the leachate pilot study proposal from the Indian River Eco -District, LLC (IRED) using the Heartland Concentrator" (Pilot Unit) provided by Heartland. Analysis: The following is a summary of the key components of the leachate pilot study proposal, as presented by IRED and Heartland: 1. A turn -key, 5 -day, leachate pilot study project to treat up to 1,000 gallons per day of leachate through the Pilot Unit at the Indian River County (IRC) Landfill. The technical objective will be to demonstrate the Pilot Unit's ability to evaporate 93% or more of the 1,000 GPD of the Facility's leachate that is fed into the Pilot Unit. 2. Provide pre-, during, and post -analytical testing of the parameters identified in the proposal via a third party laboratory. 3. Provide a portable on-site generator for the Pilot Unit. 4. Confirm that binding of the residual product of the Pilot Unit, via laboratory testing, can be safely disposed in the IRC Landfill and that it can pass the both the paint filter test and the Toxicity Characteristics Leaching Procedure testing criteria. 5. Provide on-site training for the Pilot Unit. 258 SWDD Agenda - Approval of a Leachate Pilot Study by IRED & Heartlandec WO CCNA-2018-WO No. 4 Page 1 of 2 SWDD Item Upon successful demonstration of the Pilot Unit, provide projections of capital and operating costs for a full scale unit to treat IRC leachate. IRED and Heartland have proposed a total cost estimate, including 3`d party expenses, of $46,375. This includes the IRED/Heartland Price Component (five-day pilot effort) of $20,900 and additional 3rd party expenses estimated at approximately $25,475. IRED and Heartland have proposed the following payment terms: • Payment Terms. Invoicing at 1/3 total for Mobilization, 1/3 total at Pilot Test Completion and 1/3 total upon receipt of Final Report. IRED and Heartland are ready to start the deployment logistics upon issuance of the notice to proceed. Staff supports proceeding with the Leachate Pilot Study as proposed by IRED/Heartland as the verification of this technology and the understanding of the overall project costs can be factored -into a long-term leachate solution for the Indian River County Landfill. Staff is requesting that the SWDD Board waive the requirments for bids based on the evaluation of the Heartland technology by Geosyntec and approval by the SWDD Board on July 16, 2019. For reference, Geosyntec included cost comparision evaluation from anotherthermal evaporation technology vendor in their leachate feasiblity evaluation. Funding: Funding for this work is budgeted and available in the Other Professional Services account number 41121734-033190, which is funded from SWDD assessments and user fees. Description Account Number Amount Other Professional Services 41121734-033190 $46,375 Recommendation: Solid Waste Disposal District staff recommends that its Board waive the requirement for bids and pending approval of the required insurance by the Risk Manager, after approval by the County Attorney as to form and legal sufficiency and approve the following: a) Approve the proposal by the Indian River Eco -District, LLC for the Leachate Pilot Study. b) Authorize the Chairman to execute the same. Attachment: 1. 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(d •L L f0 T U . = O :Ll p O 36 vi V1 v y to L a) U a) ' CL CL y 3f° E a o ° �U ° L O cu L p f6 3 �p LL U 3 Ln � O °+ � O v 4- W U L 0 -1 N � — `� y.., �n C V) O p :3p N 0 O O O a) Ln " ca U V) CL Q U W d' C S fcu V6 N Z m O C f6 4�- O Z O ° N >- r L lL6 :a O -6 CL N _ u p Q N t ° 0 cu a 41 LO 4- 1 O Ln .� 841 C 12 N >, L O— v i�4 W E a, ca O a ° �+vN� C E N R U p U w c >.dA > N m Z ° a' fl w n E > Ew ami O O Q O° O J a Q ar vi �•w co LU p w 11 cn ZI O a co w co J w IL O O `o LL 24 N ON N 1,563 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 7, 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: Amendment No. 1 to CCNA-2018 Work Order No 4 — Evaluation of Pilot Study of Using Evaporation Technology for Leachate Management Descriptions and Conditions: On February 19, 2019, the Solid Waste Disposal District (SWDD) Board approved CCNA-2018-Work Order No. 4 to Geosyntec Consultants, Inc. (Geosyntec) to provide Class I Landfill professional services for the Feasibility of Landfill Liquids Management Options, not to exceed the amount of $30,989.00. On July 16, 2019, staff presented the Focused Feasiblity Evaluation of Landfill Leachate and, based on recommendations from staff and Geosyntec, received approval from the SWDD Board to further evaluate Thermal Evaporation Technology as a potential solution for leachate treatment via a pilot study using the Heartland ConcentratorT` provided by Heartland Water Technology, Inc (Heartland). Staff requested and received Amendment No. 1 to Work Order No. 4 from Geosyntec to provide engineering services related to performing an independent evaluation of a pilot study as proposed by the Indian River Eco -District (IRED) and Heartland. Analysis: As part of the Continuing Contract Agreement for Continuing Engineering Services, entered into on April 17, 2018, SWDD staff requested Geosyntec submit a proposal to provide professional and consulting services for the subject project. Geosyntec's lump sum proposal, including scope of work, schedule and budget, is shown in Attachment 1. Geosyntec's proposal consists of four phases as follows: PHASE DESCRIPTION $ AMOUNT 1 General Consulting/Project Management $ 2,653 2 Pilot Study Coordination and Site Visit $ 4,261 3 Evaluation of Pilot Study Results $ 6,232 4 Technical Memorandum $ 6,829 Total = $ 19,975 Geosyntec proposes to submit the technical memorandum within two months of the notice to proceed. 293 SWDD Agenda - Amendment No. 1 to CCNA 2018 WO No. 4 - Leachate Pilot Study Evaluation Page 1 of 2 SWDD Item Funding: Funding for this work is budgeted and available in the Other Professional Services account number 41121734-033190, which is funded from SWDD assessments and user fees. Description Account Number Amount Other Professional Services 41121734-033190 $19,975 Recommendation: Solid Waste Disposal District staff recommends that its Board approve the following: a) Approve Amendment No. 1 to CCNA-2018 Work Order No. 4 with Geosyntec in the amount of $19,975 to provide professional services related to the Evaluation of a Leachate Pilot Study. b) Authorize the Chairman to execute the same, as presented. Attachment: 1. Amendment No. 1 to CCNA-2018 Work Order No. 4 — Geosyntec 294 SWDD Agenda - Amendment No. 1 to CCNA 2018 WO No. 4 - Leachate Pilot Study Evaluation Page 2 of 2 CCNA2018 AMENDMENT _1_ TO WORK ORDER EVALUATION OF A PILOT STUDY OF USING EVAPORATION TECHNOLOGY FOR LEACHATE MANAGEMENT This Amendment I -Lo Work Order Number _4_ 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 17`h day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER.000NTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Numbers , Effective Date February 4, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Thomas A. Peel, Ph.D. Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: ................................... 