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HomeMy WebLinkAbout12/17/2019 (3)1�� * 6LORV t * BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMIS-SION AGENDA TUESDAY, DECEMBER 17, 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 Chairman Susan Adams Jason E. Brown, County Administrator Vice Chairman Joseph Flescher Dylan Reingold, County Attorney Commissioner Tim Zorc Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Peter O'Bryan Commissioner Bob Solari 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Randy Fullerton, Glendale Baptist Church 3. PLEDGE OF ALLEGIANCE Vice -Chairman Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A.. Presentation of Proclamation Designating the Month of December, 2019 As Christmas At Tara Month Attachments: Proclamation 5.B.. Presentation of Proclamation Honoring Lenora Williams on her 100th Birthday Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of September 10, 2019 6.B. Regular Meeting of September 17, 2019 December 17, 2019 Page 1 of 6 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Daniel J. Elward on His Retirement From Indian River County Board of County Commissioners Department of General Services Recreation Division with Thirty Years of Service Attachments: Proclamation 7.B. Letter from Florida Department of Corrections Regarding Intent to Lease Office Space Attachments: Notification Department of Corrections Intent to Lease 7.C. 2020 Treasure Coast Regional Planning Council (TCRPC) Appointments Attachments: Commissioner's Memorandum Letter to Thomas J. Lanahan 7.D. City of Sebastian Appointments 2019-2020 Attachments: Sebastian Committee Liaison Appointments 7.E. Closure and Collection Service Changes for the Christmas and New Year's Day Holidays Attachments: Staff Report 7.F. 2020 Committee Assignments for Commissioners Attachments: 2020 Commissioners' Committee Assignments 8. CONSENT AGENDA 8.A. Checks and Electronic Payments November 29, 2019 to December 5, 2019 Attachments: Finance Department Staff Report 8.11. South RO Plant Improvements with Kimley-Horn and Associates Attachments: Staff Report Work Order No 1 with KHA 8.C. Award of Bid# 2020009 - Oslo Water Treatment Plant Blower Replacement Attachments: Staff Report Sample Agreement 8.D. Ranking of Firms and Approval of Agreement for RFP 2020001 - Harmony Oaks Area Boardwalk Construction Attachments: Staff Report Sample Agreement December 17, 2019 Page 2 of 6 8.E. Premier Citrus, LLC Purchase and Sale Agreement Amendment Attachments: Staff Report Proposed Amendment 8.F._ Resolutions Cancelling Taxes on Properties Acquired by Indian River County for Public Purposes Attachments: Staff Report Resolution (Indian River Surgery Properties LLC) Resolution (Eichelberger) Resolution (Thompson) Resolution (Harris Groves) Resolution (Jackson) Resolution (Hudson) Resolution (Besancon) 8.G. Consideration of Modification #1 to the Impact Fee Update Consultant Services Contract with Tindale Oliver and Associates, Inc. Attachments: Staff Report Contract Modification #1 Impact Fee Consultant Contract 8.H. Sector 5 Beach & Dune Restoration Project, APTIM Amendment No. I to Work Order 2018029-4 (IRC -1923) . Attachments: Staff Report Amendment No. 1 to Work Order No. 2018029-4 Exhibit 1 Exhibit 2 8.I. Work Order No. 2018008-2 APTIM Environmental and Infrastructure, Inc., Sector 4 - Critically Eroded Area Analysis Attachments: Staff report APTIM-WO No. 2018008-2 FDEP Response Letter dated March 9, 2018 8.J. Renewal of Agreement with John Brown & Sons, Inc. for Natural Areas and Exotic Vegetation Management/Mowing - Bid Number 2019007 Attachments: Staff Report John Brown & Son Renewal Agmt December 17, 2019 Page 3 of 6 8.K. Approval . of Renewal of the 800 MHZ Communications System Infrastructure Maintenance Contract with Communications International, Inc. Attachments: Staff Report Master Service Agreement FY 19-20 Maintenance Cost Summary CPI Letter 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Consideration to Adopt an Ordinance Amending County Code Chapter 308, Indian River County Local Housing Assistance Program, and to Adopt an Updated Resolution Regarding Affordable Housing Advisory Committee Membership (Legislative) Attachments: Staff Report Portion of Draft BCC Minutes 10-22-2019 Proposed Ordinance Proposed Resolution B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Spencer Simmons re: Existing LDR Pertaining to Ag Land Uses Being Overlooked by Code Enforcement and Community Development Attachments: Public Discussion Request C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for January 7, 2020 to Codify the Code of Indian River County - LEGISLATIVE Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. 2020 Treasure Coast Tri -County Legislative Priorities Attachments: Staff Report 2020 Tri -County Legislative Priorities 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services December 17, 2019 Page 4 of 6 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. Award of Bid No. 2019073, Construction of Intersection Improvements at SR760 and 43rd Avenue, IRC -0853, FDOT FM 431759-2-54-01 Attachments: Staff Report Sample Agreement Memo from TRC Response to TRC request to Withdraw G. Utilities Services 12.G.1. West Wabasso Sewer Phase 2, Change Order #1 and Contractor's Final Pay Request Attachments: Staff Report Change Order 1 w Attachment 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc 14.C.1. Increased efforts to support affordable housing projects in IRC Attachments: Commissioners Memorandum D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 14.E.1. Florida Department of Transportation (FDOT) and Liquefied Natural Gas (LNG) Attachments: Commissioners Memo 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District December 17, 2019 Page 5 of 6 15.A.1. Approval of Public Emergency Medical Transportation Letter of Agreement between Indian River County Emergency Services District and the Agency for Health Care Administration Attachments: Staff Report PEMT Letter of Agreement Email Dated Dec 3, 2019 Florida Statute 409.908 B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. r 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.ircIZov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. December 17, 2019 Page 6 of 6 PROCLAMATION DESIGNATING THE MONTH OF DECEMBER, 2019 AS CHRISTMAS AT TARA MONTH WHEREAS, Bernard F. Grail, Jr. and Margaret Grail have dedicated the past 30 years of their lives to the citizens of Indian River County through their annual Christmas display; and WHEREAS, members of the Grail Family, now extended to the Barwick, Bielecki, Brown, Cervini, Worley and Zorc families have participated in the annual community stewardship and decorating traditions of Christmas at Tara; and WHEREAS, the staff of Grail Law Group and Tara Plantation have contributed their time and talent to further the vision of Mr. and Mrs. Grail and the extended Grail Family; and WHEREAS, the citizens of Indian River County and beyond have experienced the spirit of the season brought forth through Christmas at Tara and fashioned traditions of their own; WHEREAS, the lights of Christmas at Tara dazzle the night from the first Sunday following Thanksgiving until New Year's Eve each year. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the month of December, 2019, be recognized as Christmas at Tara Month, and furthermore, expresses our sincere appreciation for the gift the Grail Family and Grail Law Group have given to our community over the past three decades. Adopted this 17th -day of December, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman e ' S. PROCLAMATION HONORING LENORA WILLIAMS ON HER 100TH BIRTHDAY WHEREAS, Lenora Williams will celebrate her 100th birthday on December 22nd; and . WHEREAS, Lenora was born in Monticello, Florida, in 1919, and after World War II moved to Indian River County, where she has resided for over 70 years; and WHEREAS, Lenora took Charlie as her husband and was blessed with two children and eight grandchildren, and WHEREAS, Lenora was office manager of New Bethel African Methodist Episcopal Church for fifty years, a devoted member of the church's choir and Missionary Society, and a lifetime member of the Heroines of Jericho; and WHEREAS, Lenora served as past President of the Gifford High School Parent-Teacher Association, where she strove to maximize the potential of every adolescent child; and WHEREAS, Lenora, with her outgoing personality and welcoming nature, has enthusiastically contributed to and inspired the Progressive Civic League of Gifford, an active . community organization working to manifest improvements in the best interest of all of Gifford residents; and WHEREAS, Lenora's life spanned the century when the United States became the world's leading nation, contributing her story among those who sacrificed so much in hope that the world would be a better place. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board congratulates Lenora Williams on reaching her 100th birthday, and extends its sincere best wishes.for many more happy and productive years. Adopted this 17th day of December, 2019. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 2 PROCLAMATION HONORING DANIEL J. EL WARD ON HIS RETIREMENT FROM INDIAN RIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES RECREATION DIVISION WHEREAS, Daniel J. Elward has announced his retirement from the Ocean Rescue Corp and Indian River County Board of County Commissioners effective December 20, 2019; and WHEREAS, Daniel J. Elward began his career with Indian River County on August 91h, 1989 as a Year Round Part Time Ocean Lifeguard, and served in this capacity until his retirement; and WHEREAS, Daniel J. Elward has served this County and the Public with distinction and selflessness. During his 30 years ofservice, he was dedicated, and his work was greatly appreciated by his employer, citizens and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds the tremendous efforts of Daniel J. Elward on behalf of this County, and the Board wishes to express their appreciation for his dedication and the exemplary service he has given to Indian River Countyfor the last 30 years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Acknowledged this 171h day of December 2019. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Susan Adams, Chairman 3 FLORIDA DEPARTMENT of CORRECTIONS Governor RON DESANTIS Secretary MARK INCH 501 South Calhoun Street, Tallahassee, FL 32399-2500 http://www.de.state.fl.us December 5, 2019 Ms. Tina Cournoyer, Indian River Board of County Commissioners 1801 271h Street Vero Beach, FL 32960 Email: tcournoverna irceov.com Re: 700:1202 — Vero Beach Probation & Parole Office Dear Ms. Cournoyer: Pursuant to Section 945.28(1), F.S. please be advised that the Department of Corrections intends to lease office space to be used as a Probation and Parole Office at: 1470 Old Dixie Highway, Vero Beach, Fl. 32960. The proposed effective date for the new lease contract is December 1, 2020. This location currently houses the existing Probation and Parole Office whose duties are to supervise moderate and high-risk offenders. This office is not used for overnight supervision. If you have questions or concerns, feel free to call me at (850) 717-3697. Respect lly, Fran Rowls,' Leasing Manager *INSPIRING SUCCESS BY TRANSFORMING ONE LIFE AT A TIME 4 December 17, 2019 INFORMATIONAL ITEM 14.A INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 17, 2019 SUBJECT: 2020 Treasure Coast Regional Planning Council (TCRPC) Appointments FROM: Kimberly K Moirano, Commissioner Assistant The Indian River County Board of County Commissioners Chairman, Susan Adams, has appointed members to the Treasure. Coast Regional Planning Council (TCRPC) for 2020. The attached letter from the Chairman was sent to the Treasure Coast Regional Planning Council (TCRPC) to notify the TCRPC of the District appointments. Attachment 5 BOARD OF COUNTY COMMISSIONERS Susan Adanis vER c Chairman District 1 qti a Joseph E. Flescher Vice Chairman District 2 December 2, 2019 Thomas J. Lanahan Executive Director Treasure Coast Regional Planning Council 421 SW Camden Avenue Stuart; FL 34994 Dear Tom: Tim Zorc District 3 Peter D. O'Bryan District 4 Bob Solari District 5 The Commissioner assignments for Indian River County will be confirmed at the regular Board of County Commissioners meeting of December 10, 2019. The Indian River County Commissioner assignments are listed below, and I trust and anticipate no changes to the proposed list. Please accept the Indian River County Commission assignments as per below: Member: Commissioner Peter D. O'Bryan, IRC Board of County Commissioners Alternate: Commissioner Joseph E. Flescher, IRC Board of County Commissioners Member: Commissioner Susan Adams, IRC Board of County Commissioners Alternate: Commissioner Tim Zorc, IRC Board of County Commissioners Member: Vice Mayor Laura Moss, City of Vero Beach Alternate: Council Member Honorable Ed Dodd, City of Sebastian Member: Council Member Gerald "Jerry" Renick, City of Fellsmere Alternate: TBA, Town of Indian River Shores Please find attached contact information for all members. Please contact me at 772-226-1434 or my assistant, Kim Moirano should you have any questions. Sincerely, r Sus a Adams, Chairman Di ct 1 SAlkkm 9801 27rn Street, Building A Vero Beach, FL 32960 (772) 226-1490 6 TREASURE COAST REGIONAL PLANNING COUNCIL MEMBERS AND ALTERNATES - 2020 INDIAN RIVER COUNTY MEMBERS The Honorable Peter D. O'Bryan Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1441 pobaan ircgov.com The Honorable Susan Adams Commissioner, Indian River County 1801 27th .Street Vero Beach, FL 32960 772-226-1434 sadams(a),irc ov.com The Honorable Laura Moss Vice Mayor, City of Vero Beach 1053 201h Place Vero Beach, FL 32960 (772) 978-4700 Imoss(@,covb.org The Honorable Gerald "Jerry" Renick Council Member, City of Fellsmere 21 S. Cypress Street Fellsmere, FL 32948 (772) 571-1616 geraldrenick(c cityoffellsmere.org ALTERNATES The Honorable Joseph E. Flescher Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1493 iflescher � ircgov.com The Honorable Tim Zorc Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1492 tzorc(a)ircgov.com The Honorable Ed Dodd Council Member, City of Sebastian 1225 Main Street Sebastian, FL 329.58 (772) 388-8214 ed odd cityofsebastian.org 1801 2711, Street. Building A Vero .Beach, FL 32960 (772) 226-1490 7 7D - SEBASTIAN CITY COUNCIL MEMBERS LIAISONS TO COUNTY AND REGIONAL BOARDS 2019-2020 AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Current Member: Council Member Gilliams Location: IRC County Admin Building - Room B1-501 Time: 9:30 am Frequency: Twice per year as scheduled — 31d Wednesday Secretary: Richard Bruce - 226-1440 BEACH AND SHORE PRESERVATION COMMITTEE (Indian River County) Current Member: Council Member Parris Alternate: Council Member Hill Location: IRC Admin Building B - Vero Beach - Room B1-501 Time: 3rd Monday of Each Month — 3 pm Secretary: Ed Offutt - 226-1919 EXECUTIVE ROUNDTABLE OF INDIAN RIVER COUNTY Current Member: City Manager Paul Carlisle Location: 1836 14th Ave, Vero Beach, FL 32960 Time: last Thursday of each month — 9 am Executive Director: Aimee Hill ECONOMIC DEVELOPMENT COUNCIL (Indian River County) Current Member: Vice Mayor Mauti Alternate: Council Member Jim Hill Location: IRC Administration Building B - Vero Beach — Rm B1-501 Time: 3rd Tuesday of Each Month — 3:30 pm Secretary: Richard Bruce - 226-1440 METROPOLITAN PLANNING ORGANIZATION (2 MEMBERS Current Members: Mayor Dodd & Council Member Hill Alternates: Vice Mayor Mauti & Council Member Parris Location: IRC Administration Building B - Vero Beach - Rm B1-501 Time: 2nd Wednesday of each month - 10:00 am MPO Citizen Adv. Comm. Bruce Hoffman (1), Deryl Seemayer (2) Amber Cerda (alt) (1), Judy Bewersdorf (alt) (2) 1 st Tuesday of month - 2 pm MPO Tech. Adv. Comm. Lisa Frazier - Planning Position; Paul Carlisle - Engineering Position; Scott Baker - Airport Position 4th Friday of month - 10:00 am MPO Bikepath Comm. Resident Chris McCarthy Quarterly — 2:00 pm Secretary/agenda packet: Patti Johnson - 226-1672 ELECTED OFFICIALS OVERSIGHT COMMITTEE (EOOC) (Indian River County) Member (always Mayor): Mayor Dodd Recording Secretary: Ed Offutt 226-1992 Agenda: Maria Bowdren 226-1242 Location: IRC Administration Building B Time: Meets Annually — 2nd Week in July CITIZENS OVERSIGHT COMMITTEE (COC) (Indian River County) Member: Shannon Davis Norvig Recording Secretary: Lisa Hill 226-1919 Agenda: Maria Bowdren 226-1242 Location: IRC Administration Building B — Room B1-501 Time: Meets annually in April PUBLIC SCHOOL PLANNING STAFF WORKING GROUP (PSPSWG) & SCHOOL PLANNING TECHNICAL ADVISORY COMMITTEE (SPTAC) Staff Working Group: Current Member: Dorri Bosworth, Planner Location: County Administration Building Time: 1 St week of February and 31d week of March Recording Secretary: Lisa Hill 226-1919 Agenda: Maria Bowdren 226-1242 School Planning Technical Advisory Committee: Current Members: Dorri Bosworth Location: County Administration Building Time: as needed Recording Secretary: Lisa Hill 226-1919 Agenda: Maria Bowdren 226-1242 TOURIST DEVELOPMENT COUNCIL: (Indian River County) Current Member: Council Member Gilliams Alternate: Mayor Dodd Location: IRC Administration Building B - Commission Chambers Time: Meets quarterly — 3rd Wednesday — 2:00 pm Secretary: Lisa Hill - 226-1919 TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Mayor Dodd Alternate Member: Council Member Hill Location: St. Lucie Administration Bldg. 2300 Virginia Avenue, Room 3 Ft. Pierce, FL 34982 Time: 1St Wednesday of Month - 10:00 a.m. Chair: Port St. Lucie Councilwoman Stephanie Morgan Secretary: Christina Flores 9 TREASURE COAST REGIONAL LEAGUE OF CITIES: (Municipalities from Four Counties — Sponsored by FLC) (was formerly Council of Public Officials) Current Member: Mayor Dodd Alternate Member: Vice Mayor Mauti Location: (changes location — local restaurants) Time: Meets every other month — usually 3rd Wednesday Executive Director: Pat Christensen TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) Current Member: City of Vero Beach Alternate: Mayor Ed Dodd Location: 421 SW Camden Avenue, Stuart, FL 34994 Time: 3rd Friday of Month - 9:30 A.M. (call ahead for any changes) Contact: Phone: 772-221-4060 Fax: 772-221-4067 E -Mail: admin@tcrpc.org MS -IRC and REG BOARDS 10 /r �• Informational Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: December 6, 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: Closure and Collection Service Changes for the Christmas and New Year's Day Holidays In observance of the Christmas and New Year's Day holidays, the Main County Landfill and the five Customer Convenience Centers will be closed on Wednesday, December 25th, and Wednesday, January V. In addition, there will be no residential curbside services for recycling, garbage or yard waste on those days. 