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 AttorneZ95 EXHIBIT A PROFESSIONAL SERVICES 296 1200 Riverplace Boulevard Geosyntec ° Suite 710 Jacksonville, FL 32207 consultants PH 904-858-1818 FAX 904-396-7143 www.14eosyntec.com 7 November 2019 Mr. Himanshu Mehta, P.E., Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Proposal for Engineering Services Evaluation of a Pilot Study for Use of Thermal Evaporation Technology for Leachate Management Indian River County Landfill Facility Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this proposal to Indian River County (IRC), Solid Waste Disposal District (SWDD) to provide engineering services related to conducting an independent evaluation of a pilot study using a thermal evaporation technology for the management of leachate from the IRC Landfill (IRCL) facility in Indian River County, Florida. This proposal presents the scope of work, schedule, and budget estimate for conducting the pilot study. The proposal was prepared in response to the verbal and 10 September 2019 email requests from Mr. Himanshu Mehta, P.E., Managing Director, of SWDD to Dr. Kwasi Badu-Tweneboah, P.E. of Geosyntec. Geosyntec has prepared this proposal as Exhibit A of Amendment 1 to CCNA-2018-WO No. 4, pursuant to that certain Continuing Contract Agreement for Professional Services, dated April 17, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii) schedule; and (iv) budget estimate. PROJECT BACKGROUND The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road in Vero Beach, Florida. The landfill property includes the Class I landfill, an inactive Construction and Demolition (C&D) debris disposal facility, and other support facilities. A Residuals Dewatering Facility (RDF) is also operated at the IRCL facility by the IRC Department of Utility Services (IRCDUS). Leachate from the Class I landfill and centrate 297 (i.e., dewatering liquids) from the RDF are transmitted via force main to the West Regional Wastewater Treatment Facility (WRWWTF) for treatment and disposal. On February 19, 2019, SWDD authorized Geosyntec, under CCNA 2018 Work Order No. 4, to evaluate landfill liquids management alternatives for the IRC Landfill. The purpose of the study was to evaluate options for reducing the nutrient loading from the Landfill leachate and RDF centrate that are potentially impacting the stringent permit conditions at the WRWWTF. The study focused on: (i) review of the liquid chemistry and flow data; (ii) an evaluation of liquids management. options; (iii) discussion of conceptual costs; (iv) summary of findings; and (v) recommendations. The results of the study were presented in a technical memorandum that was submitted to SWDD on 3 July 2019. Based on an evaluation of leachate characteristics from the April 2019 sampling compared to historical analytical data, arsenic (As), total nitrogen (TN) and total dissolved. solids (TDS) were found to exceed the local limits and would therefore require pretreatment prior to continued discharge to the WRWWTF. Also, based on a review of historical Landfill leachate flow data from June 2016 to February 2019, a peak daily flow rate of 20,000 gallons per day (gpd) was used for the evaluation of leachate management options. Two primary leachate treatment/management strategies (i.e., onsite treatment and leachate evaporation) were evaluated in the study. The evaluated onsite treatment approach involved the use of a biological system (Membrane Bioreactor [MBR]) combined with Reverse Osmosis (RO) for the removal of the constituents to below the local limits required by the WRWWTF. One vendor of biological and/or physical treatment systems (i.e., Dynatec Systems, Inc. of Burlington, NJ) was contacted to provide the conceptual design and cost estimate to manage 20,000 gpd of leachate. The second alternative evaluated is liquids volume reduction via onsite evaporation. Two vendors of thermal leachate evaporator systems (APTIM of Acworth, GA and Heartland Water Technology, Inc. of Hudson, MA) were contacted to provide conceptual designs and cost estimates for systems to manage 20,000 gpd of leachate. Geosyntec utilized the data provided by these vendors to prepare capital and O&M comparison cost estimates for the management of leachate from the Landfill. Based on the technical and economic evaluations presented in the study, there is a potential that leachate evaporation using the Heartland system could be a cost -competitive alternative to onsite treatment and continued discharge of pretreated effluent to the WRWWTF. To better evaluate the feasibility of leachate evaporation, a pilot study in cooperation with Heartland was recommended. Geosyntec understands that Heartland, in collaboration with Indian River Eco District, LLC (IRED) of Lufkin, Texas, are interested in installing a leachate evaporator system at the adjacent property currently owned by the IRED. Therefore, SWDD has solicited a proposal from IRED 298 and Heartland to conduct the pilot study to demonstrate the effectiveness of Heartland's system to evaporate leachate from the IRC Landfill. SWDD has also requested Geosyntec to submit a proposal to conduct an independent evaluation of the pilot study. PROPOSED SCOPE OF WORK This proposal presents the scope of work for conducting an evaluation of the pilot study to use Heartland's thermal evaporation system to manage the leachate from the IRC Landfill. The objective of the pilot study is to address some of the following technical and economic issues: (i) is there enough landfill gas (LFG) or another source(s) of heat energy available to handle the Landfill leachate flow volumes; (ii) evaluate the effectiveness of the evaporation system under site-specific conditions to confirm volume reductions of 90 percent or greater; (iii) evaluate the need to further process the residuals to pass the Paint Filter Liquids Test and Toxicity Characteristic Leaching Procedure (TCLP) requirements for disposal of these residuals at the Landfill; (iv) evaluate the ultimate management of evaporator residuals (i.e. offsite at the IRC Landfill or another disposal facility if the evaporator is installed on IRED property); and (v) re- evaluate final system costs using the pilot study results. For budgeting purposes, the scope of work will be performed in four phases as follows: • Phase 1 — General consulting/meeting support/project management; • Phase 2 — Pilot study coordination and site visit; • Phase 3 — Evaluation of pilot study results; and • Phase 4 — Preparation of Technical Memorandum. Each of these phases is briefly described below. Phase 1— General Consulting/Meeting Support/Project Management Under this phase, Geosyntec will perform project planning and management responsibilities, such as correspondence with SWDD and IRCDUS, invoice review, project coordination, budget and schedule tracking and project administration. Geosyntec has also included a budget for preparation and attendance (by two Geosyntec personnel) at two meetings: (i) kickoff meeting with the SWDD staff, and (ii) project review meeting with SWDD staff to review and discuss the results from the pilot study. Geosyntec has assumed that the kickoff and project review meetings will be held via teleconference in order to reduce overall costs to the project. Additional meetings are discussed in subsequent phases of this proposal. Phase 2 — Pilot Study Coordination and Site Visit Under this phase, Geosyntec will coordinate with SWDD, MED, and Heartland to conduct the pilot study on the IRC Landfill property. As requested by IRED and Heartland through SWDD, 299 Geosyntec will contact the Florida Department of Environmental Protection (FDEP) Solid Waste Section and Division of Air Resource Management (DARM) for the regulatory and permitting requirements for the pilot study as well as the eventual full-scale commercial system for the IRC Class I Landfill. Geosyntec will also review relevant documents including work plans, shop drawings and process diagrams, start-up and shut -down procedures, etc. provided by IRED and Heartland prior to the start of the pilot study. Based on a review of these documents, Geosyntec will coordinate with SWDD and/or IRED/Heartland for the sampling of leachate and final residuals from the evaporation for testing by an approved testing laboratory. The list of analytical parameters, including VOCs and HAPS, will be prepared by Geosyntec for review and agreed to by SWDD, IRED and Heartland prior to the start of the pilot study. In addition, any air sampling and stack emissions testing that may be required by DARM of FDEP will be included. For budgeting purposes, we have assumed that the sampling and laboratory analytical testing will be contracted directly by either SWDD or IRED/Heartland. Geosyntec will conduct a site visit during the pilot study. For budgeting purposes, we have assumed that the site visit would be conducted by one Geosyntec personnel during the actual evaporation process (i.e., pilot test). Based on our understanding of the pilot study proposed by IRED/Heartland, the process will involve installation and operation of a pilot system to evaporate approximately 1,000 gpd of leachate for a total duration of five (5) days. Therefore, Geosyntec will make the site visit during Day 2 or 3 of the pilot study in order to observe the actual evaporation process. Phase 3 — Evaluation of Pilot Study Results The results of the plot study will be evaluated to: (i) assess the LFG or heat energy requirements to evaporate the Landfill leachate; (ii) effectiveness of the evaporation system to confirm the percent volume reduction; (iii) the need to further process the residuals to pass the Paint Filter Liquids Test and TCLP requirements for disposal at the IRCL facility or another off-site facility and its cost implications; and (iv) re-evaluate final system costs. The evaluation will also address the permitting requirements (including leachate, residuals, air emissions sampling and testing) by both FDEP Solid Waste Section and DARM with the understanding that the commercial unit might be installed on the IRED property and not the IRC Landfill property. As such, preliminary costs for the design, permitting, and construction of a piping system to convey leachate from IRC Landfill to the IRED property will be prepared. Phase 4 — Preparation of Technical Memorandum A technical memorandum will be prepared as the deliverable for the above scope of work. The memorandum will include discussions of the site visit, analytical results of leachate and residuals samples collected during the pilot study, .permitting requirements, air quality and secondary containment requirements, preliminary leachate conveyance piping system costs, processing costs 300 per gallon of residuals management and disposal costs, personnel needs, maintenance costs, and other issues or concerns resulting from the site visit and evaluation of the pilot study. The total cost of operation (i.e., engineering, permitting, landfill gas (LFG) usage, processing and disposal of residuals, etc.) will be calculated and amortized over a 10 -year period. A draft memorandum will first be issued to SWDD for review and will be finalized upon receipt of review comments. SCHEDULE Geosyntec will initiate work immediately upon receipt of Notice to Proceed (NTP) from SWDD. Geosyntec has assumed a two-month period for completion of the pilot study. As previously discussed, the actual pilot study would take 5 days to complete. However, the first month would involve planning, correspondence with FDEP, coordination with SWDD, 1RED and Heartland prior to pilot study startup, and receipt and review of analytical test results following completion of the pilot study. BUDGET ESTIMATE Geosyntec proposes to perform the above -referenced work on a lump sum basis for $19,975. A detailed budget estimate is provided as Attachment A. The estimated budget for the scope of work described herein is summarized as follows: Phase 1 — General Consulting/Meeting Support/Project Management $2,653 Phase 2 — Pilot Study Coordination and Site Visit $4,261 Phase 3 — Evaluation of Pilot Study Results $6,232 Phase 4 — Preparation of Technical Memorandum $6,829 Total Budget Estimate $19,975 Geosyntec will invoice SWDD each month of the project on a lump sum, percent complete basis in accordance with our Agreement. Additional services or any significant change in the scope of work will be performed using the Rate Schedule included in our Agreement. 301 CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention. Please call the undersigned with questions you may have as you review this proposal. Sincerely, Herwig Goldemund, Ph.D. Senior Scientist Kwasi Badu-Tweneboah, Ph.D., P.E. Principal 302 ATTACHMENT A DETAILED BUDGET ESTIMATE 303 Table 1 BUDGET ESTIMATE PILOT STUDY OF LANDFILL LEACHATE EVAPORATION INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PNASF 1 • PPO-IFCT MANAC:FMFNT/MFFTIN(:C ATED ST $0 $1,350 $820 $0 $0 $0 $0 $2,170 $0 $0 $260 $0 $260 $0 $0 $73 $0 $150 $0 $0 $223 $2,653 Geosyntec Consultants 304 Table 2 BUDGET ESTIMATE PILOT STUDY OF LANDFILL LEACHATE EVAPORATION INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 2: PILOT STUDY COORDINATION AND SITE VISIT ITEM IF - BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $240 0 $0 b. Principal Hr $225 10 $2,250 c. Senior Professional Hr $205 6 $1,230 d. Project Professional Hr $185 1 0 $0 e. Professional Hr $160 0 $0 f. Senior Staff Professional Hr $140 4 $560 g. Staff Professional Hr $120 0 $0 Subtotal Professional Services $4,040 B. Technical/Administrative Services a. CADD Designer Hr $130 0 $0 b. Senior Drafter/Senior CADD Operator Hr $115 0 $0 c. Project Administrator Hr $65 0 $0 d. Clerical Hr $50 0 $0 Subtotal Technical/Administrative Services $0 C. Reimbursables a. Airfare Trip $300 0 $0 b. Lodging Day $150 0 $0 c. Per Diem Day $55 0 $0 d. Communications Fee 3% Labor 0.03 $4,040 $121 e. CADD Computer System Hr $15 0 $0 f. Vehicle Rental & Fuel Day $100 1 $100 g. 8"x11" Photocopies Each $0.12 0 $0 h. CADD Drawings Each $3 0 $0 Subtotal Reimbursables $221 TOTAL ESTIMATED BUDGET: PHASE 02 $4,261 XL11275/IRC Budget Estimate—Pilot Study_Revision 2 Geosyntec Consultants 305 Table 3 BUDGET ESTIMATE PILOT STUDY OF LANDFILL LEACHATE EVAPORATION INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 3: EVALUATION OF PILOT STUDY RESULTS ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $240 0 $0 b. Principal Hr $225 6 $1,350 c. Senior Professional Hr $205 12 $2,460 d. Project Professional Hr $185 0 $0 e. Professional Hr $160 0 $0 f. Senior Staff Professional Hr $140 16 $2,240 g. Staff Professional Hr $120 0 $0 Subtotal Professional Services $6,050 B. Technical/Administrative Services a. CADD Designer Hr $130 0 $0 b. Senior Drafter/Senior CADD Operator Hr $115 0 $0 c. Project Administrator Hr $65 0 $0 d. Clerical Hr $50 0 $0 Subtotal Technical/Administrative Services $0 C. Reimbursables a. Lodging Day $100 0 $0 b. Per Diem Day $55 0 $0 c. Communications Fee 3% Labor 0.03 $6,050 $182 d. CADD Computer System Hr $15 0 $0 e. Vehicle Rental & Fuel Day $150 0 $0 f. 8"x11" Photocopies Each $0.12 0 $0 g. CADD Drawings Each $3 0 $0 Subtotal Reimbursables $182 TOTAL ESTIMATED BUDGET: PHASE 03 $6,232 XL11275/IRC Budget Estimate—Pilot Study_Revision 2 Geosyntec Consultants 306 Table 4 BUDGET ESTIMATE PILOT STUDY OF LANDFILL LEACHATE EVAPORATION INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 4: TECHNICAL MEMORANDUM 1= ITEM --FBASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $240 0 $0 b. Principal Hr $225 8 $1,800 c. Senior Professional Hr $205 12 $2,460 d. Project Professional Hr $185 0 $0 e. Professional Hr $160 0 $0 f. Senior Staff Professional Hr $140 16 $2,240 g. Staff Professional Hr $120 0 $0 Subtotal Professional Services $6,500 B. Technical/Administrative Services a. CADD Designer Hr $130 0 $0 b. Senior Drafter/Senior CADD Operator Hr $115 0 $0 c. Project Administrator Hr 1 $65 1 2 $130 d. Clerical Hr 1 $50 1 0 $0 Subtotal Technical/Administrative Services $130 C. Reimbursables a. Lodging Day $100 0 $0 b. Per Diem Day $55 0 $0 c. Communications Fee 3% Labor 0.03 $6,630 $199 d. CADD Computer System Hr $15 0 .$0 e. Vehicle Rental & Fuel Day $150 0 $0 f. 8"x11" Photocopies Each $0.12 0 $0 g. CADD Drawings Each $3 0 $0 Subtotal Reimbursables $199 TOTAL ESTIMATED BUDGET: PHASE 04 $6,829 XL11275/IRC Budget Estimate—Pilot Study_Revision 2 Geosyntec Consultants 307 I -5B SWDD Ite Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 13, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Yard Waste Processing and Recycling Services Agreement with Atlas Organics, Inc. Descriptions and Conditions: On October 22, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the selection committee's final ranking of firms for Yard Waste Processing and Recycling services in accordance with Request for Proposals (RFP) #2019045 and authorized negotiations with the top ranked firm, Atlas Organics, Inc. of Spartanburg, South Carolina. Analysis: Staff successfully reached an agreement on the terms on November 13, 2019, with Atlas Organics, Inc. Please note, Atlas Organics, Inc. has now established Atlas Organics Indian River, LLC (a Delaware limited liability company) (Contractor) to operate and manage the project in Indian River County. Staff now presents the Agreement to the SWDD Board for ratification and formal execution of the Agreement by the Chairman. The primary elements that were finalized/negotiated with the Contractor and that have been incorporated into the Agreement are as follows: 1. Contract Term: 10 years 2. Contract Price: a. $11.49/TON Process (Receive, Grind, Screen and Load) Yard Waste b. $12.45/TON Transport and Recycle Mulch c. $12.45/TON Rebate for Daily Cover and Other Beneficial Use of Mulch d. An annual Consumer Price Index (CPI) approval procedure has now been included in the Agreement. 