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 Garbage and Yard Waste Services Recycling Services Unincorporated IRC Services will be shifted by one day. City of Fellsmere No changes to garbage service. City of Sebastian Services will be No yard waste services for Wed. customers until shifted by one Jan. 8th. day. Tues., Dec. 24th garbage will be picked up on your next scheduled service day. City of Vero Beach Wed., Dec. 25th yard waste service will be picked up on Wed., Jan 11t Recycling will be Indian River Shores No changes. serviced Dec. 27 ton Fri., ,and Fri., Jan. 3`d Town of Orchid No changes. No changes. 11 SWDD Agenda - Page 1- 7 F 2020 COMMITTEE ASSIGNMENTS FOR EACH COMMISSIONER SUSAN ADAMS — District 1 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Tourist Development Council (designated by BCC Chairman; Quarterly, 3rd Wednesday @ 2:00 pm) 3. Treasure Coast Regional Planning Council (Bi -Monthly, 3rd Friday @ 9:30 am) 4. Agriculture Advisory Committee (Quarterly, 4th Thursday @ 2:00 pm) 5. Indian River Lagoon National Estuary Program, Board of Directors (Bi -Monthly, 2nd Friday @ 9:30 am) 6. Indian River Lagoon National Scenic Byway (odd number month, 1St Thursday, @ 10:00 am) 7. Florida Association of Counties Finance, Tax, and Administration Committee (As needed) 8. School Planning Elected Officials Oversight Committee (BCC Chairman serves, annually) 9. IRC Census 2020 Community Action Committee (recently formed; meeting TBD) JOSEPH E. FLESCHER — District 2 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Treasure Coast Regional Planning Council - Alternate (Bi -Monthly, 3rd Friday @ 9:30 am) 3. Value Adjustment Board (2x a year) 4. Beach & Shore Preservation Advisory Committee (Monthly, 3rd Monday @ 3:00 pm) 5. County Public Safety Coordinating Board (BCC Chairman or designee; As needed) 6. Public Safety Council for Criminal Justice, Mental Health and Substance Abuse (BCC Chairman or designee; As needed) 7. Audit Selection Committee (Last Meeting 2015; Every 5 years) 8. CDBG Citizens Advisory Task Force (BCC Chairman or designee; As needed) 9. Treasure Coast Sports Commission 12 2020 COMMITTEE ASSIGNMENTS FOR EACH COMMISSIONER (Continued) TIM ZORC — District 3 1. Metropolitan Planning Organization (MPO) (Monthly, 2nd Wednesday @ 10:00 am) 2. Treasure Coast Regional Planning Council- Alternate (Bi -Monthly, 3rd Friday @ 9:30) 3. Value Adjustment Board (2x a year) 4. State Housing Initiatives Partnership (SHIP) Loan Review Committee (As needed) 5. Indian River Lagoon National Estuary Program — Alternate 6. Workforce Development Consortium of the Treasure Coast (designated by BCC Chairman; One meeting in July and as needed) 7. Juvenile Justice Circuit 19th Advisory Board 8. Florida Association of Counties Finance Tax Committee (As needed) PETER D. O'BRYAN — District 4 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Children's Services Advisory Committee (Quarterly, 2nd Monday @ 5:30 pm) 3. Treasure Coast Regional Planning Council (Bi -Monthly, 3rd Friday @ 9:30 am) 4. Treasure Coast Council of Local Governments (Monthly, 1 st Wednesday @ 10:00 am) 5. Economic Development Council (Monthly, 3rd Tuesday @ 3:30 pm) 6. Florida Association of Counties Policy Leader on the Growth, Agriculture, Transportation, & Environment Policy Committee (As needed) BOB SOLARI — District 5 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Board of Trustees of Law Library (As needed) 3. Transportation Disadvantaged Local Coordinating Board (BCC member serves as Chair; Quarterly, 4th Thursday @ 10:00 am) 4. Affordable Housing Advisory Committee (As needed) 5. St. Johns River Alliance (As needed) 6. Florida Association of Counties Federal Committee (As needed) 13 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27`1 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: December 5, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 29, 2019 to December 5, 2019 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of November 29, 2019 to December 5, 2019. 14 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 389545 12/05/2019 PORT CONSOLIDATED INC 9,507.34 389546 12/05/2019 GUARDIAN EQUIPMENT INC 944.00 389547 12/05/2019 STURGIS LUMBER & PLYWOOD CO 318.71 389548 12/05/2019 TEN -8 FIRE EQUIPMENT INC 235.78 389549 12/05/2019 RANGER CONSTRUCTION IND INC 717.81 389550 12/05/2019 VERO CHEMICAL DISTRIBUTORS INC 777.78 389551 12/05/2019 RICOH USA INC 331.26 389552 12/05/2019 RICOH USA INC 140.84 389553 12/05/2019 HENRY SCHEIN INC 1,194.88 389554 12/05/2019 SAFETY PRODUCTS INC 5,299.45 389555 12/05/2019 AT&T WIRELESS 88.64 389556 12/05/2019 DATA FLOW SYSTEMS INC 1,670.00 389557 12/05/2019 LINDEN-BEALS CORP 59.50 389558 12/05/2019 SEWELL HARDWARE CO INC 52.49 389559 12/05/2019 PARALEE COMPANY INC 600.00 389560 12/05/2019 DELTA SUPPLY CO 1,499.85 389561 12/05/2019 GRAINGER 88.22 389562 12/05/2019 GRAYBAR ELECTRIC 1,095.18 389563 12/05/2019 REPUBLIC SERVICES INC 505,766.16 389564 12/05/2019 GAYLORD BROTHERS INC 113.34 389565 12/05/2019 WILD LAND ENTERPRISES INC 36.30 389566 12/05/2019 HACH CO 5,538.57 389567 12/05/2019 CLIFF BERRY INC 253.40 389568 12/05/2019 PATTERSON POPE INC 1,119.85 389569 12/05/2019 BOUND TREE MEDICAL LLC 2,338.85 389570 12/05/2019 PETES CONCRETE 1,800.00 389571 12/05/2019 ECOTECH CONSULTANTS INC 2,666.00 389572 12/05/2019 EXPRESS REEL GRINDING INC 1,560.00 389573 12/05/2019 TIRESOLES OF BROWARD INC 3,337.17 389574 12/05/2019 MOTION INDUSTRIES INC 1,267.05 389575 12/05/2019 CITY ELECTRIC SUPPLY COMPANY 71.07 389576 12/05/2019 CARTER ASSOCIATES INC 6,430.00 389577 12/05/2019 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 150.00 389578 12/05/2019 DELL MARKETING LP 15,760.00 389579 12/05/2019 BAKER & TAYLOR INC 8,501.20 389580 12/05/2019 MIDWEST TAPE LLC 1,353.25 389581 12/05/2019 BAKER DISTRIBUTING CO LLC 5.30 389582 12/05/2019 ATKINS NORTH AMERICA INC 5,811.00 389583 12/05/2019 CENGAGE LEARNING INC 892.89 389584 12/05/2019 PALM TRUCK CENTERS INC 612.27 389585 12/05/2019 PENWORTHY COMPANY 335.81 389586 12/05/2019 SOFTWARE HARDWARE INTEGRATION 819.66 389587 12/05/2019 SUNSHINE REHABILATION CENTER OF IRC INC 1,565.00 389588 12/05/2019 INDIAN RIVER COUNTY HEALTH DEPT 290.00 389589 12/05/2019 CITY OF VERO BEACH 3,634.20 389590 12/05/2019 AT&T CORP 94.85 389591 12/05/2019 INDIAN RIVER COUNTY SHERIFF 240.00 389592 12/05/2019 JANITORIAL DEPOT OF AMERICA INC 680.23 389593 12/05/2019 TREASURE COAST HOMELESS SERVICES 1,050.00 389594 12/05/2019 PUBLIX SUPERMARKETS 29.98 389595 12/05/2019 PUBLIX SUPERMARKETS 71.70 389596 12/05/2019 WAL MART STORES EAST LP 43.46 389597 12/05/2019 ROGER CLEVELAND GOLF INC 1,259.35 389598 12/05/2019 ACUSHNET COMPANY 9,343.90 389599 12/05/2019 GEOSYNTEC CONSULTANTS INC 5,406.21 389600 12/05/2019 CITY OF SEBASTIAN 26,519.08 389601 12/05/2019 CALLAWAY GOLF SALES COMPANY 11,518.08 389602 12/05/2019 SUBSTANCE AWARENESS COUNCIL OF IRC INC 5,998.23 15 TRANS NBR DATE VENDOR AMOUNT 389603 12/05/2019 SUBSTANCE AWARENESS COUNCIL OF IRC INC 6,222.28 389604 12/05/2019 FLORIDA POWER AND LIGHT 198,198.16 389605 12/05/2019 FLORIDA POWER AND LIGHT 3,227.99 389606 12/05/2019 AMERICAN PLANNING ASSOCIATION 746.00 389607 12/05/2019 EPSILON SIGMA PHI 75.00 389608 12/05/2019 GIFFORD YOUTH ACHIEVEMENT CENTER INC 4,852.37 389609 12/05/2019 PEACE RIVER ELECTRIC COOP INC 484.92 389610 12/05/2019 NEW HORIZONS OF THE TREASURE COAST 26,657.00 389611 12/05/2019 GLOBAL GOLF SALES INC 479.00 389612 12/05/2019 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,621.80 389613 12/05/2019 TREASURE COAST SPORTS COMMISSION INC 5,876.06 389614 12/05/2019 IRC HEALTHY START COALITION INC 2,500.00 389615 12/05/2019 IRC HEALTHY START COALITION INC 2,500.00 389616 12/05/2019 IRC HEALTHY START COALITION INC 2,500.00 389617 12/05/2019 IRC HEALTHY START COALITION INC 833.33 389618 12/05/2019 BE SAFE SECURITY ALARMS INC 239.70 389619 12/05/2019 ALAN C KAUFFMANN 360.00 389620 12/05/2019 JOHN BROWN & SONS INC 5,140.00 389621 12/05/2019 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 35.88 389622 12/05/2019 FLORIDA WATER RESOURCES JOURNAL INC 180.00 389623 12/05/2019 INTERNATIONAL ASSOC OF EMERGENCY MANAGERS 390.00 389624 12/05/2019 FLORIDA SURVEYING & MAPPING 540.00 389625 12/05/2019 BRIDGESTONE AMERICAS INC 1,977.30 389626 12/05/2019 SHRIEVE CHEMICAL CO 8,057.41 389627 12/05/2019 ARCADIS U S INC 40,546.68 389628 12/05/2019 CELICO PARTNERSHIP 145.08 389629 12/05/2019 ANIXTER INC 87.33 389630 12/05/2019 U S BANK NATIONAL ASSOCIATION 944.69 389631 12/05/2019 FLORIDA DEPT OF JUVENILE JUSTICE 37,280.72 389632 12/05/2019 ELECTRONIC ACCESS SPECIALIST 136.09 389633 12/05/2019 BIG BROTHERS AND BIG SISTERS 1,250.00 389634 12/05/2019 BIG BROTHERS AND BIG SISTERS 7,441.11 389635 12/05/2019 RECYCLE FLORIDA TODAY INC 150.00 389636 12/05/2019 DASIE BRIDGEWATER HOPE CENTER INC 3,754.42 389637 12/05/2019 FASTENAL COMPANY 1,289.07 389638 12/05/2019 THE SHERWIN WILLIAMS CO 346.70 389639 12/05/2019 COASTAL TECHNOLOGY CORPORATION 7,000.00 389640 12/05/2019 SOUTHERN JANITOR SUPPLY INC 464.80 389641 12/05/2019 LENNAR HOMES LLC 2,250.47 389642 12/05/2019 SCOTT MACHINE DEVELOPMENT CORP 5,431.75 389643 12/05/2019 E W SIVER & ASSOCIATES INC 3,281.25 389644 12/05/2019 HEVERON GROUP INC 2,195.00 389645 12/05/2019 GLOVER OIL COMPANY INC 70,650.26 389646 12/05/2019 BILL BRESSETT 80.00 389647 12/05/2019 ORCHID ISLAND PROPERTY MGMT 11 INC 1,850.00 389648 12/05/2019 TOTAL TEMPERATURE INSTRUMENTATION INC 550.00 389649 12/05/2019 TOTAL TEMPERATURE INSTRUMENTATION INC 944.00 389650 12/05/2019 JOHNNY B SMITH 220.00 389651 12/05/2019 GLOBALSTAR USA 192.93 389652 12/05/2019 CHARLES A WALKER 160.00 389653 12/05/2019 JOHNSON, LEONARD 228.45 389654 12/05/2019 HANNER, SHARON 600.00 389655 12/05/2019 LAZY J LLC 500.00 389656 12/05/2019 ROSELAND UNITED METHODIST CHURCH 200.00 389657 12/05/2019 KATHLEEN P DOUGHERTY 30.00 389658 12/05/2019 DALE KING 60.00 389659 12/05/2019 VERO BEACH BROADCASTERS LLC 900.00 389660 12/05/2019 VERO BEACH BROADCASTERS LLC 900.00 389661 12/05/2019 MARINCO BIOASSAY LABORATORY INC 1,600.00 389662 12/05/2019 YOUTH GUIDANCE DONATION FUND 2,083.33 16 TRANS NBR DATE VENDOR AMOUNT 389663 12/05/2019 NICOLACE MARKETING INC 526.25 389664 12/05/2019 WINSUPPLY OF VERO BEACH 197.89 389665 12/05/2019 SANDYARACENA 60.00 389666 12/05/2019 LARIAT ENTERPRISES INC 551.26 389667 12/05/2019 ATLANTIC COASTAL LAND TITLE CO LLC 225.00 389668 12/05/2019 GUETTLER BROTHERS CONSTRUCTION LLC 29,095.00 389669 12/05/2019 CITY DIRECTORIES 315.00 389670 12/05/2019 YOUR AQUA INSTRUCTOR LLC 80.00 389671 12/05/2019 BERMUDA SANDS APPAREL LLC 1,560.87 389672 12/05/2019 DANIELS FENCE CORP 3,572.50 389673 12/05/2019 PROMATIC INC 890.92 389674 12/05/2019 MUNICIPAL EMERGENCY SERVICES INC 417.85 389675 12/05/2019 ALEX MIKLO 220.00 389676 12/05/2019 BURNETT LIME CO INC 14,787.14 389677 12/05/2019 PENGUIN RANDOM HOUSE LLC 48.00 389678 12/05/2019 CARMEN LEWIS 367.50 389679 12/05/2019 STRAIGHT OAK LLC 345.80 389680 12/05/2019 SCADA SOLUTIONS LLC 400.00 389681 12/05/2019 STEWART & STEVENSON FDDA LLC 7,113.69 389682 12/05/2019 COAST TO COAST COMPUTER PRODUCTS INC 239.96 389683 12/05/2019 EXTREME GOLF INC 684.00 389684 12/05/2019 MARKETING SPECIALTIES OF GEORGIA LLC 1,068.85 389685 12/05/2019 THE LAW OFFICES OF 1,031.00 389686 12/05/2019 DATABASES USA LLC 6,721.00 389687 12/05/2019 IMAGE ACCESS INC 1,787.00 389688 12/05/2019 COBRA GOLF INCORPORATED 487.50 389689 12/05/2019 HAWKINS INC 797.50 389690 12/05/2019 INDIAN RIVER LACROSSE ASSOCIATION INC 1,255.95 389691 12/05/2019 CATHEDRAL CORPORATION 16,996.40 389692 12/05/2019 SOUTHEASTERN SURVEYING & MAPPING CORP 9,619.00 389693 12/05/2019 UNIFIRST CORPORATION 1,384.16 389694 12/05/2019 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 60.69 389695 12/05/2019 GOTTA GO GREEN ENTERPISES INC 162.47 389696 12/05/2019 HYDROMAX USA LLC 3,566.50 389697 12/05/2019 ADVANCE STORES COMPANY INCORPORATED 137.84 389698 12/05/2019 WURTH USA INC 80.70 389699 12/05/2019 FLORIDA EAST COAST HOLDINGS CORP 1,800.00 389700 12/05/2019 RUSSELL L OWEN III 220.00 389701 12/05/2019 EASTERN PIPELINE CONSTRUCTION INC 1,750.00 389702 12/05/2019 MATHESON TRI -GAS INC 3,999.83 389703 12/05/2019 ROBERT O RICHARDSON 111 240.00 389704 12/05/2019 AQSEPTENCE GROUP INC 600.19 389705 12/05/2019 WILLIS SPORTS ASSOCIATION INC 1,122.79 389706 12/05/2019 COLE AUTO SUPPLY INC 2,882.69 389707 12/05/2019 CANON FINANCIAL SERVICES INC 274.74 389708 12/05/2019 KONICA MINOLTA BUSINESS SOLUTIONS 551.31 389709 12/05/2019 BETH NOLAN 189.00 389710 12/05/2019 FLUKE ELECTRONICS CORP 2,323.00 389711 12/05/2019 RECYCLING ROCKS LLC 2,000.00 389712 12/05/2019 NESTLE WATERS NORTH AMERICA 87.24 389713 12/05/2019 STUART RUBBER STAMP & SIGN CO INC 191.79 389714 12/05/2019 CORE & MAIN LP 9,075.79 389715 12/05/2019 ENVIRONMENTAL SCIENCE ASSOCIATES 12,445.00 389716 12/05/2019 BROWNELLS INC 9,460.80 389717 12/05/2019 WOERNER AGRIBUSINESS LLC 293.00 389718 12/05/2019 CHANGE HEALTHCARE LLC 36,901.64 389719 12/05/2019 DIRECTV GROUP INC 56.31 389720 12/05/2019 VIKING LANDSCAPING LLC 7,500.00 389721 12/05/2019 DAVID HEATING & AIR CONDITIONING INC 4,600.00 389722 12/05/2019 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIO 2,300.00 17 TRANS NBR DATE VENDOR AMOUNT 389723 12/05/2019 MRI SOFTWARE LLC 14,409.80 389724 12/05/2019 RAMONA MURPHY 105.00 389725 12/05/2019 AMAZON CAPITAL SERVICES INC 3,214.58 389726 12/05/2019 VERONIQUE ORY STURIALE 90.00 389727 12/05/2019 W&J CONSTRUCTION CORP 427,864.45 389728 12/05/2019 PIRATE PEST CONTROL LLC 981.00 389729 12/05/2019 CALITEN LLC 36.61 389730 12/05/2019 STELLAR ENTERTAINMENT INC 500.00 389731 12/05/2019 AMERIGAS PROPANE LP 4,037.82 389732 12/05/2019 METROPOLITAN COMMUNICATION SERVICES INC 239.00 389733 12/05/2019 DAVID MOSHIER 1,200.00 389734 12/05/2019 JOHN J DRISCOLL 100.00 389735 12/05/2019 DAVID MIKE 200.00 389736 12/05/2019 THE HOPE FOR FAMILIES CENTER INC 2,736.74 389737 12/05/2019 JORDAN POWER EQUIPMENT CORP 1,539.57 389738 12/05/2019 BRYAN CAVE LEIGHTON PAISNER LLP 697.50 389739 12/05/2019 MULLINAX FORD OF VERO BEACH 1,398.97 389740 12/05/2019 JUDITH A BURLEY 91.00 389741 12/05/2019 APTIM CORP 81,057.53 389742 12/05/2019 GASPAR BODY & PAINT INC 3,543.70 389743 12/05/2019 SAFEWARE INC 519.08 389744 12/05/2019 LINDSEY GARDENS 807.00 389745 12/05/2019 LEMMON LINES LLC 975.00 389746 12/05/2019 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 2,498.85 389747 12/05/2019 DESK SPINCO INC 405.63 389748 12/05/2019 XGD SYSTEMS LLC 92,016.82 389749 12/05/2019 NO KILL BEES INC 350.00 389750 12/05/2019 PGL TRUCKING INC 11,048.64 389751 12/05/2019 TELEFLEX LLC 2,750.00 389752 12/05/2019 JO -ANN STORES HOLDING INC 4,000.00 389753 12/05/2019 A PLUS PROPERTY MANAGEMENT INC 795.00 389754 12/05/2019 BLUE GOOSE CONSTRUCTION LLC 38,367.13 389755 12/05/2019 ORCHARD GROVE VENTURE LLC 2,400.00 389756 12/05/2019 STAPLES INC 297.72 389757 12/05/2019 STAPLES INC 182.89 389758 12/05/2019 LOWES COMPANIES INC 5,772.73 389759 12/05/2019 PEOPLEREADY INC 4,455.84 389760 12/05/2019 GOMEZ BROTHERS ENTERPRISES INC 3,576.00 389761 12/05/2019 CHRIS ZAVESKY 240.00 389762 12/05/2019 BERNITE ARISTILDE 53.59 389763 12/05/2019 MARCH OF DIMES INC 150.00 389764 12/05/2019 CHARLES CAVENDER 250.00 389765 12/05/2019 SUBSTANCE ABUSE COUNCIL OF 150.00 389766 12/05/2019 KATIE MOORE 150.00 389767 12/05/2019 REALOGY HOLDINGS CORP 139.33 389768 12/05/2019 SUSIE COLUCCI 25.00 389769 12/05/2019 CONSTANCE LOVE 45.00 389770 12/05/2019 JASON E BROWN 132.92 389771 12/05/2019 PETER OBRYAN 747.14 389772 12/05/2019 TIM ZORC 131.15 389773 12/05/2019 DYLAN REINGOLD 121.25 389774 12/05/2019 KENNETH JOHNSON 348.00 389775 12/05/2019 JAMES MANN 48.06 389776 12/05/2019 TRACEY L WEHKING 90.00 389777 12/05/2019 BRIAN SULLIVAN 837.90 Grand Total: 2,055,984.72 IV RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900162 12/02/2019 GRACES LANDING LTD 10,161.00 900163 12/02/2019 WILLIE C REAGAN 446.00 900164 12/02/2019 RIVER PARK ASSOCIATES LMTED 12,923.00 900165 12/02/2019 CREATIVE CHOICE HOMES XVI LTD 19,300.00 900166 12/02/2019 DAVID YORK 584.00 900167 12/02/2019 ST FRANCIS MANOR OF VERO BEACH 540.00 900168 12/02/2019 TREASURE COAST HOMELESS SERVICES 3,511.00 900169 12/02/2019 FLORIDA POWER AND LIGHT 260.00 900170 12/02/2019 VENETIAN APARTMENTS OF VERO BEACH 377.00 900171 12/02/2019 VERO CLUB PARTNERS LTD 22,606.00 900172 12/02/2019 DAVID SPARKS 370.00 900173 12/02/2019 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,438.00 900174 12/02/2019 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,322.00 900175 12/02/2019 CRAIG MERRILL 658.00 900176 12/02/2019 HAGGERTY FAMILY LTD 367.00 900177 12/02/2019 THE PALMS AT VERO BEACH 16,043.00 900178 12/02/2019 DAVID CONDON 718.00 900179 12/02/2019 HILARY MCIVOR 391.00 900180 12/02/2019 PELICAN ISLES LP 7,137.00 900181 12/02/2019 SUNCOAST REALTY & RENTAL MGMT LLC 5,162.00 900182 12/02/2019 OAK RIVER PROPERTIES INC 344.00 900183 12/02/2019 SONRISE VILLAS LTD 2,526.00 900184 12/02/2019 ADINA GOLDMAN 604.00 900185 12/02/2019 INDIAN RIVER RDA LP 4,904.00 900186 12/02/2019 GEORGE THUYNS 543.00 900187 12/02/2019 LAZY J LLC 1,704.00 900188 12/02/2019 JESSE LEWIS 678.00 900189 12/02/2019 SKOKIE HOLDINGS INC 703.00 900190 12/02/2019 OSLO VALLEY PROPERTIES INC 368.00 900191 12/02/2019 SAID S MOOBARK 1,611.00 900192 12/02/2019 OSCEOLA COUNTY SECTION 8 688.26 900193 12/02/2019 ANTHONY ARROYO 481.00 900194 12/02/2019 DANIEL CORY MARTIN 569.00 900195 12/02/2019 YVONNE KOUTSOFIOS 20.00 900196 12/02/2019 ALAN R TOKAR 728.00 900197 12/02/2019 VERO BEACH VILLAS I LLC 449.00 900198 12/02/2019 BRIAN E GALLAGHER 591.00 900199 12/02/2019 STEPHANIE WATCHEK FOUNTAIN TRUST 122.00 900200 12/02/2019 THEODORE BARTOSIEWICZ 488.00 900201 12/02/2019 FOUNDATION FOR AFFORDABLE RENTAL 24,639.00 900202 12/02/2019 RICHARD KUSSEROW 459.00 900203 12/02/2019 JOHN T STANLEY 776.00 900204 12/02/2019 WEDGEWOOD RENTALS LLC 1,665.00 900205 12/02/2019 ALMA LUCKETT 802.00 900206 12/02/2019 MCLAUGHLIN PROPERTIES LLC 1,362.00 900207 12/02/2019 MYRIAM MELENDEZ 522.00 900208 12/02/2019 WATSON REALTY GROUP 2,690.00 900209 12/02/2019 SHEJI LLC 439.00 900210 12/02/2019 LAWRENCE C SALTER 470.00 900211 12/02/2019 LINDSEY GARDENS 11,788.00 900212 12/02/2019 SUNQUEST APRTMENTS LLC 2,488.00 900213 12/02/2019 PJD HOLDINGS LLC 1,050.00 900214 12/02/2019 ORCHARD GROVE VENTURE LLC 1,863.00 Grand Total: 178,448.26 19 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1015908 12/03/2019 AT&T CORP 2,439.97 1015909 12/03/2019 OFFICE DEPOT INC 2,082.47 1015910 12/03/2019 WASTE MANAGEMENT INC 7,462.09 1015911 12/03/2019 COMCAST 550.96 1015912 12/05/2019 ADRON FENCE COMPANY INC 2,078.00 1015913 12/05/2019 PARKS RENTAL & SALES INC 7.00 1015914 12/05/2019 INDIAN RIVER BATTERY 841.60 1015915 12/05/2019 INDIAN RIVER OXYGEN INC 90.50 1015916 12/05/2019 SMITH BROTHERS CONTRACTING EQUIP 480.81 1015917 12/05/2019 ALLIED UNIVERSAL CORP 7,472.00 1015918 12/05/2019 IRRIGATION CONSULTANTS UNLIMITED INC 1,546.96 1015919 12/05/2019 THE EXPEDITER 365.61 1015920 12/05/2019 HILL MANUFACTURING CO INC 790.84 1015921 12/05/2019 GROVE WELDERS INC 225.03 1015922 12/05/2019 RECORDED BOOKS LLC 82.20 1015923 12/05/2019 APPLE MACHINE & SUPPLY CO 104.70 1015924 12/05/2019 TOTAL TRUCK PARTS INC 764.69 1015925 12/05/2019 COMO OIL COMPANY OF FLORIDA 295.93 1015926 12/05/2019 PRIDE ENTERPRISES 343.10 1015927 12/05/2019 COMPLETE ELECTRIC INC 8,590.60 1015928 12/05/2019 MIDWEST MOTOR SUPPLY CO 866.41 1015929 12/05/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 793.34 1015930 12/05/2019 AUTO PARTNERS LLC 374.43 1015931 12/05/2019 L&L DISTRIBUTORS 164.03 1015932 12/05/2019 HYDRA SERVICE (S) INC 15,877.00 1015933 12/05/2019 MMI SERVICES INC 119,325.00 1015934 12/05/2019 ALLIED DIVERSIFIED OF VERO BEACH LLC 5,288.00 1015935 12/05/2019 NEXAIR LLC 1,410.69 1015936 12/05/2019 EFE INC 5,498.21 1015937 12/05/2019 PACE ANALYTICAL SERVICES LLC 108.00 1015938 12/05/2019 TOSHIBA AMERICA BUISNESS SOLUTIONS INC 387.82 Grand Total: 186,707.99 20 ELECTRONIC PAYMENTS - WIRE & ACH TRANS DATE VENDOR AMOUNT NBR 7270 11/29/2019 IRS -PAYROLL TAXES 495,907.18 7271 12/02/2019 FL SDU 5,068.13 7272 12/02/2019 CLERK OF CIRCUIT COURT 90,887.58 7273 12/02/2019 INDIAN RIVER COUNTY SHERIFF 4,365,950.66 7274 12/02/2019 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 109,606.98 7275 12/02/2019 ST LUCIE BATTERY & TIRE CO 1,030.00 7276 12/03/2019 MUTUAL OF OMAHA 7,442.50 7277 12/03/2019 FL RETIREMENT SYSTEM 1,003,444.86 7278 12/03/2019 I R C HEALTH INSURANCE - TRUST 2,565.60 P -CARD 12/03/2019 TD BANK, N.A. 7,599.96 7279 12/04/2019 HIGHMARK STOP LOSS 81.40 7280 12/04/2019 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 103.00 7281 12/04/2019 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,062.48 Grand Total: 6,093,750.33 21 S.E). CONSENT AGENDA Indian River County, Florida Department of Utility Services Board Memorandum Date: November 26, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: South RO Plant Improvements with Kimley-Horn and Associates Descriptions and Conditions: On September 17, 2019, the Indian River County Board of County Commissioners (BCC) approved the final ranking for Request for Qualifications (RFQ) 2019070 to assist the Indian River County Department of Utility Services (IRCDUS) with the planning, engineering, design, permitting and construction phase services anticipated with two water treatment plants and directed staff to start negotiations with the top ranked firm, Kimley-Horn and Associates, Inc (KHA). On November 5, 2019, the BCC Chairman signed the agreement for professional services. IRCDUS owns and operates two (2) regional potable water treatment plants (WTP). The South County Reverse Osmosis (SCRO) WTP is rated for 8.57 million gallons per day (mgd). The existing membrane system and associated equipment at the Oslo Road WTP was evaluated and is in need of rehabilitation and replacement. The condition assessment evaluated the reliability of the existing mechanical equipment, including the membrane booster pumps, RO trains, feedwater, permeate, and concentrate piping; pipe trenches; membrane skids; small piping systems; and high service pump distribution piping systems. Analysis: Staff requested KHA prepare a proposal to provide professional services to address the following improvements based on the assessment at SCRO: • Replace existing 1.5 MGD RO Trains (upgrade to 1.8 MGD) • Replace/upgrade associated RO train remote Programmable Logic Control (PLC) and instrumentation • Replace process piping to stainless steel • Modify feedwater pump configuration to dedicated operation • Upgrade finish water supply piping to provide redundancy/resiliency • Replace/upgrade high service pump piping and finish flow meter • Replace/upgrade main plant PLC and associated PLC/Human-Machine Interface (HMI) programming • Rehabilitate and upgrade cleaning system • Rehabilitation of lab space and equipment • Generator upgrades and restoration of load shedding capability with FPL 22 F:\Utilities\UTILITY- Engineering\WATER\WTP -South RO\19-1115 South RO Water Treatment Plant Improvements\Admin\South R.0 Water Treatment Plant Improvements.docx The work order will be provided in accordance with the Agreement for Professional Services for Water Plant and Water Resources Engineering Services-RFQ 2019070 dated November 5, 2019. The scope is more specifically described in the attached Work Order No. 1. The total negotiated cost forthe SCRO WTP improvements in Work Order No. 1 is a lump sum amount of $568,249, broken into four (4) tasks. Funding: Funds for this project are derived from the other professional services account in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount S RO Membranes & Retrofit 47121936-044699-19503 $568,249 Recommendation: Staff recommends approval of the Agreement for Professional Services for Water Plant and Water Resources Engineering Services Request for Qualifications 2019070, Work Order No. 1, and requests that the Board of County Commissioners authorize the Chairman to execute the Work Order on their behalf to engage the services of Kimley-Horn and Associates, Inc., for a sum amount of $568,249. Attachment: Work Order No.1 with KHA. (10 Pages) 23 AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ 2019070 WORK ORDER 1 South Oslo Rd Water Treatment Plant Improvements This Work Order Number 1 is entered into as of this _ day of , 201, pursuant to that certain Agreement for Professional Services for Water Plant and Water Resources Engineering Services entered into as of this 51h day of November, 2019 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.5 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Print Name: Title: 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 Attorney 24 EXHIBIT #A South Oslo Rd Water Treatment Plant Improvements PROJECT UNDERSTANDING The existing membrane system and associated equipment at the Oslo Road water treatment plant was evaluated and is need of rehabilitation and replacement. A condition assessment was conducted under work authorization #5 to assess reliability of the existing mechanical equipment, including the membrane booster pumps, RO trains, feedwater, permeate, and concentrate piping; pipe trenches; membrane skids; small piping systems; and high service pump distribution piping systems. Based on this assessment, the following improvements were identified and prioritized according to importance, consisting of, • Replace existing 1.5 MGD RO Trains (upgrade to 1.8 MGD) • Replace/upgrade associated RO train remote PLC and instrumentation • Replace process piping to stainless steel • Modify feedwater pump configuration to dedicated operation • Upgrade finish water supply piping to provide redundancy/resiliency • Replace/upgrade high service pump piping and finish flow meter • Replace/upgrade main plant PLC and associated PLC/HMI programming • Rehabilitate and upgrade cleaning system • Rehabilitation of lab space and equipment • Generator upgrades and restoration of load shedding capability with FPL SCOPE OF SERVICES The following design, permitting, and bidding scope consists of improvements identified above for the South Oslo Rd water treatment plant. Task 1— Preliminary Evaluation Consultant will utilize available raw water data collected from the well rehabilitation projects to define and update the design raw water quality to be used for membrane projections. A design list of raw water quality parameters, using historical trending and recent water quality results from the rehabilitation project, will be used for membrane projections, similar to what was prepared under work order #5. Consultant will evaluate increase in RO train capacity from 1.5 to 1.8 MGD per RO train, with an evaluation of increasing up to a maximum full-size capacity of 2.0 MGD. The evaluation will consist of capacity review and potential impacts to raw water supply, pre- treatment, feed water pumping capacity and electrical requirements, post-treatment and concentrate disposal. Consultant will conduct membrane projections using membrane suppliers' software, with 25 up to three (3) different membrane element manufacturer's, and evaluate the membrane system with respect to recovery, array, and other operating parameters that are warranted to improve operating efficiency and lower operating pressures. Consultant will review impacts on concentrate water quality and quantity as it relates to the Osprey Marsh IW Facility Permit. Consultant will review replacement of existing end suction style pumps in kind, and replacement with vertical turbine can -style pumps. Review of pump replacement will identify advantages/disadvantages with alternate pump styles, and outline impacts associated with pump changeout. Consultant will develop a phasing plan for these improvements and how these elements can be constructed with minimal impact to operations. Consultant will review base bid and additive alternate bid options for each of the major items and prepare design documents to include these options. Consultant will prepare a list of suggested manufacturers to be included in the project for each of the systems and components listed herein. Consultant will evaluate the impacts (electrical, pipe sizes, equipment layout) of increasing the high service pump capacities to meet peak hour flows in lieu of their existing capacity to provide only maximum daily flows. No design documents will be prepared for any upgrade in size. Task 2 — Preparation of Design Documents Consultant will prepare a basis of design report (BODR) summarizing the design elements and proposed standards for the design components. The BODR will be used to establish design criteria for the final design. Consultant will submit draft BODR.for Owner review, and Consultant will attend review meeting to discuss comments. consultant will prepare and submit six (6) copies of the draft BODR, and submit six (6) copies of an updated final version of the BODR. Consultant will prepare drawings and specifications for the above listed items, consisting of the following system components: Consultant will prepare design drawings for feedwater piping modifications. The existing feedwater piping is manifolded within the feedwater pump room. Modifications to the feedwater piping will dedicate one (1) feedwater pump to one (1) RO train, with a backup feedwater pump and piping to each of the four (4) dedicated feedwater pipes. The backup pump will have motor actuated valves to supply each of the four (4) RO trains when a pump is taken offline for maintenance. Consultant will size the feedwater piping to accommodate potential future increase in RO train capacity from 1.8 MGD to 2.0 MGD permeate production at 80% recovery. Consultant will design upgrades to the existing soft start/stops for three of the existing 26 feedwater pumps to variable frequency drives (VFD's), in order to allow variable speeds for each of the feedwater pumps married up with the dedicated RO trains. All feedwater pumps will have VFD's. Consultant will prepare design drawings and specifications for upgrades to the existing RO trains. Design documents will include membrane element replacement for the four (4) existing RO trains. Consultant will design necessary changes to RO train array to optimize RO train performance. Consultant will design the pressure vessel replacement, modifications to the train process piping, sample and status panel modifications/upgrades, and process valve replacement based on findings from the condition assessment. Process piping will be upgraded from PVC to 316 stainless steel. Consultant will prepare demolition plans for the existing RO trains, including phasing of piping connections and associated equipment. Consultant will prepare design drawings and specifications for replacement and upgrades to the existing clean -in-place (CIP) system. The drawings will propose demolition of the existing CIP system and construction of a new CIP system located within the existing scale inhibitor room. The CIP system will include two batching tanks, heater, mixers, cleaning pump, cartridge filter, supply and return piping. Design will include new process piping trench from the scale inhibitor room to the existing trench located in the process room. Modifications to the CIP piping connections at each RO train will be proposed to create an air gap under normal operation. Consultant will evaluate and design electrical upgrades associated with CIP system improvements. Consultant will review and prepare drawings and specifications for small piping replacement. Piping replacement will be limited to instrument air, sulfuric acid, scale inhibitor, and CO2 solution feed piping within the process building. Materials of construction for each respective system will be as follows: • Instrument air piping — replace existing black iron piping to be 316 stainless steel • Sulfuric acid piping — Replace existing PVC/CPVC to Halar/PVDF to the feedwater • Investigate the use of CO2 solution feed to raw water blend in lieu of sulfuric acid • Scale inhibitor — Replace existing PVC to be HDPE • Investigate the addition of CO2 solution to scrubber blowdown Consultant will design dual discharge piping headers for the high service pumps, with the intention of replacing the existing deteriorated header piping in the trench and routing a new parallel discharge header on the floor between high service pumps. Consultant will design modifications to the existing finished water flow meter and vault to re-route the piping above grade and include a new flow meter. The second discharge main to be provided for redundancy will be designed to include a flow meter that is above ground. Work will be phased to maintain operation of the WTP and high service pump operations. 