3. Yard Waste: In replicating the terminology from the Agreement, the following terms are being used: in - County = Intra. Out of County = Inter. Contractor will not accept any Intra -County Yard Waste at the Compost Facility. This is to ensure that all Yard Waste is coming through the SWDD Scalehouse and that the Contractor is not setting up a competing rate at the Compost Facility. SWDD Agenda - Yard Waste Processing and Recycling Services Agreement with Atlas Organics Indian River LLC Page 130 SWDD Item 4. Out of County Yard Waste, Inside and Outside County Food Waste and Biosolids: SWDD and Contractor shall in good faith continue to develop and discuss these opportunities and formalize a separate agreement for these items as an amendment to this Agreement, to be approved by SWDD at a future Board meeting. 5. As proposed by the Contractor in their RFP response, the Contractor is committed to making improvements on the SWDD property at an approximate value of $250,000 to be made within the first 12 months from the Commencement Date, which is the date that the Contractor begins the processing at the Yard Waste Facility. These improvements will improve working conditions at the facility and include such projects as applying crushed concrete to low areas that can create wet/muddy conditions for the public, stabilizing roads, and ensuring that there is proper drainage to the existing swale ditches/canals located on the property. 6. Storm Debris: Due to concerns expressed by the Contractor related to the FEMA -required provision for Termination for Convenience, staff has negotiated that if SWDD would terminate the Agreement within first 12 months from the Commencement Date, then SWDD would reimburse the Contractor for the actual cost of the infrastructure improvements as referenced in Item 5 above at the time of termination. Funding: Funding for the SWDD Yard Waste Processing and Recycling services is budgeted and available in the SWDD recycling account, which is funded from SWDD assessments and user fees. Description I Account Number Amount Recycling — Other Professional Services 1 41125534-033190 $1,359,750 The current contract with Mr. Mulch for Fiscal Year 2019/2020 was projected to be approximately $1,300,000 based on the existing processing fee of $11.55 per ton and a disposal fee of $9.79 per ton. Based on the pricing from the Contractor and the estimated annual tons, the Contractor's annual cost of $1,359,750 is under the current approved fiscal year 2019/2020 budget of approximately $1,500,000. Recommendation: Staff recommends the Board approve the Yard Waste Processing and Recycling Agreement with Atlas Organics Indian River, LLC and authorize the Chairman to execute the Agreement after approval by the County Attorney as to form and legal sufficiency, receipt and approval of the performance bond by the County Attorney and approval of the required insurance by the Risk Manager. Attachments: Yard Waste Processing and Recycling Agreement with Atlas Organics Indian River, LLC SWDD Agenda - Yard Waste Processing and Recycling Services Agreement with Atlas Organics Indian River LLC Page 2349 Yard Waste Processing and Recycling Services Agreement THIS AGREEMENT ("Agreement") is by and between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent Special District of Indian River County, Florida, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called "Owner") and ATLAS ORGANICS INDIAN RIVER, LLC, a Delaware limited liability company (hereinafter called "Contractor"). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -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: Yard Waste Processing and Recycling Services RFP Number: 2019045 Project Address: 132574 th Ave. SW, Vero Beach, FL 32968 - 1.1 DEFINITIONS To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state, or local law, the definition herein shall prevail for the purposes of this Agreement. However, nothing contained herein shall be interpreted to require Contractor to undertake any conduct that is prohibited by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neuter forms and the singular shall include the plural and vice versa. Business Day: means any day other than a Saturday, a Sunday, or any other day on which banks in Indian River County are authorized or required by law or other governmental action to be closed. Inter -County: with respect to waste, means that such waste originates from somewhere outside of Indian River County, Florida. Intra -County: with respect to waste, means that such waste originates from within Indian River County, Florida. Prudent Industry Practices: means those practices, methods, standards and acts engaged in or approved by a significant portion of the industry for compost facilities of the type, size and location similar to the project, that, at a particular time, in the exercise of reasonable care and judgment in light of the facts known at the time that the decision was made, could have been reasonably expected to accomplish the desired result in a manner consistent with applicable law and the Contract Documents. "Prudent Industry Practices" are not intended to be limited to a single practice or method to the exclusion of others, but may encompass a range of practices or methods generally accepted or approved by a significant portion of the industry for compost facilities as reasonably applied to the project during the relevant time period. 310 Unacceptable Material: means materials that are not Yard Waste as defined herein. Yard Waste: means yard waste, landscape debris and land clearing debris, vegetative matter from commercial and residential landscaping maintenance and includes branches, shrubs, trimmings, grass clippings, palm fronds, Christmas trees, stumps, and trees. 1.2 SPECIFIC CONDITIONS A. Owner is contracting for the processing and recycling of Yard Waste at the Yard Waste facility located at 1325 74th Ave SW, Vero Beach, FL 32968 ("Yard Waste Facility"). The Contractor shall limit the processing activity within the designated area (as shown in Exhibit B), which is not an engineered drawing and is subject to change upon PE and state regulator evaluation. B. Contractor must be able to process a minimum of 75,000 tons of Yard Waste material per year. The Contractor must also be able to accommodate any increase in tonnages per year for the duration of the Agreement. Contractor must be aware that tonnage numbers change due to seasonal fluctuations. However, Owner makes no guarantee as to any quantity or quality of Yard Waste to be provided. Owner's failure to provide any quantity of Yard Waste shall not be a violation of the Agreement by Owner. In consideration of the time, effort and expense to be undertaken by Contractor in its performance of this Agreement, Owner agrees that, except as otherwise expressly provided in Sub -Article 1(L), during the Term of this Agreement: (i) Contractor shall be Owner's exclusive provider for Yard Waste processing and recycling services; and (ii) Owner shall not, directly or indirectly solicit, negotiate, or enter into any agreement with any person other than Contractor for such services or for any other services to be provided by Contractor to Owner hereunder. C. The Contractor shall ensure that all Yard Waste is free of plastic bags, metal, garbage, etc. before it is turned into mulch. The diameter and length of materials varies greatly. The majority of the incoming material is covered by the Owner