27 Consultant will include design drawings for duplicate and redundant yard piping for the transfer piping from the clearwell to the storage tanks, and suction piping from the storage tank outlet to the high service pumps. Consultant will review the existing process trench and identify areas that require structural repair and rehabilitation. Consultant will prepare construction drawings and details for areas requiring rehabilitation. Consultant will prepare design documents forrreplacement of process piping within the building floor trench. The documents will detail limits of replacement, materials of construction, and phasing to maintain treatment operations. Consultant will evaluate methods of reducing scaling at the scrubber blowdown pump station, consisting of alternate scale inhibitor addition, alternate makeup water source to include reduced hardness of makeup water, and addition of CO2 solution feed to scrubber blowdown. Consultant will prepare drawings and specifications for upgrades to the laboratory room, consisting of cabinet and countertop upgrades. Laboratory equipment replacement will be specified by IRCU and be limited to replacement of similar type equipment. Major renovation (plumbing & electrical change) of the room and cabinets is not included. Consultant will prepare process and instrumentation diagrams (P&IDs) for the proposed improvements. Consultant will prepare electrical drawings and specifications, consisting of single line diagrams, network drawings, electrical schematics and details. C&W Engineering will provide the electrical design services. Consultant will prepare an updated network diagram for the PLC and SCADA system improvements. Control Systems Design, Inc. will provide these professional services. It is estimated that approximately 80 - 104 drawings will be required as part of this project. Consultant will prepare drawings for the following: • Cover sheet (1 sheet) • Legend, abbreviations, and general notes (3 sheets) • RO Train modifications (8-10 sheets) • Skid piping modifications and feedwater pump room (4-6 sheets) • Trench piping (2-4 sheets) • Trench repairs or flowable fill/structural slab (1-3 sheet) • Chemical piping listed herein (3-4 sheets) • Yard piping — transfer piping, tank supply piping, distribution piping (2-3 sheets) • Post-treatment scrubber blowdown (1-2 sheets) • Laboratory room upgrades (4 — 6 sheets) 28 • Cleaning system (2-3 sheets) • Dual high service pump discharge piping and replacement piping (2-4 sheets) • Process and instrumentation diagrams (10-12 sheets) • Construction details (9-10 sheets) • Electrical drawings (24-30 sheets) • Network Diagrams (3-5 sheets) The documents will be prepared and be used in advertising for bids. Consultant will utilize base drawings and sketches prepared in 2012 of RO trains depicting the scope of work on each of the membrane treatment trains and process room. Consultant will prepare design drawings, specifications, and opinion of probable construction costs (OPCC) at the 60%, 90%, and bidding phase design intervals. Consultant will attend review meetings with IRCU staff, and incorporate agreed upon comments into subsequent progress drawings and specifications. Specifications will be provided in the 16 -division format as defined by the Construction Specifications Institute (CSI). Consultant will prepare limited use topographic survey of the water plant site that encompasses the piping from the storage tanks to the treatment building, and from the building west to the finish water main. It is assumed all work will be constructed on the water plant site and County owned land. The survey scope for the plant sites consists of the following items: • Obtain existing elevations within a 100 -ft radius • Location of the existing above ground structures and equipment, and soft -dig locations at the water treatment plant site. • County established bench marks will be used for elevation reference. • The vertical datum elevations will be referenced to NAVD 88 datum. • Horizontal datum to be NAD 83/90 Consultant will coordinate and provide up to ten (10) subsurface investigations using soft -dig technique for anticipated U/G conflicts near the U/G piping as described herein. Consultant will provide a topographic survey of the project site in electronic form (PDF) and six (6) copies 24x36 size drawings. Consultant will provide up to 10 soft -digs for underground piping locations. Task 3 — Permitting Consultant will prepare a FDEP permit application FDEP Form 62-555.900(1), Application for a Specific Permit to Construct PWS Components for a minor modification to the RO water plant without an increase in rated plant capacity. IRCU will submit $1,000 permit application fee directly to FDEP. 29 Consultant will prepare supporting documents, consisting of drawings, specifications, projections, and calculations supporting the permit application. Consultant will prepare four (4) signed and sealed copies of permit application package and submit to FDEP Southeast District. Consultant will respond to one round of reasonable requests for additional information from FDEP permitting agency requests for clarification. Task 4 — Bidding Phase Consultant will prepare electronic copy of bid documents, including drawings and specifications for IRC purchasing department to be utilized for bidding purposes. Front- end documents will be prepared by Indian River County purchasing. IRC purchasing department will advertise and administer the procurement of the bidding and respond to potential bidder questions. Consultant will attend a mandatory pre-bid meeting, respond to OEM, contractor, or membrane supplier questions and prepare addendum(s), if required, which will be distributed to all the contract document holders by IRC purchasing department. Consultant will review bids, provide a summary of comments, and a letter that recommends the most responsive and responsible bidder. TIME SCHEDULE Consultant will conduct Task 1 within 3 - 5 weeks and Task 2 within 6 — 8 months from notice to proceed. Task 3 is scheduled to be 3 — 5 weeks after task 2 is complete. Bidding phase is assumed to take up to 4 — 6 weeks after task 1 through 3 are complete. FEESCHEDULE We will provide these services in accordance with our Agreement for Professional Services for Water Plant and Water Resources Engineering Services — RFQ 20190,70, dated November 5, 2019, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant'). The Consultant will provide professional services for Task 1 through Task 4 on a lump sum fee basis as follows: Task No. Task Task Fee Task 1 Preliminary Evaluation $ 46,224 Task 2 Preparation of Design Documents $ 491,644 Task 3 Permitting $ 11,206 Task 4 Bidding Phase $ 19,175 Total Lump Sum Fee = $ 568,249 30 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Membrane pilot testing is not included under this scope • Site planning is not included and not anticipated for this project. • Review of contract front-end documents • $1,000 permit application fee required for minor modifications with no change in treatment capacity • Construction phase services not included under this task order, but will be prepared as a separate work authorization 31 ESTI M ATE FOR ENGINEERING SERVICES UECT: South WTP R&R-Oslo WTP I I1 111.25.19 Nr: Indian River County Utilities I IMATOR: MDM CRIPTION: DIRECT LABOR MAN -HOURS Water Plant treatment rehabilitation SEN REG LINE Preparation of Drawings, Permitting, & Bidding PRINC PFOF PROF DES PROF 1/2 CIX EXP SUB TOTAL mdm th nb SS e/dc/ c/a ) TASK PRELIM EVALUATION Update design raw water quafity 6 6 8 8 2 $5,194 Evaluate impacts of 2.0 MGD train size 6 4 6 4 $3,572 Membrane projections 6 4 12 12 6 $6,214 Evaluate feedwater pumps 6 8 12 4 6 $6,070 Prepare list of preferred vendors/manuf 6 81 12 1 4 6 1 $6,070 Develop phasing plan for improvements 6 8 12 4 6 $6,070 Evaluate HSP pump capacities - MDF/PHF 6 8 12 4 6 $6,070 Electrical (C&W) 4 4 4 4,50.0 $6,964 $46,224 PREPARE DOCUMENTS Prepare Draft & Final BODR 6 24 30 1 30 $500 $14,318 Prepare P1D's (10-12) 6 14 75 60 165 8 $47,230 RO train design, dwgs, specs (8-10) 4 8 63 50 137 8 $38,434 Feedwater pumps/piping design dwgs (4-6) 6 8 38 30 82 8 $24,880 Trench piping/repairs dwgs (4-6) 10 8 38 30 821 8 $25,832 Chemical piping design dwgs, specs (34) 6 8 25 20 55 8 $17,850 Yard piping design dwgs 4-8 61 24 50 40 110 8 $35,400 Scrubber blowdown 1-2 6 16 13 10 27 8 $12,610 Cleanings stem upgrades design dwgs (2-3) 6 12 19 15 41 24 $16,494 HSP Piping modifications 24 6 16 25 20 55 8 $19,610 Mech details 9-10 6 IO 63 50 137 8 $39,350 Network dwgs (3-5) 41 25 68 8 $19,072 Review & progress meetings 18 18 18 12 $500 $12,536 Electrical (CW - 34-36) 8 12 12 12 161 70,000 $79,528 SCADA (CSD) 10 10 10 6 25,000 $30,774 Laboratory improvements 6 12 24 10 6 $9,854 Submit review sets 12 24 36 24 $1,500 $17,220 Survey (Zentz) 6 8 8 8 6,500 $10.932 Softdi s (10) 6 8 8 3,500 $6,716 Prepare specs 12 18 24 24 $500 $13,004 $491,644 PERMITTING Pre arc application 4 8 6 $2,570 Supporting docs 6 8 $1,544 Submit permit package & coordination 4 6 2 $500 $2,450 Electrical (CW) 2 2 2 6 1,000 $2,534 Respond to RAI 4 6 4 $2,108 $11,206 BIDDING PHASE Finalize bid docs 4 4 8 8 $500 $3,932 Coordination with purchasing 4 12 8 8 $4,696 Electrical (CW) 4 4 7 3,000 54,793 Answer questions 4 12 16 6 $5,754 $19,175 l 7 I;x4 329 $4.000 1 3,556 _$568,249 2 t, SUBTOTAL! 433161 708401 1142341 690081273601 259911 4000 $454,749 $0 i INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 6, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid# 2020009 — Oslo Water Treatment Plant Blower Replacement BACKGROUND: On April 9, 2019, the Board of County Commissioners approved Work Order 12 to Kimley-Horn and Associates, Inc. ("KHA") for design, bidding assistance and construction management services for the replacement of the Degasifier/Scrubber Blower (Odor Control System) at the South County RO Water Treatment Plant. Design was completed and bids solicited and accepted on behalf of the Department of Utility Services as detailed below. BID RESULTS: Advertising Date: September 23, 2019 Bid Opening Date: October 23, 2019 Broadcast to: 515 Vendors Bid Documents Downloaded by: 22 Replies: 7 Vendors Firm Location Total Bid Price TLC Diversified, Inc. Palmetto $208,100.00 Lawrence Lee Construction Services, Inc. Stuart $235,000.00 BLDM USA, LLC Coral Gables $249,350.00 EE&G Restoration Services, LLC Melbourne $258,223.00 Florida Design Drilling Corporation West Palm Beach $259,000.00 Boromei Construction, Inc. Okeechobee $272,614.00 Kloote Contracting, Inc. Palm Harbor $445,500.00 ANALYSIS: The engineer's estimated construction cost was approximately $90,000.00. KHA reviewed the submitted bids and concurred that TLC Diversified, Inc. is the lowest, responsive and responsible bidder. 34 KHA attributed the difference between the engineer's estimate and the bids received to the addition of ductwork modification and electrical work to the scope. The Department of Utility Services has recommended award to TLC Diversified as the lowest, responsive and responsible bidder. SOURCE OF FUNDS: Funding in the amount of $208,100 is budgeted and available in the South WTF Odor Control Equipment Replacement (47121936-044699-19519) account in the operating fund. Operating fund revenues are generated through water and sewer sales. RECOMMENDATION: Staff recommends that the Board award bid 2020009 to TLC Diversified, Inc., approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorney has approved the agreement as to form and legal sufficiency, and receipt and approval of the required public construction bond and insurance. Attachment: Sample Agreement 35 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and TLC Diversified, Inc. hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in, consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed work generally consists of furnishing all labor, materials, tools and equipment required to remove and install new degasifier blowers with FRP composite blades and ductwork modifications necessary to provide a complete and functional system. ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Bid Number: Project Address: ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence Oslo Water Treatment Plant Blower Replacement 2020009 1500 9th Street SW, Vero Beach, FL 32962 A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 270th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding 36 the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $450 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $208,100.00 Written Amount: Two -hundred -eight thousand, one hundred dollars. ARTICLES - PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 37 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, 38 reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of'the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 39 H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following (where applicable): 1. This Agreement (pages 1 to 9, inclusive); 2. Notice to Proceed; 3. Public Construction Bond (pages _); 4. Certificate(s) of Liability Insurance; 5. Invitation to Bid 2020009; 6. Addenda (numbers 1 through 3, inclusive); 7. CONTRACTOR'S Bid Form (pages 59 to 60); 8. Bid Bond (pages 1 to 2); 9. Sworn Statement on Trench Safety (pages 61 to 62); 10. Drug Free Workplace Form (page 63); 11. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 64 to 65); 12. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 66); 13. Certification Regarding Lobbying (page 67); 14. Warranty Information Form (page 68); 40 15. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns 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. 41 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 federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE 42 CUSTODIAN OF PUBLIC. RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 271h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 43 This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: Susan Adams, 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: Arjuna Weragoda, P.E. Title: Capital Projects Manager Address: 180127th Street, Vero Beach, FL 32960 Phone: 772-226-1821 Email: aweragoda@ircgov.com By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process:. Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 10, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Ranking of Firms and Approval of Agreement for RFP 2020001— Harmony Oaks Area Boardwalk Construction BACKGROUND: On behalf of the Parks and Conservation Lands Division, a Request for Proposals (RFP) was issued for the final design and construction of an approximately 161 linear foot boardwalk connecting two existing conservation area trails. The trails are located in the Harmony Oaks Conservation Area, which is located at the southern end of 4th Avenue SE, south of the Vero Shores subdivision, on the boundary between Indian River and St. Lucie Counties. St. John's River Water Management District has issued a permit for the construction of the boardwalk. RFP RESULTS: Advertising Date: August 9, 2019 RFP Opening Date: September 16, 2019 Solicitation Broadcast to: 466 Subscribers RFP Documents Requested by: 22 Firms Replies: 2 Firms ANALYSIS: A selection committee comprised of Kevin Kirwin, Director, Parks and Conservation Resources, Beth Powell, Assistant Director, Parks and Conservation Resources, and Wendy Swindell, Conservation Project Specialist independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. These scores were compiled by the committee and an overall initial ranking of firms developed. After discussions, the committee declared the initial ranking of firms to be final: Proposing Firm. Location. 1. Summerlin's Marine Construction Fort Pierce 2. James S. Lavold, Inc. Jupiter 45 Project cost was anticipated to be $50,000. The price proposal (worth 35% of each firm's score) submitted by James S. Lavold, Inc. was $218,579, and the price proposed by Summerlin's Marine Construction ("Summerlin's") was $42,483. Summerlin's has completed several boardwalk projects in the county's conservation areas. Their proposed price for the work is both lower than staff's estimated price, and exponentially lower than the second lowest ranked proposer's price. As such, the committee suggests no negotiation is necessary and recommends award to Summerlin's. FUNDING: Field conditions during construction may impact the total final cost. The proposed price of $42,483 includes all materials and labor, with the exception of fall railings along the wetland portion of the boardwalk. The elevation of the boardwalk as determined during construction may need to be too high, and may require placement of fall rails rather than wheel railings to meet environmental permit requirements. Summerlin's has provided a per linear foot price for those railings, if required, which are reflected in the sample agreement. If determined by staff to be necessary, the additional proposed cost for the higher railings is $1,950. The project in the amount of $59,660 was approved through the Amendment to the Capital Improvement Element of the Comprehensive Plan (approved December 3, 2019). Funding will be budgeted in Parks Impact Fees/Harmony Oaks Boardwalk, Account Number 10321072-066390- 18008. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and award the project to Summerlin's Marine Construction. Staff also recommends the Board approve the sample agreement and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency and after receipt and approval of the required Public Construction Bond and insurance. ATTACHMENT Sample Agreement 46 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Summerlin's Marine Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Harmony Oaks Area Boardwalk Construction ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Harmony Oaks Area Boardwalk Construction RFP Number: 2020001 Project Address: 2485 US Highway One; Vero Beach, FL 32962 ARTICLE 3 - CONTRACT TIMES 3.1 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.2 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date when the Contract Times commence to run. ARTICLE 4 - CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Price Proposal, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ 42,483 47 Written Amount: Forty-two thousand, four hundred eighty three dollars If mutually agreed by OWNER and CONTRACTOR to be necessary for safety, balustrades may be added to both sides of the boardwalk at a cost of $65 per If, and an estimated length of 30 total If (not to exceed $1,950 additional). ARTICLES - PAYMENT PROCEDURES 5.1 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time. (Section 218.70, Florida Statutes, et seq.). 5.2 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts. as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Request for Proposals or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.1 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.1 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposal documents. B. CONTRACTOR has.visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety .precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.1 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 8, inclusive); (2) Notice to Proceed (3) Certificate(s) of Liability Insurance (4) Request for Proposals 2020001 (5) Addenda (numbers 1to 2 inclusive); (6) CONTRACTOR'S submitted proposal and responses to clarification; 49 (7) Submitted Price Proposal; (8) Submitted Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (9) Submitted Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (10) Submitted Certification Regarding Lobbying (11)The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.1 Terms A. Terms used in this Agreement will have the meanings indicated in the Request for Proposals. 9.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 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. 9.4 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. 9.5 Venue 50 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. 9.6 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) . Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 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(Mirceov.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. 51 Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work a.nd immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 52 F. TERMINIATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant.to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 53 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY CONTRACTOR: By: By: Susan Adams, Chairman (Contractor) By: (CORPORATE SEAL) Jason.E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address forgiving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: . Designated Representative: Name: Beth Powell Designated Representative: Title: Name: Address: Title: Phone Email Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 54 9. E MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 6, 2019 SUBJECT: Premier Citrus, LLC Purchase and Sale Agreement Amendment BACKGROUND. On November 12, 2019, the Indian River County Board of County Commissioners (the "Board") approved a purchase and sale agreement with Premier Citrus, LLC for the purchase of 243.50 acres located east of I-95 (the "Agreement"). The purchase price is $5,950,000. Under the Agreement, the closing date falls during the holiday season. The County Attorney's Office recommends that the Board approve an amendment to the Agreement clarifying that the closing will occur on or before January 17, 2020. There are no other changes to the Agreement. RECOMMENDATION. The County Attorney's Office recommends that the Board of County Commissioners authorize the Chairman to sign the Amendment to the Purchase and Sale Agreement, after review and approval by the County Attorney. ATTACHMENT. Proposed Amendment to the Purchase and Sale Agreement 55 STATE OF FLORIDA INDIAN RIVER COUNTY FIRST AMENDMENT TO THE AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS FIRST AMENDMENT TO THE AGREEMENT TO PURCHASE AND SELL REAL ESTATE (this "Amendment") is made and entered into as of this day of , 2019, by and between PREMIER CITRUS, LLC, a Florida limited liability company, ("Seller"), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("Buyer"). Recitals: WHEREAS, Seller and Buyer entered into that certain. Agreement to Purchase and Sell Real Estate approved on November 26, 2019, (the "Agreement"), regarding real property located in Indian River County, Florida as described more completely in Exhibit "A" of the Agreement; and WHEREAS, Seller and Buyer have agreed to amend the Agreement in accordance with the terms and conditions hereof. Amendment to Agreement: NOW, THEREFORE, in consideration of the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Seller and Buyer, intending to be legally bound, do hereby covenant and agree as follows: A. Recitals. The recitals set forth above are true and correct in all respects and form an integral part of this Amendment. B. Definitions. Capitalized terms which are defined in the Agreement and which are not otherwise defined herein shall have the same meanings herein as are ascribed to such terms in the Agreement. C. Amendment of Section 7. The Agreement is hereby amended by deleting the reference to "within 45 days following the Effective Date of this Agreement" in subparagraph 7.1 of the Agreement and inserting in lieu thereof the following: "on or before January 17, 2020". E. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of Florida. F. Paragraph Headings. The. paragraph headings herein have been inserted for convenience of reference only and shall in no way modify or restrict any of the terms or provisions hereof. 56 G. Ratification. The terms and provisions set forth in this Amendment shall modify and supersede all inconsistent terms and provisions set forth in the Agreement. Except as revised herein, the Agreement remains unmodified. As modified herein, the Agreement is ratified and confirmed in all respects, and shall continue in full force and effect. H. Multiple Counterparts. This Amendment may be executed simultaneously in two or more counterparts; each of which shall be deemed an original and all of which together shall constitute one instrument. I. Electronic Signatures. Except as provided in this Paragraph below, this Amendment, and any further amendments to the Agreement, may be executed only by hand - signatures; however, any such signatures may be transmitted by facsimile or email, and any such electronic transmissions of the signatures shall be deemed to constitute originals. Except as expressly provided in this Paragraph to the contrary, neither the Electronic Signatures in Global and National Commerce Act nor any parallel, corresponding or similar state law or regulation shall apply to the execution of this Amendment or any further amendment to the Agreement. Notwithstanding the: foregoing provisions of this Paragraph, the ratification of this Amendment by any of the Authorized Officers, Representatives, or Agents on behalf of Seller or Buyer may be accomplished by electronic signature using DocuSign or other similar technology. {Remainder of Page Intentionally Left Blank} 57 IN WITNESS WHEREOF, the parties hereto have executed this Amendment by and through their respective duly authorized representatives as of the day and year first above written. SELLER: PREMIER CITRUS, LLC a Florida limited liability company By: Name: Title: Date Signed: Witnessed by: Printed Name: Witnessed by: Printed Name: Approved for BCC Agenda: Jason E: Brown County Administrator Approved as to form And legal sufficiency: William K. DeBraal Deputy County Attorney BUYER: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS LE Susan Adams, Chairman Date Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk W CONSENT: 12/17/2019 8, F Ofce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney u_uI�:►1 u TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: December 10, 2019 ATTORNEY SUBJECT: Resolutions Cancelling Taxes on Properties Acquired by Indian River County for Public Purposes Resolutions have been prepared for the purposes of earmarking the public use of the properties and cancelling any delinquent, omitted or current taxes which may exist on the following properties acquired by Indian River County: 1. Public Purpose: right-of-way and stormwater treatment purposes Location/Description: 1200 37th Street Purchased From: Indian River Surgery Properties, LLC Instrument: Warranty Deed, recorded in Book 3248, Page 1509 2. Public Purpose: 65th Street right-of-way Location/Description: 6700 65th Street Dedicated From: Eugene M. Eichelberger, an unmarried man Instrument: Warranty Deed, recorded in Book 3243, Page 565 3. Public Purpose: Phase II of 66th Avenue improvements Location/Description: 7125 66th Avenue Purchased From: Paul Edward Thompson, Jr. and Rennie Sue Thompson, husband and wife Instrument: Warranty Deed, recorded in Book 3251, Page 353 59 4. Public Purpose: Phase II of 66th Avenue improvements Location/Description: 66th Avenue.and 61St Street Purchased From: Harris Groves, a Florida general partnership Instrument: Warranty Deed, recorded in Book 3238, Page 212 5. Public Purpose: Phase III of 66th Avenue improvements Location/Description: 683566 th Avenue Purchased From: Billy W. Jackson, joined by his wife Christine Jackson (and also quitclaimed by John A. Jackson, Jr., a single man (tenant)) Instrument: Warranty Deed and Quitclaim Deed, .recorded in Book 3235, Page 1575 and Book 3235, Page 1578, respectively 6. Public Purpose: Location/Description: Purchased From: Instrument: 7. Public Purpose: Location/Description: Purchased From: Instrument: FUNDING: Phase III of 66th Avenue improvements 725566 th Avenue A. Ronald Hudson a/k/a Audestine R. Hudson and Jackye V. Hudson f/k/a Jackye V. Porter, husband and wife Warranty Deed, recorded in Book 3232, Page 1581 Phase III of 66th Avenue improvements 6725 66th Avenue Glen C. Besancon, an unmarried man Warranty Deed, recorded in Book 3231, Page 1153 There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to cancel certain taxes upon the properties acquired by Indian River County for a public purpose, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: Resolutions cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 60 Purchased from Indian River Surgery Properties, LLC, a Florida limited liability company for right-of-way and stormwater treatment purposes for the future extension of 11th Drive from 37th Street to 4V Street tax parcel 32-39-26-00012-0000-00002.0 address: 1200 37th Street RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 61 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Indian River Surgery Properties, LLC, a Florida limited liability company, for right-of-way and stormwater treatment purposes for the future extension of 11th Drive. from 37th Street to 41St Street, are hereby cancelled pursuant to the authority of section 196.28, F.S. See warranty deed describing lands, recorded in O.R. Book 3248, Page 1509, of the Public Records of Indian River County, Florida. 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 Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 62 RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this 17th day of December, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA an ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller LM Deputy Clerk Susan Adams, Chairman Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $14,507.61 Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 63 Purchased from Eugene M. Eichelberger, an unmarried man for 65`" Street right-of-way part of tax parcel 32-39-07-00001-0080-00001.0 address: 6700 65`" Street RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 64 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Eugene M. Eichelberger, .an unmarried man, for 65th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See warranty deed describing lands, recorded in O.R. Book 3243, Page 565, of the Public Records of Indian River County, Florida. 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 Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 65 RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this 17th day of December, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 66 Purchased from Paul Edward Thompson, Jr. and Rennie Sue Thompson, husband and wife for Phase II of 66th Avenue Improvements part of tax parcel 32-39-06-00001-0090-00004.0 address: 7125 66th Avenue RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED, LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, .allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 67 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Paul Edward Thompson, Jr. and Rennie Sue Thompson, husband and wife, for. Phase II of 661h Avenue improvements, are hereby cancelled pursuant to the authority of section 196.28, F.S. See warranty deed describing lands, recorded in O.R. Book 3251, Page 353, of the Public Records of Indian River County, Florida. 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 Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari l& RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this 17th day of December, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ 316.23 Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney i! Purchased from Harris Groves, a Florida general partnership for Phase II of 66" Avenue Improvements part of tax parcel 32-39-18-00001-0010-00001.0 location: 66' Avenue and 61" Street RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 70 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Harris Groves, a Florida general partnership, for Phase II of 66th Avenue improvements, are hereby cancelled pursuant to the authority of section 196.28, F.S. See warranty deed describing lands, recorded in O.R. Book 3238, Page 212, of the Public Records of Indian River County, Florida. 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 Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 71 RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this 17th day of December, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 72 Purchased by warranty deed from Billy,W. Jackson, joined by his wife Christine Jackson (and also quitclaimed by John A. Jackson, Jr., a single man (tenant)) for Phase III of 66th Avenue Improvements part of tax parcel 32-39-07-00001-0010-00003.0 address: 6835 66'" Avenue RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 73 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by warranty deed by Indian River County from Billy W. Jackson, joined by his wife, Christine Jackson and also quitclaimed by John A. Jackson, Jr., a single man (tenant), for 66th Avenue improvements, are hereby cancelled pursuant to the authority of section 196.28, F.S. See warranty deed and quitclaim deed describing lands, recorded in O.R. Book 3235, Page 1575 and O.R. Book 3235, Page 1578, respectively, of the Public Records of Indian River County, Florida. 