landfill assessment, i.e., no tipping fee. However, anything over 3 inches in diameter is considered chargeable material by Owner, therefore, the Contractor must inspect each load and, if applicable, report as chargeable load to the Owner's Scalehouse to apply appropriate charges. The Contractor must have dedicated spotter(s) while the Yard Waste Facility is in operations to ensure that inspections are being performed. Contractor reserves the right to reject any incoming loads if the volume of such load is comprised of 3% or more of any material other than Yard Waste ("Unacceptable Material") as determined in Contractor's sole discretion. The Contractor shall follow Yard Waste Facility Operations requirements in Sub -Article 1.3, B. D. The Contractor will process (includes vehicle receiving/traffic control services, load inspections, grinding, screening and loading) all incoming Yard Waste into mulch and recycle all material designated by Owner to maximize recycling credits to Indian River County. Specifically, the Contractor must be able to process a minimum of 40,000 tons of mulch per year into compost using the Extended Aerated Static Pile System. The Contractor is responsible for the transportation of the mulch from the Owner Yard Waste Facility to the Compost Facility that is to be located on the Indian River Eco -District site at 925 74th Avenue SW, Vero Beach, FL 32968 ("Compost Facility"). 311 E. The Contractor will also load all overs designated by Owner for beneficial use such as cover material, application at County Parks/Golf Course, etc. to be removed by others. Owner reserves the right to keep up to 35,000 tons per year of overs for cover material or any other beneficial use, reserves the right to accept or not accept any Inter -County Yard Waste and reserves the right to provide or not provide any storm related debris. The Contractor shall work with Owner's Landfill Operator to stage cover material such that there is always cover material available on- site. At a minimum, the Contractor shall provide at least thirty (30) days of cover material staged within thirty (30) days from the Commencement Date at a location to be agreed by Owner and Contractor. F. Owner requires the Yard Waste Facility be operated in a clean, secure and efficient manner. Indian River County and Owner require the Contractor to comply with all applicable Federal, State and local regulations, including Chapter 62-701 F.A.C. SOLID WASTE MANAGEMENT FACILITIES. Any operational activity by the Contractor that violates any regulatory agency codes shall be the responsibility of the Contractor to correct solely at the Contractor's expense and within the time frame set by the regulatory agency. The Contractor's designated "Equipment Service Area" shall be kept clean and organized. All equipment maintenance shall be performed in a manner that prevents oils, fuel, lubricants and other waste from contaminating the environment. G. Contractor shall process all materials within Federal, State, and Local guidelines. Any proposed regulations that are adopted by the Regulatory agencies that are more restrictive than what is required under this Agreement shall be incorporated into this Agreement. H. Contractor, at its own expense, shall market and remove the materials generated by the processing operation conducted at the Yard Waste Facility or the Compost Facility in a manner that Indian River County will receive recycling credits. Remaining post -processing materials on the Yard Waste Facility can never exceed 30 Calendar Days receipts of yard waste, unless it has completed the composting and screening process at the Compost Facility and is temporarily being stored on the Yard Waste Facility. 1.3 SITE OPERATION A. Contractor shall receive and handle all materials on site delivered by customers from 7:00 a.m. to 5:00 p.m., seven days per week except for the following holidays: Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's Day. B. The Contractor shall provide a dedicated radio or a cell phone along with the contact information to the Scalehouse to communicate with the Yard Waste Facility. Loads containing unacceptable materials shall be refused if identified prior to being dumped. If identified after being dumped, Contractor shall notify Scalehouse and provide an opportunity for customer to remove all unacceptable materials. If identified after customer has left, Contractor will place all unacceptable materials in a roll -off container provided by Owner. This container will be weighed at the Scalehouse prior to disposal by the Owner's Landfill Operator. The disposal tonnage will be deducted from the incoming yard waste materials and disposal charges will not apply. Notwithstanding anything else contained herein, Contractor shall not be responsible for the handling, disposal or clean up of any hazardous materials that are dumped or released at the Yard Waste Facility by any person other than Contractor. 312 C. Contractor shall remove and consolidate any Unacceptable Material dropped off improperly at these material sites. Except as otherwise provided in Section 1.3(B), Contractor will haul these Unacceptable Material and transport them to their proper disposal locations as directed by Owner. D. Contractor shall process all materials on site as needed to allow for a safe working environment. Contractor is not allowed to remove unprocessed materials off-site without prior Owner approval, i.e. hardwood logs removed off-site for processing. Contractor's submitted site operating plan and health and safety plan are subject to approval by Owner. These plans need to be submitted 30 Calendar Days before January 2, 2019 (the "Commencement Date"). E. Processed material not utilized by Owner for landfill cover material or other beneficial uses will be Contractor's responsibility to market and/or sell and provide all trucking at Contractor's expense. The County will provide trucks to haul any mulch for beneficial use. F. If the Contractor's equipment fails to operate for seven (7) Business Days, the Contractor will utilize alternate equipment to process the material. G. The incoming tonnage numbers to be used in billing will be generated by Owner's calibrated scale operations, and any discrepancies shall be immediately brought to the attention of the Owner Managing Director. The Contractor will be paid to handle and process all incoming materials and paid to transport and recycle of all outgoing materials. The tonnage for the outgoing materials and the materials utilized by Owner for landfill cover material or other beneficial uses will be measured by Contractor using Loadrite on board loader scales. The other beneficial use could include the use at the County golf course, County parks or for composting purposes. H. The Contractor will provide weights in tons all materials leaving the Yard Waste Facility or Compost Facility for recycling credits, and billing purposes. I. Acceptance of Intra -County Yard Waste. Contractor will not accept any Intra -County Yard Waste at the Compost Facility. J. Inter -County Yard Waste, Intra -County and Inter -County Food Waste and Intra -County and Inter - County Biosolids. Owner and Contractor shall in good faith continue to develop and discuss these opportunities and formalize a separate agreement for these items as an amendment to this Agreement to be approved by Owner and Contractor. K. Storm Debris. The exclusivity obligations of Owner contained in Section 1.2(B) shall not apply to temporary services required for the processing and recycling of unusually large quantities of Yard Waste (collectively, "Storm Debris") caused by a hurricane, natural disaster or other event that results in an emergency response from the Federal Emergency Management Agency (FEMA). L. The Yard Waste Facility is provided as is; however, Owner is in the process of making some site improvements to the Yard Waste Facility to provide better access for customers and to provide a more stable/elevated base area for the Contractor's operations (the "Owner Improvements"). However, the Contractor is responsible for any required repairs to the Yard Waste Facility as a result of Contractor's use after completion of the Owner Improvements, reasonable wear and tear excepted. In addition, the Contractor is committed to making improvements at the Yard Waste Facility at an approximate value of $250,000, which shall be made within the first 12 313 months from the Commencement Date (the "Contractor Improvements"). Both Owner and Contractor shall coordinate the Owner Improvements and Contractor Improvements and all Contractor Improvements by the Contractor shall be with prior approval from Owner, which shall not be unreasonably withheld or delayed. The Contractor Improvements shall be intended to improve the safe working conditions at the Yard Waste Facility and shall include without limitation applying crushed concrete to low areas that can create wet/muddy conditions for the public, stabilizing roads and ensuring that there is proper drainage to the existing Swale ditches/canals located on the property. Any Contractor Improvements that entail impervious improvements such as a concrete slab or asphalt paving shall require proper approval and permits prior to installation. The Contractor Improvements made in accordance with this provision shall become the property of Owner. Notwithstanding the foregoing, movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without material harm to the Yard Waste Facility will remain Contractor's property and shall not be considered Contractor Improvements nor shall they become the property of Owner but shall be removed by Contractor, at its sole cost and expense, promptly upon expiration or termination of the Term. 1.4 Owner Responsibilities A. Owner will make every effort to direct all customers with wood wastes/yard waste to the proper sites for processing and will instruct the customer where non -processed materials are to be deposited. For example, wooden pallets are no longer accepted in the Yard Waste Facility. Owner and Contractor shall jointly agree on the addition of new materials accepted in the Yard Waste Facility prior to final approval by the Owner. B. The Owner's Scalehouse shall be used to weigh all in -coming wood wastes/yard waste materials. Each vehicle shall be weighed going in and out at the Scalehouse, and the driver will be provided a weigh ticket. Owner shall staff and maintain the Scalehouse and associated equipment at its expense in accordance with generally accepted industry standards and as required under applicable law. The Scalehouse shall be calibrated in accordance with the requirements of the Florida Bureau of Weights and Measures. C. Owner shall provide scale records monthly to the Contractor for all materials by category sent to the processing site in tons (2,000 pounds per ton). Owner will pay the Contractor for processing these materials. Contractor's processing cost per ton must include all costs (a total cost) for equipment, labor, loading, transport, insurance, etc. D. Owner shall provide the use of the Site on the landfill property for consolidating, processing and loading the wood waste/yard waste materials. 1.5 Contractor Responsibilities A. The Contractor shall use the Loadrite on board loader scales for measuring processed Yard Waste that is transported to and recycled at the Compost Facility and for measuring the Overs that are provided to Owner for landfill cover or other beneficial use. B. The Contractor shall provide a weekly weight report to Owner. 314 C. The Contractor and Owner shall follow an agreed calibration method and frequency to verify the accuracy of the Loadrite on board scales. In general, this will consist of utilizing the Owner's Scalehouse to periodically confirm the accuracy of the Loadrite on board scales. D. The Contractor is responsible for the purchase, installation, operation, maintenance, and calibration of the Loadrite system. ARTICLE 2 - CONTRACT TERM The initial term of this Agreement commences on the Effective Date and continues thereafter for a period of ten years, unless and until sooner terminated as provided in Sub -Article 11(E) (the "Term"). ARTICLE 3 - CONTRACT PRICE 3.01 Owner shall pay the Contractor for the performance of this Agreement in accordance with the Contract Documents, subject to annual price adjustments set forth in Section 4.03 (if approved by the County Administrator or designee) or by an approved contract amendment by the Owner Board, the total amount in current funds being as follows (the "Contract Price"): $11.49/TON $11.49 shall be paid by Owner to Contractor for Contractor's Processing of each ton of Yard Waste that is dumped at the Yard Waste Facility. "Processing" means receiving, grinding, screening, and loading Yard Waste dumped at Yard Waste Facility. $12.45/TON $12.45 shall be paid by Owner to Contractor for Contractor's Transportation and Recycling of each ton of Yard Waste that is dumped at the Yard Waste Facility. "Transportation and Recycling" means transporting processed Yard Waste from Yard Waste Facility to Compost Facility for composting/recycling. During Transportation and Recycling processed Yard Waste will be measured by Contractor using Loadrite on board loader scales and a weekly weight report will be provided to Owner. $12.45/TON $12.45 shall be rebated to Owner by Contractor for Owner's Collection of each ton of Overs from the Compost Facility. "Collection" means receiving and transporting of Overs from designated storage area located at the Compost Facility to be used as alternative daily cover or other landscaping applications as Owner sees fit. "Overs" means byproduct that is collected through Contractor's initial screening of Yard Waste compost. During Collection, Overs will be measured by Contractor using Loadrite on board loader scales and a weekly weight report will be provided to Owner. 3.02 The prices above are applicable through the Term, subject to adjustment pursuant to Sections 4.03. 3.03 Owner acknowledges and agrees that any and all Yard Waste that goes through Processing at the Yard Waste Facility must also go through Transportation and Recycling, provided that if Contractor does not 315 desire to put certain processed Yard Waste through Transportation and Recycling then Contractor may, in its sole discretion, make such material available to Owner to be used as landfill cover or other beneficial use. ARTICLE 4 - PAYMENT PROCEDURES AND ADJUSTMENT 4.01 Once each month, payments shall be made during the term of the Agreement in the amount due on the Agreement. Contractor shall submit an invoice to the Owner's Managing Director no later than the 10th day of each month for the previous month's tonnage. Payment to the Contractor shall be made for all undisputed amounts on or before the thirtieth (30th) calendar day or 20 Business Days of the Owner's receipt of the invoice, whichever occurs later, upon verification by Owner of the invoice submitted. The Owner may reject the invoice in writing which shall specify the disputed amounts and reason for such dispute, and the action necessary to correct the deficiency. Payment for the previously disputed amounts shall be due 20 Business Days after the Owner's receipt of a revised invoice. 4.02 Owner shall make monthly payments as invoiced. Upon a determination of satisfactory completion, the Owner Managing Director will authorize payment to be made. All payments for services shall be made to the Contractor by Owner in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 4.03 Rate Adjustment A. . Contractor may request an annual rate adjustment and such requests shall not be refused if within the funding authority of the Owner. Such request must be submitted in writing to Owner no later than June 1 of the year in which Contractor would like the rate adjustment to go into effect. Such rate adjustments are subject to approval by the County Administrator or his designee. If approved, the rate adjustment would become effective October 1 of that year. B. If a rate adjustment is requested, the Contract Price shall be adjusted as specified in Exhibit A and shall not exceed three percent (3%) for any single adjustment. Contractor shall provide notice to Owner of such adjustment, provided that failure to provide such notice shall not void this Section or be deemed to be a breach of this Agreement. 