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 Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 74 RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this 17th day of December, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 75 Purchased from A. Ronald Hudson a/k/a Audestine R. Hudson and Jackye V. Hudson f/k/a Jackye V. Porter, husband and wife for Phase III of 66'h Avenue Improvements tax parcel 32-39-06-00001-0090-00001.1 address: 7255 66`h Avenue RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper 7 officials of the county and of the state are authorized, empowered, and directed 76 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and. all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from A. Ronald Hudson a/k/a Audestine R. Hudson and Jackye V. Hudson f/k/a Jackye V. Porter, husband and wife, for 66th Avenue improvements, are hereby cancelled pursuant to the authority of section 196.28, F.S. See warranty deed describing lands, recorded in O.R. Book 3232, Page 1581, of the Public Records of Indian River County, Florida. 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 Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 77 RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this 17th day of December, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 78 Purchased from Glen C. Besancon, an unmarried man for Phase III of 66th Avenue Improvements part of tax parcel 32-39-07-00001-0010-00006.0 address: 6725 66th Avenue RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of . I County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 79 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Glen C. Besancon, an unmarried man, for 66th Avenue improvements, are hereby cancelled pursuant to the authority of section 196.28, F.S. See warranty deed describing lands, recorded in O.R. Book 3231, Page 1153, of the Public Records of Indian River County, Florida. 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 Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this 17th day of December, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By - -- Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ 158.82 Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 81 B.U. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland M. DeBlois, AICP Community Development Director FROM: Bill Schutt, AICP Chief, Long Range Planning DATE: December 9, 2019 SUBJECT: Consideration of Modification One to the Impact Fee Update Consultant Services Contract with Tindale Oliver and Associates, Inc. It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 2019. DESCRIPTION AND CONDITIONS On June 13, 2017, three years after the most recent 2014 impact fee update, the Board of County Commissioners (BCC) reviewed the County's impact fee schedule, considered updating it, and decided to postpone an impact fee schedule update until 2019. On November 20, 2018, the BCC reviewed a draft scope of services for a Request for Proposals (RFP) for a consultant to update six (6) of the County's impact fees (excludes Correctional Facilities, Solid Waste Facilities, and Library .Facilities), update the local growth rate and the availability of "buy down" revenue used in the Affordable Growth model, and evaluate the County's three separate transportation impact fee benefit districts (north, central, and south county). After discussion, the BCC authorized staff to initiate the consultant selection process. Subsequently, staff incorporated the approved Scope of Services into an RFP (Request for Proposals) for consultant services and issued the RFP on December 14, 2018. By the January 18, 2019 submittal deadline, the County received two (2) proposals, which were thereafter distributed to a consultant selection committee to review. That selection committee, comprised of Stan Boling, Community Development Director, Kristin Daniels, Budget Director, and Phil Matson, Metropolitan Planning Organization Staff Director met on February 1, 2019 to review the. results of their independently evaluated and scored proposals in accordance with the County Purchasing Manual and the criteria established in the RFP. Based on the written proposal, staff experience, and other factors, the committee ranked Tindale -Oliver and Associates, Inc. as number one for impact fee update consultant services. RE On February 12, 2019, the Board of County Commissioners reviewed and approved the selection committee's recommendation and authorized staff to proceed with contract negotiations with the number one ranked firm, Tindale -Oliver and Associates, Inc. (and the subsequent ranked firm, should negotiations with the higher ranked firm fail). Thereafter, staff negotiated with Tindale - Oliver and Associates, Inc. and on March 26, 2019 the BCC approved a proposed impact fee update consultant services contract with that firm with an original estimated completion of the study and approval by the BCC in December 2019. The Tindale -Oliver contract is set to expire on January 1, 2020. Although Tindale -Oliver has made substantial progress in its work under the contract, it is anticipated that the work will not be completed by the contract expiration date. As such, the matter is being presented for the Board to consider approving a time extension to the contract. ANALYSIS Since approval of the contract, Tindale -Oliver and Associates, Inc., County Community Development Department, and Budget Department staff have extensively coordinated to provide data, review and respond to questions, review draft work, and to hold conference calls and meetings internally and with school district staff. Most recently, county staff met with School District staff to review current and future impact fee needs and met internally to review proposed impact fee rates for affordable housing and for commercial and industrial uses. While extensive progress has been made in developing the impact fee report, additional time is needed to complete it and present to the BCC. As approved, the contract with Tindale -Oliver and Associates contained an aggressive "preliminary schedule" within Appendix A. That preliminary schedule anticipated submittal of a final impact fee report on October 31, 2019 with public meetings during the months of November and December 2019. This was a "best case" scenario, assuming meetings could be arranged and scheduled promptly, data provided without any issues, draft documents reviewed quickly, and internal meetings promptly held. Recognizing that best case scenarios are not always achievable, and that additional time could be needed, the contract contains language to allow for the extension of the contract with the consultant. A proposed Modification One to the consultant contract to extend the completion date of the impact fee update study is attached for BCC consideration. That modification contains a proposed revised schedule that shows completion of the impact fee study and review by the BCC at public meetings in February and March of 2020. Revising the schedule as proposed will allow additional time to prepare the draft report for BCC review in January/February. While the proposed modification contains a proposed revised schedule and it is not anticipated that additional time will be needed beyond that schedule, the contract does also contain an allowance for additional time should it be needed. Similar to the previous 2013 contract with Tindale -Oliver and Associates, Inc., the Modification One will extend the contract end date out until the project is completed (no specified day) and allows for the modification of the schedule to be done administratively without RN a formal contract amendment, if agreed to by the consultant and county staff. This will allow for a. fixture extension should any unforeseen issues arise. To proceed with the project, the BCC now must authorize the Chairman to execute Modification One to the contract between Indian River County and Tindale -Oliver and Associates, Inc. FUNDING There are no changes in funding proposed with this contract modification. Charges for the Impact Fee Study will be paid with revenue from the Impact Fee administration fund. Funding for the Impact Fee Study is budgeted and available in the amount of $149,529.00 from Impact Fees/Administration/Other Professional Services (10320415-033190). RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Approve the proposed Modification One to the contract between Indian River County and Tindale -Oliver and Associates, Inc.; and 2. Authorize the Chairman to execute Modification One to the contract between Indian River County and Tindale -Oliver and Associates, Inc. ATTACHMENTS 1.) Proposed Modification One to the contract between the Indian River County Board of County Commissioners and Tindale -Oliver and Associates, Inc. for impact fee update consultant services. 2.) Copy of existing signed contract between the Indian River County Board of County Commissioners and Tindale -Oliver and Associates, Inc. for impact fee update consultant services. FXommunity DevelopmentUmpact Fee\IMPACT FEE STUDIES\201 S UpdateTonsultant Contract\EXECUTED CONTRACT\EXTENSION #1\BCC Agenda Item -Tindale Oliver and Associates Modification #l.docx X, _Replacement.p�5 Modification #1 to Impact Fee Study Update Agreement . MODIFICATION ONE TO INDIAN RIVER COUNTY IMPACT FEE UPDATE STUDY CONSULTANT CONTRACT By and Between INDIAN RIVER COUNTY And TINDALE-OLIVER AND ASSOCIATES, INC. THIS MODIFICATION, made and entered into this day of December, 2019, by and between TINDAI,E-OLIVER AND ASSOCIATES, INC., hereinafter referred to as "Consultant", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Consultant entered into a Contract for Impact Fee Update Services on March 26, 2019 to complete activities to include review existing and adopted levels of service to determine the LOS that can be used in the fee calculations; update impact fee credits based on the availability of other funding sources; update the Affordable Growth Model based on a reexamination of growth rate assumptions and available "buy down" revenue; develop an updated impact fee cost schedule; and review existing traffic impact fee benefit districts and make recommendations regarding boundary changes and/or reduction in number of districts; and WHEREAS, such contract established an end date of January 1, 2020, unless extended upon writtenapproval of County; and WHEREAS, additional time is needed for completion of impact fee update tasks and review of impact fee data and analysis; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: Devise Section I, Duration of the Contract as follows: This contract is valid from March 26, 2019 until januai=y 1, 24,V2 impact fee study is completed unless canceled by either Consultant or County, after a 30 day written notice. Consultant shall commence work within seven (7) days after receiving the notice to proceed, unless notice to proceed indicates otherwise. The may be ex-tiffinded tipen written Attachment 1 Page 1 of 3 0 ,rF eplac6 t page 86--- Modification #1 to Impact Fee Study Update Agreement Revise 66Appendix A\ Scope of Services": Replace the "proposed" project timeline included within Appendix A with the proposed modified project timeline below with the understanding that as the remaining steps in the project progress, said project timeline may be administratively adjusted by County staff with concurrence of Consultant. Remaining Portions of Contract: All provisions of the Contract and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Contract. IN l WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. (Signatures on Page 3) Page 2 of 3 Receipt of Notice to Proceed April 1, 2019 Submittal of the Data Needs Memo April 4, 2019 Kick-off Conference Call Week of April R, 2019 Receipt of All Requested Data April 10, 2019 Tasks 1 thru 4 Analyses April - December, 2019 Submittal of Draft Technical Report Septembeir -R^October 411 _ 9th , 2019 Draft Report Review Conference Call October 11, 2019 Submittal of Final Report 9eteher33z2019 Two weeks after receipt of all comments Public Meetings Oetebe4NeyembeF 2&19 January/February, 2020 Public Hearing eFAbe/Deee.m„he-:2n10 February/March, 2020 Remaining Portions of Contract: All provisions of the Contract and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Contract. IN l WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. (Signatures on Page 3) Page 2 of 3 Tindale -Oliver and Associates, Inc By Printed Name and Title Date l" placewTlent page 8 Modification #1 to Impact Fee Study Update Agreement I INDIAN DIVER COUNTY By its Board of County Commissioners By Susan Adams, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney FACommunity DevelopmentUrnpact Fee\Impact Fee Studies\2018 Update\Consultant Contract\EXECUTED CONTRACT\EXTENSION #1\ATTACH I - Contract Modification #1 - Tindale Oliver 2019 Impact Fee Study.doc EM FACommunity Development\Impact Fee\Impact Fee Studies\2018 Update\Consultant Contract\EXECUTED CONTRACT\EXTENSION #1\ATTACH 1 - Contract Modification #1 - Tindale Oliver 2019 Impact Fee Study.doc INDIAN RIVER COUNTY IMPACT FEE UPDATE STUDY CONSULTANT CONTRACT By and Between INDIAN RIVER COUNTY And TINDALE-OLIVER AND ASSOCIATES, INC. THIS CONTRACT FOR THE INDIAN RIVER COUNTY IMPACT FEE UPDATE STUDY between Indian River County, hereafter referred to as "County", and Tindale -Oliver and Associates, Inc., Impact Fee Study Consultant, hereafter referred to as "Consultant" is entered into this 26" day of March, 2019. I. Duration of the Contract This contract is valid from March 26, 2019 until January 1, 2020 unless canceled by either Consultant or County, after a 30 day written notice. Consultant shall commence work within seven (7) days after receiving the notice to proceed, unless notice to proceed indicates otherwise. The contract may be extended upon written approval by the County. II. Scope of Services Scope of Services is attached to this contract as Appendix "A". III. Compensation Method (Fees) The professional services described in the Scope of Services, including all travel expenses and other direct expenses, will be provided for a total cost of $149,529.00. County shall pay to Consultant a mutually agreed upon lump sum professional fee for each activity as shown on Appendix `B" of this contract, to be paid in monthly installments as invoiced by Consultant. Each monthly invoice will document the work performed. Upon submittal of an invoice documenting the completion of all or a portion of one or more of the Tasks listed in the Scope of Services, the County Project Manager will determine if the Tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made for the Task, Tasks, or portions thereof. All payments for services shall be made to Consultant by County in accordance with the Local Government Prompt Payment Act (Florida Statutes §218.70 et seq.) 2. The County Project Manager shall have the sole right to reduce (or eliminate, in whole or in part) any portion of the services at any time and for any reason, upon written notice to Consultant specifying the nature and extent of the reduction. In such event, Consultant shall be fully compensated for the services already performed and also for the services remaining to be done and not reduced or eliminated. 89 Attachment 2 3. The County Project Manager may, at any time and for any reason, direct Consultant to suspend services (in whole or in part) under this Agreement. Such direction shall be in writing, and shall specify the period during which services shall be stopped. Consultant shall resume its Services upon the date specified, or upon such other date as the County Project Manager may thereafter specify in writing. Where County has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended services may be subject to modification. The period during which the services are stopped by County shall be added to the time of performance of this Agreement; provided, however, that any stoppage of services not approved or caused by the actions or inactions of County shall not give rise to any claim against County by Consultant. 4. The County, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Accordingly, the County's performance and obligation to pay under this Agreement is contingent upon any annual appropriation by the Indian River County Board of County Commissioners. IV. Insurance and Indemnification 1. Consultant shall not commence work on this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by County's representative. . 2. Consultant shall indemnify and hold harmless County, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Consultant and other persons employed or utilized by Consultant in the performance of this Agreement. 3. Consultant shall maintain during the term of this Agreement the following insurance: A. Business Automobile Liability Insurance covering all owned, non -owned and hired vehicles with minimum limits of liability of $500,000 per occurrence Combined Single Limit for bodily injury and property damage. B. Commercial General Liability Insurance for premises/operations, products/completed operations, contractual liability, and independent contractors with a minimum combined single limit of $500,000 per occurrence. C. Worker's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereinafter amended. The policy must include Employers Liability with a limit of $100,000 for each accident, $500,000 for disease (policy limit), and $100,000 for disease (each employee). 4. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. All such insurers must have an A.M. Best rating of no less than A - VII. 90 Attachment 2 5. Consultant shall furnish certificates of insurance to County prior to the commencement of operations, which certificates shall clearly indicate that Consultant has obtained insurance in the type, amount, and classification as required for strict compliance with this section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the County. 6. Compliance with the foregoing requirements shall not relieve Consultant of its liability and obligations under this section or under any other portion of this Agreement. V. Audit Rights County reserves the right to audit the records of Consultant related to this contract at any time during the execution of the work included herein and for a period of three years after final payment is made. Bills for fees or other compensation for services or expenses shall be submitted to County in detail sufficient for a proper pre -audit and post audit thereof. VI. Other Requirements and Legal Notices • Debarment Consultant certifies that he has not been debarred from bidding, proposing, or contracting for federal, state, or local government programs or activities. • Independent Contractor It is specifically understood and acknowledged by the parties hereto that Consultant or employees or subcontractors of Consultant are in no way to be considered employees of County, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 0 Assignment Consultant shall not assign this contract without the express written approval of County via executed amendment. • Miscellaneous The terms of this Agreement may be modified upon the mutual agreement of Consultant and County as confirmed in writing. 2. It is mutually agreed between County and Consultant that this Agreement, including all attachments to it, constitutes an agreement, made in Florida, and that it shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 3. All remedies provided in this Agreement shall be deemed cumulative and additional, and not 91 Attachment 2 in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 4. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. . • Written Notices Any notice of cancellation of this contract shall be in writing and given by certified mail, return receipt requested, or in person with proof of delivery, to the addresses below, or such other address as either party shall have specified by written notice to the other party delivered in accordance herewith: Consultant: Steve Tindale Tindale -Oliver & Associates, Inc. 1000 North Ashley Drive Suite 400 Tampa, FL 33602-3719 County: Stan Boling, AICP Community Development Director Indian River County 180127 1h Street Vero Beach, FL 32960 Fax #: (772) 978-1806 Phone #: (772) 226-1253 • Termination This Agreement may be terminated: 1) by County, for any reason, upon thirty (30) days prior written notice to Consultant; or 2) by Consultant, for any reason, following thirty (30) days prior written notice to County; or 3) by the mutual agreement of the parties; or 4) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 2. In the event of termination by County, County's sole obligation to Consultant shall be payment for those portions of satisfactorily completed performed work previously authorized. Such payment shall be determined on the basis of the hours of work performed by Consultant, or the percentage of work complete as estimated by Consultant and agreed upon by County up to the time of termination. In the event of such termination, County 92 Attachment 2 may, without penalty or other obligation to Consultant, elect to employ other persons to perform the same or similar services. 3. The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 4. In the event that Consultant merges with another company, becomes a subsidiary or makes any other substantial change in structure or in the following principals or project manager Steve Tindale, P.E., County reserves the right to terminate this Agreement in accordance with its terms. 5. In the event of termination of this Agreement, Consultant agrees to surrender any and all documents prepared by Consultant for County in connection with this Agreement, of which County shall have full ownership thereof. Consultant shall retain copies of such documents for record purposes. In the event that this Agreement is terminated by either party prior to Consultant's satisfactory completion of all work as described in the Scope, the project will be deemed abandoned, and no compensation will be paid by County to Consultant for tasks or portions thereof not yet satisfactorily completed. 7. County may unilaterally cancel this Agreement for refusal by Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by Consultant in conjunction with this Agreement. County may terminate this Agreement in whole or in part if Consultant submits a false invoice to County. 9. County may terminate this Contract if Consultant is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 10. County may terminate this Contract if Consultant, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. VII. CCNA Warranty and Truth -in -Negotiation Certificate 1. Consultant warrants that he has not employed or retained any company or person other than a bona fide employee working solely. for Consultant to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm other than a bonafide employee working solely for Consultant any fee, commission, 93 Attachment 2 percentage, gift or other compensation, contingent upon or resulting from the award or making of this Agreement.. 2. Execution of this Agreement by Consultant shall act as the execution of a truth -in - negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged Consultant's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should County determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants, if any such outside consultants are used with the prior written approval of County. County shall exercise its rights under this "Certificate" within one (1) year following final payment. County has the authority and right to audit Consultant's records under this provision. County does not hereby waive any other right it may have pursuant to Florida Statutes section 287.055, as it may be from time -to - time amended. VIII. Responsibilities of the Consultant 1. The services rendered by Consultant shall be commenced upon written notice from the County. Consultant agrees to complete the Project within the time frame specified in the Scope of Services. 2. Consultant shall not commence work under this contract until it receives a written Notice to Proceed from the County. 3. Consultant shall submit copies of all proposed changes to the project scope of services for review and approval by County before authorization of any contract change order. After said review and approval by County, changes shall not be effective unless in writing and properly executed by the parties. 4. Consultant, as a part of the consideration hereof, does hereby covenant and agree that: 1) in connection with the furnishing of services to County hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and 2) Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 5. Consultant shall designate a representative to keep County staff informed as to all aspects of the project work. The name and address of Consultant's designated representative is: Steve Tindale, 1000 North Ashley Drive, Suite 400, Tampa, FL 33602. 6. Consultant shall have all records and project work accessible for inspection and review by County at such time as is mutually agreeable to all parties. 94 Attachment 2 7. Consultant shall keep and maintain financial, invoice, and employment records pertaining to the contractual obligation between County and Consultant for pre -audit and post -audit purposes for a period of three (3) years following the completion of all project work, or until all claims and audit findings involving the records have been received, whichever is later. County, or any of its duly authorized representatives shall have access to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts, and transcription. 8. Consultant shall forward all documentation as it pertains to the project to the designated County Project Manager. Name: Stan Boling Address: Indian River County, 1801 27th Street, Vero Beach, FL 32960. 9. It is understood and agreed that all documents, including reports and other data prepared or obtained by Consultant in connection with its services hereunder, shall be delivered to, and become the property of, County prior to final payment to Consultant. 10. In connection with professional services to be rendered pursuant to this contract, Consultant further agrees to: A. Maintain an adequate staff of qualified personnel. B. Ensure that plans meet all current federal, state and local laws, rules, or ordinances applicable to the work. C. Cooperate fully with County in the scheduling and coordination of all phases of the work. D. Cooperate and coordinate with other County consultants, as directed by County. E. Report the status of the work to County upon request and hold pertinent data, calculations, field notes, records, sketches and other projects open to the inspection of County or its authorized agent at any time. F. Interpret plans and other documents; correct errors and omissions and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost within thirty (30) calendar days of notice by County, or upon a determination of Consultant of the existence of such errors or omissions, whichever event shall first occur. 11. Consultant shall, during the entire term of this Contract, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for Consultant to render its services as described in this Agreement. Consultant shall also require all sub -consultants to comply with the provisions of this section. IX. Responsibilities of the County County shall provide Consultant access to appropriate records, documents, and other materials necessary to complete the project. 95 Attachment 2 2. The County Project Manager shall represent County in all technical matters pertaining to the work and performance of this Contract, and his responsibilities shall include: A. Examination of all reports, surveys, and other documents presented by Consultant and rendering, in writing, decisions pertaining thereto within a reasonable time so as not to materially delay the work of Consultant. For purposes of this contract, reasonable period of time will mean four (4) weeks from receipt of applicable material. B. Transmission of instructions, receipt of information, interpretation and definition of County policies and decisions with regard to the work covered by this Contract. C. Transmission of prompt written notice to Consultant whenever County observes or otherwise becomes aware of any defects or changes necessary in the project. X. Prohibited Interests No member, officer, or employee of County or of the member governments during his/her tenure or for two years thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. This requirement also applies to any subcontract entered into by Consultant concerning this project. XI. Public Entity Crime Affidavit As provided by Florida Statute 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or a public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Any person must notify the County within 30 days after a conviction of a public entity crime applicable to that person or to an affiliate of that person. By its execution hereof, CONSULTANT certifies that neither it nor an affiliate is on the convicted vendor list. XII. Entire Contract This Contract and its Attachments hereto embody the whole agreement of the parties, and there are no provisions, terms, conditions, or obligations other than those contained herein. This Contract shall supersede all previous communications, representations, or oral agreements between the parties, and no amendment hereto shall be effective unless reduced to writing and signed by the parties hereto. XII. Subcontracting Services assigned to sub -consultants must be approved in advance by County. The sub -consultants 96 Attachment 2 must be qualified by County to perform all work assigned to them. XIII. Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant 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 Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT 'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(aircgov.com Indian River County Office of the County Attorney 180127' Street Vero Beach, FL 32960 C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 97 Attachment 2 IN WITNESS OF THE FOREGOING, the parties have read this contract and attachments to it and have affixed their signatures, effective on the date first appearing above. Consultant: By Printed Name and Title Date Witness: By INDIAN RIVER COUNTY By its Board of County Commissioners By Bob Solari, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Printed Name and Title Approved: Date Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 98 Attachment 2 >it� Tab K& t roject Approach & Project Schedule This section of the proposal provides a brief background review, followed-up with project approach. BACKGROUND REVIEW/ UNDERSTANDING Located on south central Florida's eastern coast, Indian River County has a current population of 150,000. As shown in Figure 1 below, the County experienced an average annual growth rate of 2.5% between 2000 and 2008. Similar to many other communities, this growth rate decreased to 0.4% per year during the economic downturn between 2009 and 2015. Since then, the population growth rate reached 1.9% per year, reflecting the recent recovery. Most of this growth is occurring in unincorporated county while the five municipalities, located mostly in the coastal 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% areas of the county, accommodate almost 35% of the population within 10% of the land area. Similar to population growth trends, taxable value per capita in Indian River County increased at an average rate of 13% per year between 2000 and 2006. Between 2007 and 2013, the tax base per capita declined. Over the past five years, the tax base started to increase again. These fluctuations in property tax revenues, shown in Figure 2 on the next page, along with population growth make it important for local governments to use alternative revenue sources for government services. To address the infrastructure costs associated with new growth, Indian River County instituted a countywide traffic impact fee program in 1986. Due to the level of growth, the Board of County Commissioners (BCC) in 2005, approved impact Figure 1: Annual Population Growth Rate (2000-2018: 3 -yr Running Avg) 0.00% o g o 0 0 0 0 0 Source: BEER, Volume 51, Bulletin 180, January 2018 N TindaleMliver INDIAN RIVER COUNTY I Impact Fee Update K & L -1 Attaohmi&lte2iver.com ` 1? Tab K& L: ProjectApprooch & Project Schedule Figure 2: Taxable Value per Capita Growth Rate 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% -5.0% -10.0% -15.0% �Indian River County Florida 0�0 O�� O�� OpS Oda Ooh -fll Opp Off$ ��� O,� O 11 'L 'L 'L 'L 'L 'L 'L 'L 'L 'L 'L 'L '1. Source: Florida Property Valuations and Tax Datobook fees for eight additional service/facility categories. Subsequently, as part of the 2014 update, the BCC suspended three of these (correctional facilities, solid waste, and libraries). At this time, to comply with the Impact Fee Ordinance requirementsand to reflect most recent data, the County is interested in updating the fees that are currently in place, including: > Traffic > Public Education Facilities > Fire/Emergency Services > Law Enforcement > Public Buildings > Parks In addition, the study will include the update of the Affordable Growth Model based on a review of population growth trends and projections, and available revenue to buy down the fees. PROJECT APPROACH This scope of services to prepare an impact fee update study is organized into six major tasks that outline the analysis related to initial background review/data collection, technical analysis to update the fee for the six program areas, administrative fee update, update of the INDIAN RIVER COUNTY i Impact Fee Update transportation impact fee benefit districts, update of the Affordable Growth Model, a technical report and meetings/presentations. The work plan for each of the six major tasks is presented in the remainder of this section. SCOPE OF SERVICES TASK 1: Data Collection and Analysis (Addresses Portions of Task 1 of the RFP Scope) Upon receipt of the Notice to Proceed, Tindale Oliver will coordinate with the County the collection of the specific studies, data, previous current policies and procedures, and other related information necessary to complete the study. Some of the data items that will be collected include: > Updated capital asset inventories for each service areas. Tindale Oliver will provide the 2014 files obtained during the previous study for the County staff to update. In