4.04 Performance Bond: Owner requires an annual payment and performance bond in the amount of $300,000 renewed annually with annual verification of insurance. The proof of bond and insurance will be subject to any consideration for a rate adjustment. ARTICLE 5 — INSURANCE: Proof of Insurance: The Contractor shall furnish Owner a certificate of insurance in a form acceptable to Owner for the insurance required. Such certificate or an endorsement provided by the Contractor must state that Owner will be given thirty (30) calendar days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming Owner as Additional Name Insured must accompany the Certificate of Insurance. Notwithstanding the minimum limits of coverage set forth below, the limits of each underlying insurance coverage must be at least as high as is necessary to support the excess liability insurance coverage. 316 The Selected Firm shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by Owner. Firm's insurance shall be primary. Owner shall be named as an additional insured for both General Liability and Automobile Liability. The awarded firm shall maintain the following limits of insurance during the term of this agreement. General Liability Each Occurrence $500,000 Fire Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $500,000 General Aggregate $500,000 Combined Single Limit $500,000 Automobile Liability Combined Single Limit $500,000 Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 The policy shall cover the firm, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by contractor. Excess Coverage Umbrella or excess liability coverage in the amount of $5,000,000 shall be maintained. Environmental Impairment Insurance The Contractor shall procure environmental impairment insurance upon Contract award and shall maintain such insurance in full force and effect at all times thereafter during the term of this Agreement. he environmental impairment insurance shall provide coverage with minimum limits of $2,000,000 per occurrence, if an occurrence form is available, or with a "claims made" form with "tail coverage" extending three (3) years beyond the termination or expiration of this Agreement. Proof of tail coverage shall be submitted with the Company's invoice for its final payment. In lieu of tail coverage, the Contractor may submit annually to Owner a current certificate of insurance proving that claims made insurance remains in force throughout the same three (3) year period. Such insurance shall provide coverage for pollution and environmental remediation. The form and content of the insurance coverage, as well as the financial stability of the company issuing the insurance, shall be subject to the prior review and approval of Owner. Owner shall be added as a named insured on the insurance policy. All above insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. ARTICLE 6 - INDEMNIFICATION Contractor shall indemnify and hold harmless the Owner, and its Commissioners, officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the 317 extent caused by the gross negligence, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. Contractor has visited the Yard Waste Facility and become familiar with and is satisfied as to the general, local, and Yard Waste Facility conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. [RESERVED] 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 Yard Waste Facility 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 Yard Waste Facility, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 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. Prior to the Commencement Date, Contractor shall provide proof of lease or copy of lease (which may be redacted in Contractor's sole discretion), with the Indian River Eco -District for the use of the Compost Facility to match the term of this Agreement. ARTICLE 7A — OWNER COVENANTS (a) Compliance with Applicable Laws. Owner shall at all times comply with all applicable laws in connection with the Project, the relevant areas of the Yard Waste Facility, and their respective 318 maintenance and operation, including, without limitation, such laws pertaining to the health and safety of persons and property. (b) Security. Owner provides the Yard Waste Facility "As is" which includes a perimeter fence and gates for security of the Project and to protect the Project against loss, theft, damage and vandalism. If, at the request of Contractor, Owner is required to incur any out-of-pocket costs in connection with the installation of fencing or other security equipment requested by Contractor, Contractor shall pay any such costs agreed between the Parties. (c) Non -Interference with Project. Owner, at the Yard Waste Facility, shall not touch, disturb, move or otherwise physically interfere with, and shall ensure that no person, including, without limitation, its employees and other agents, contractors and guests, touches, disturbs, moves or otherwise physically interferes with, the Project in any way without the prior written consent of Contractor unless, in the event of an emergency, the Owner does so for the health and safety of persons and property. (d) Notice of Damage. Owner shall promptly notify Contractor of any matters it is aware.of pertaining to any damage to or loss of the use of the Project or that could reasonably be expected to adversely affect the Project. (e) Liens. Owner shall not directly or indirectly cause, create, incur, assume or suffer to exist any liens on or with respect to the Project or any interest therein. If Owner breaches its obligations under this Article, it shall immediately notify Contractor in writing, shall promptly cause such lien to be discharged and released of record without cost to Contractor, and shall indemnify Contractor against all costs and expenses (including reasonable attorneys' fees and court costs at trial and on appeal) incurred in discharging and releasing such lien. (f) Consents and Approvals. Owner shall secure and maintain, and shall deliver to Contractor copies of, all consents, approvals, permits, licenses, and authorizations relating to the performance of Owner's obligations and the rights granted by Owner hereunder, and which are required by the terms, conditions or provisions of any restriction or any agreement or instrument to which Owner is a party or by which Owner is bound. Owner shall also provide reasonable assistance to Contractor in completing applications for approvals and consents with respect to which Contractor has primary responsibility. ARTICLE 7B - LICENSE AND ACCESS TO SITE (a) Owner hereby grants unto Contractor a license for use of the Yard Waste Facility, as is more fully described in Exhibit A, attached hereto and by reference incorporated herein, together with the right of ingress and egress over existing roadways on said Yard Waste Facility or on any adjoining property owned by Owner. (b) Owner hereby grants to Contractor, its agents, employees and contractors, a non- exclusive temporary easement over and across any of the Owner's property adjoining the Yard Waste Facility during the Term hereof, as a means of ingress and egress from and to the Yard Waste Facility, and to perform all reasonable operations of, or other services at the Yard Waste Facility. The easement shall not run with the land and shall cease to be an encumbrance upon such real property upon the termination of this Agreement. 319 N Owner covenants and agrees as follows: (i) Owner has full right, power and authority to enter into this Agreement for the terms herein granted, and that the Yard Waste Facility may be used by Contractor during the entire Term for the purposes set forth in this Agreement; and (ii) upon Contractor's performance of all the terms of this Agreement, Contractor shall at all times during the Term, peaceably and quietly enjoy the Yard Waste Facility without any disturbance from Owner or from any other person claiming through Owner. (d) Any alteration, addition, and improvement placed upon the Yard Waste Facility by Contractor shall remain the property of Contractor and shall be removed from the Yard Waste Facility within ninety days of the termination or expiration of this Agreement. Any such property not removed by Contractor within such ninety day period, shall become the property of Owner and surrendered to Owner. (e) All costs, expenses, and obligations relating to property taxes for the Yard Waste Facility (if any) shall be paid by Owner and Owner shall hold Contractor harmless from any damage, loss, fine, penalty or personal injury arising on or before the Effective Date or resulting from Owner's acts or omissions occurring during the Term. 8.01 Contents A. The "Contract Documents" consist of the following: (1) This Agreement (pages 1 to 19, inclusive); (2) Certificate(s) of Liability Insurance (3) Request for Proposals 2019045 (4) Addenda (numbers 1 to 3 , inclusive); (5) Contractor's Submitted Proposal & Interview Presentation (6) Drug Free Workplace Form (7) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (8) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (9) Certification Regarding Lobbying (10) Payment and Performance Bonds (11) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; 320 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 Agreement A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable 321 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 Contractorshall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 Owner and Contractor will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous 322 places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including 323 watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Energy Policy and Conservation Act—The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. E. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 324 (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to any agency serving as recipient and Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. F. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. H. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide Owner, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 325 J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that any FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. M. AFFIRMATIVE STEPS: Contractor shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF AGREEMENT 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 Contractor fails to perform the Work in accordance with Prudent Industry Practices (as defined in Sub -Article 11.F); (2) if Contractor materially breaches any provision of this Agreement; or (2) if Contractor abandons the Work, is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or applies for or consents to the appointment of a trustee or receiver for a substantial part of its property. B. With the exception of Article 1.3 (F), 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 thirty (30) calendar days to cure the default to the reasonable satisfaction of the Owner. With respect to Article 1.3 (F), Owner shall provide Contractor with seven (7) 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 326 notification, Contractor shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon subject to the terms and conditions contained in Article 7B. D. Owner's right to terminate this Agreement under Sub -Article 11(A) is cumulative with any other rights or remedies that may now or subsequently be available to Owner at law, in equity, by statute, in any other agreement between the parties, or otherwise. E. TERMINATION FOR CONVENIENCE: Owner may at any time and for any reason terminate this Agreement and Contractor's services and work for Owner's convenience by providing prior written notice to Contractor, which shall specify that Owner is terminating the Agreement for convenience and the effective date of the termination, which shall be thirty days from the date of the notice of termination (the "Termination Date"). Upon the Termination Date: (a) Contractor shall immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract; and (b) Owner shall pay Contractor (i) all amounts due, but not yet paid, to Contractor under this Agreement for Work completed prior to the Termination Date; and (ii) if the Termination Date is a date that occurs on or before January 2, 2021, reimbursement of all costs and expenses incurred on or before the Termination Date by Contractor for the Contractor's Improvements, provided that such reimbursement shall not exceed $250,000. F. TERMINATION IN REGARDS TO F.S. 287.135: Contractor certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Contractor certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Owner may terminate this Agreement 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 Agreement 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. Article 12: LENDER ACCOMMODATIONS A. Contractor shall not directly or indirectly cause, create, incur, assume or suffer to exist any liens on or with respect to any property owned by Owner. If Contractor breaches its obligations under this Article, it shall immediately notify Owner in writing, shall promptly cause such lien to be discharged and released of record without cost to Owner, and shall indemnify Owner against all 327 costs and expenses (including reasonable attorneys' fees and court costs at trial and on appeal) incurred in discharging and releasing such lien. B. Owner acknowledges that one or more persons may be lending money or extending credit to Contractor for financing or refinancing of personal property to be obtained and owned by Contactor to perform the Project. Owner shall, within fifteen (15) business days of the request of the Contractor or any lender or prospective lender, provide an estoppel certificate as to any matters reasonably requested by the Contractor or Contractor's lender. [remainder of page intentionally left blank] 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 , 2019 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). Owner: INDIAN RIVER COUNTY By: TBD, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email Contractor: Atlas Organics Indian River, LLC By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: 328 (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) 329 EXHIBIT A— CALCULATION OF RATE ADJUSTMENT One Hundred Percent (100%) of the rate adjustment shall be based on seventy-five percent (75%) of the change in the Consumer Price Index (CPI) between the month of June in the prior year (CP11) and the month of June in the current year (CP12). The CPI shall be the South Urban Region, All Items — All Urban Wage Earners and Clerical Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID = CW U R0300SA0) If the designated index is discounted or substantially altered, Owner may select another relevant price index published by the United States Government or by a reputable publisher of financial and economic indices. The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed three percent (3.0%) of the previous rate. FORMULA FOR CALCULATING ANNUAL RATE ADJUSTMENT Annual Adjustment (as a Percentage) AA = (((CP12 - CP11) / CP11) * 0.75)); New Rate = Round ((Current Rate + AA*Current Rate), 2) Where: "CP11" = published CPI average for the month of June of the prior year "CP12" = published CPI average for the month of June of the current year SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT INCREASE Assumptions: Current Rate = $10.00 CP11= 226.618 CP12 = 227.955 Annual Rate Adjustment = ((227.955-226.618)/ 226.618) * 0.75) = 0.44% Annual Rate Adjustment of 0.44% is less than 3.0% the maximum allowed. New Rate = ROUND ($10.00 * (1 + 0.0044), 2) = $10.04 SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT DECREASE Assumptions: Current Rate = $10.00 CP11= 226.618 CP12 = 225.618 Annual Rate Adjustment = ((225.618-226.618)/ 226.618) * 0.75) = -0.33% New Rate = ROUND ($10.00 * (1 + (-0.0033), 2) = $9.97 Annual Rate Adjustment is subject to the approval of the County Administrator or his designee. 330 V P I 4W