the case of school impact fee, the inventory will be updated based on the most recent FISH report. Public education administrative, maintenance and fleet inventories will be based on those included in the 2014 study. K&L-� TndaleA(Gliver Attach"Mte2iver.com /OD -. Tab K & L: Project Approach & Project Schedule > Indian River County MPO 2040 Cost Feasible Plan. > Actual costs of construction and right+f-lvay acquisitions for roadway projects completed over the past five year as well as on-koing projects. > Recent construction project costs, recent bids, and land purchases/appraisals for each service area. > Non -impact fee funding sources and levels used for each infrastructure included in the study. Tindale Oliver will facilitate a kickoff meeting with key County staff to review the data needs and data items received, identify and discuss major technical, legal, and policy issues; coordinate staff/Tindale Oliver responsibilities; and refine the project schedule as necessary. Some of the technical and policy issues that will be discussed include the following: > Role of impact fees in funding infrastructure in Indian River County and level of flexibility needed to meet the County's goals. > Affordable Growth methodology and changes in the County' growth levels. > Alternative funding available for each service area. > Establishment of needs in terms of future projects. > Realignment of benefit districts. > Any administrative or implementation related issues/concerns. TASK 2: Impact Fee Technical Analysis (Addresses Portions of Task.1 of the RFP Scope) This task addresses the update of the six impact fee program areas, which will reflect the capital costs of providing infrastructure in each program area in Indian River County. This work effort includes the update of the inventory of existing facilities; preparation of a demand component; a review of the construction, land, right-bf-way, vehicle, equipment, and other related costs; and credits. Subtask 2.1- Inventory of Existing and Planned Facilities As mentioned previously, the County will provide an updated inventory of the six infrastructure types within the County, as well as planned facilities. INDIAN RIVER COUNTY I Impact Fee Update The roadway inventory includes all non -local classified roadways in the county. The fire/EMS and law enforcement facility inventories include stations and other buildings, vehicles, and equipment. The public buildings inventory includes general government buildings and other support facilities. The parks inventory includes park land and recreational facilities, such as baseball/softball fields, tennis courts, playgrounds, etc. The public education facilities inventory will be obtained from the FISH report and includes school buildings, administrative and maintenance buildings, land, and white and yellow fleets. A summary of capital asset inventory for each program area will be incorporated into the technical report. Subtask 2.2 - Level of Service Analysis Tindale Oliver will document the County' current, achieved level of service (LOS) and its adopted LOS in the Comprehensive Plan, as available. This will determine the appropriate LOS that can be used in the impact fee calculations. In addition, a comparison of County's achieved LOS and adopted LOS standard to those in other Florida counties will also be provided. Subtask 2.3 - Demand Component Tindale Oliver will Calculate the demand component for each impact fee program area. In the case of transportation, demand is measured in terms of vehicle miles of travel (VMT). Tindale Oliver has an extensive database that includes trip characteristics studies for over 40 land uses. The demand component will be updated based on secondary data sources, such as the latest ITE Trip Generation Handbook, Tindale Oliveri trip characteristics database, and any alternative studies that may have been conducted in Indian River County. Parks and recreation impact fees typically are charged to residential land uses only, and demand is measured in terms of population per housing unit. This information will be obtained from the American Community Survey. Consistent with the current adopted methodology, functional population will be used for law enforcement, fire/EMS, and public buildings impact fees. Functional population K&L-0 TindaleAGliver Atta0hffl0MteRiver.com IOa( Tab K & L: Project Approach & Project Schedule measures the benefit to each land use based on the presence of people at that land use throughout the day. In other words, land uses are charged for the availability of these services based on full4ime equivalent persons present at each land use throughout the day. For public education facilities, demand is measured in terms of student generation rate. Tindale Oliver has developed a Geographic Information Systems (GIS) -based approach that ties student addresses to parcel addresses from the Property Appraiser's database. We used this approach in school impact fee studies for several counties, including Indian River County, which resulted in a more accurate and detailed demand component. The student generation rates will reflect the average number of public school students by type of school (elementary, middle, high) per housing unit and will be calculated for each type of dwelling unit (single-family, multi- family, mobile home, etc.). Finally, as part of this task, land uses. included in the County's impact fee schedules will be reviewed and discussed with the County to determine if certain changes are necessary. This work effort will be documented in the technical report. Subtask 2.5 - Cost Component The cost component for each impact fee program area will be calculated to reflect the current cost of adding capacity in Indian River County. Cost elements reviewed will include design and engineering inspection, construction, right+f- way, bridge construction costs, roadway safety improvements, land purchase, vehicle/equipment purchase, and other related costs. Tindale Oliver will review the Capital Improvement Programs, Long Range Transportation Plan, the Capital Improvement Element of the Comprehensive Plan, the Indian River County School District Capital Improvement Plan and Master Plan, annual budgets/reports, recent bids, recently - completed local projects (past five years), recent land/ROW purchases or appraisals, and other relevant documents to identify capital service facility system improvement costs that may be considered in the calculation of the cost component of the impact fee formula for the County. This information will compared to and/ or supplemented with Tindale Oliver' cost INDIAN RIVER COUNTY I Impact Fee Update databases that include information from other Florida jurisdictions. In the case of school impact fees, local cost estimates will be compared to the construction costs established by the Department of Education (DOE) to comply with the 2016 legislation requiring school districts to limit their spending on new construction to estimates prepared by DOE. Based on discussions with the School District and County staff input, the appropriate cost level will be used in the final calculations. This work effort will be documented in the technical report. Subtask 2.6 - Credit Component Tindale Oliver will review historical and projected capital improvement funding sources and expenditures for land, construction, design and engineering inspection and other related costs in Indian River County. These may include the recently extended local option sales tax, fuel tax, ad valorem tax, grants, and other non -Impact fee funding. Debt service for any bond proceeds used for capacity expansion projects will be reviewed and documented as appropriate. These calculations will reflect any recent and/or anticipated changes in how the capital assets are funded. This information will be used to prepare the credit component of the impact fee formula. This work effort will be documented in the technical report. Subtask 2.7 - Transportation Impact Fee Benefit Districts (Addresses Task 4 of the RFPscope) Tindale Oliver will review existing three impact fee benefit districts and make recommendations regarding any boundary changes and/or reduction in the number of districts. The analysis will be based on a review of physical or man- made barriers, municipal boundaries, travel patterns in the county, revenue generation in each benefit district and other similar criteria. If desired by the County, as part of this analysis, Tindale Oliver will identify any regional roads that may be eligible for funding from all districts. TASK 3: Update ofAffordable Growth Model (Addresses Task 2 of the RFP scope) As part of the 2014 update study, Tindale Oliver developed an affordable growth model for Indian River County. This model evaluates the available K&L-� Tisdale Oliver AttaO +&Mte2iver.com /OX Tab K & L: Project Approach & Project Schedule funding sources and levels for capacity projects compared to projected growth levels and adjusts fees accordingly. This approach recognizes the new development's impact is moderated in more urbanized areas with a larger population and tax base and available infrastructure compared to more suburban/rural areas with high growth rate and limited tax base and infrastructure. Based on the analysis outlined in Task 2 as well as projected population growth levels, this task will update the affordable growth model to assist the County in developing incentives to encourage the desired types of future development. Results of this task will be incorporated in the draft technical report. Task 4: Updated Fee Schedules and Technical Report Subtask 4.1- Updated Fee Schedules (Addresses Task 3.2 of the RFP Scope) Based on the analysis conducted in Tasks 1 through 3, an updated fee schedule will be developed for each service area. The fee schedules will reflect the preferred policy and other alternatives selected by the County, as appropriate. Subtask 4.2 - Administrative Review and Fee Update (Addresses Task 3.1 of the RFP Scope) Tindale Oliver will review the current procedures and other relevant information available from the County to estimate staff time associated with administering the existing impact fee program. Based on this information, the annual costs for administering the impact fee program will be estimated and an update of the administrative fees will be prepared. This update will comply with the state requirement of administrative costs not exceeding actual cost of administering the program. Tindale Oliver will also review administration policies an procedures and make recommendations for improvements, if necessary. Subtask 4.3 -Technical Report (Addresses Task 5.2 of the RFP Scope) Results of Tasks i through 4.2 will be summarized in a draft technical report. The technical report will include all information, estimates, projections, and data analysis as well as any assumptions made and methodologies employed INDIAN RIVER COUNTY I Impact Fee Update to complete these tasks. Upon receipt of comments from the County, Tindale Oliver will make the necessary revisions to the draft report and prepare the final report, which will incorporate input from the County and other community groups and agencies as appropriate. TASKS: Meetings and Presentations (Addresses Task 5.1 of the RFP Scope) As part of this study, the following meetings and presentations will be conducted: > Kickoff conference call meeting. One conference call meeting with the County staff to review draft report findings and prepare for public meetings. Three in-person meetings/workshops/public hearings for review and adoption of the impact fees. During these days, Tindale Oliver will also be available to meet with County staff separately. For all presentations, Tindale Oliver will prepare user-friendly, easy -to -follow materials in PowerPoint and provide drafts to County staff for review prior to the each meeting/presentation. In addition to these formal meetings, Tindale Oliver will be in close contact with the County'l Project Manager to ensure that the County is aware of the study's progress. TASK 6: Impact fee Update Requirements and Provisions of Work (Addresses Task 6 of the RFP Scope) Tindale Oliver will complete the study in nine months from the issuance of the Notice to Proceed, provided that the County provides the necessary data and schedules public meetings in a timely manner. A preliminary schedule is provided on the next page, which can be adjusted to better meet the County$ needs. Tindale Oliver will submit written progress reports on a monthly basis describing the work performed on each task. In addition, on a monthly basis, we will submit one originally signed copy of an invoice package to the County' Project Manager. K&L-� Tindale g(Oliver Attaahr Me2iver.com /40 Tab K & L: Project Approach & Project Schedule Indian River County Comprehensive Impact Fee Update Tindale Oliver Proposed Project Timeline %h@MaQMB Receipt of Notice to Proceed Aril 1, 2019 Submittal of the Data Needs Memo Aril 4, 2019 Kick ff Conference Call Week of April 8, 2019 Receipt of All Requested Data Aril 10, 2019 Tasks 1 thru 4 Analyses Aril - Ncember, 2019 Submittal of Draft Technical Report September 30, 2019 Draft Report Review Conference Call Week of October 7, 2019 Submittal of Final Report October 31, 2019 Public Meetings October/November, 2019 Public Hearing November/December, 2019 QUALITY ASSURANCE/QUALITY CONTROL of this project to ensure that we continue to meet the proiect schedule. The Tindale Oliver Team has a reputation for completing projects on time while meeting or exceeding the clients' expectation of quality. This is accomplished through the development of detailed tasks, time management practices, project staff meetings with assigned personnel, and regular communication with the client project manager. To ensure that the study stays on schedule, the Tindale Oliver Team conducts weekly internal project meetings to communicate on the progress Projecteriteria Technical Review Assumptions Project Protocols Detailed Review Data Input/ Output In terms of communicating with the County staff, in addition to the periodic meetings outlined under the Scope of Services, the Tindale Oliver Team will be in contact with the County staff on a regular basis through phone conferences regarding any questions about the data, progress of the study, and other related issues. In the past, Tindale Oliver has been consistently successful in keeping its clients informed of their study' progress. Project Plan Timelines Project Approach Budgets COMMITMENT TO Schedule Project Team rj 5 ouaunr Editorial Review - OUALITY OUALITY SCHEDULE COST CONTROL !v ASSURANCE ADHERENCE / CONTROL Q ad ControllAssuronce INDIAN RIVER COUNTY i Impact Fee Update K&L-� Tndale (O iver AttaofWMOIte2iver.com �O� COST PROPOSAL As shown on the Proposal Pricing table below, the professional fees and expenses associated with the Indian River County Impact Fee Update are estimated at $149,529 forthe update of transportationi fire/emergency services, law enforcement, public buildings, parks, and public education facilities impact fees, which includes two conference calls and three in+erson meetings. Tab M Cost Proposal This is a lump sum budget which includes all services and necessary travel, and the County will be invoiced monthly for the,portion of the work completed. A detailed breakdown of the budget is included on the following page. Tindale Oliver will be happy to respond to any questions from County staff to clarify our proposed costa nd/or provide additional information as necessary. Indian River County Impact Fee Update Tindale Oliver Proposal Pricing Table Task 1 Data Collection and Anal sis $98,549 Task 2 Methodology -- Opdate Affordable Growth Model $11,637 Task 3 -Update Fee Schedule $12,995 Task 4 -Transportation Impact Fee Benefit District $5,525 Task 5 IFinal Report $6,232 Task 6 Meetin s & Presentations14 591 Total $149,529 INDIAN RIVER COUNTY l Impact Fee Update M-1 Tindaie (O iver Attapr"ap pAeRiver.com /05 Tab M: Cost Proposal Indian River County Impact Fee Update Tindale Oliver Proposed Project Budget FAD IAMB REPE1 ObEw MUM10 fflw qDM , TASK 1 DATA COLLECTION AND REVIEW 3.0 6.0 4.0 1.0 0.0 LO 15.0 2,252 1.1 Send Data Request Memorand urn 1.0 2.o 1.0 1.0 5.0 $727 1.2 Review Background Materials & Data Received 2.0 4.0 3.0 1.0 10.0 $1,525 TASK JIM PACT FEE TECHNICAL ANALYSIS 61.01 IS3.01 323.01 216.01 S1.01 6.01 810.01 $101,822 2.A UPDATE TRAFFIC IMPACT FEE 24.0 59.0 124.0 62.0 11.0 LO 28L0 $36,637 2.A1 Inventory/LOS 3.0 10.0 18.0 14.0 1.0 46.0 $5,822 2.A2 Cost Component 7.o 15.0 32.0 18.0 4.0 76.0 $9,860 2.A3 CreditCom ponent 4.o 12.0 34.0 18.0 3.0 71.0 _ $8,975 2.A4 Demand Component 4.0 14.0 25.0 3.0 46.0 6,655 2.A5 Benefit District Ana lysis 6.0 8.0 15.0 9.0 4.o 42.0 $5,525 2.8 UPDATE EDUCATIONAL FACILITIES IMPACT FEE 13.0 39.085.0 47.0 29.0 LO 214.0 26,322 2.81 Inventory3.0 5.0 8.0 7.0 1.0 1.0 25.0 $3,187 2.82 Cost Component 4.0 12.0 22.0 15.0 3.0 56.0 $7,115 2.83 Credit Component 3.0 14.0 23.0 14.0 54.0 $7,065 2.84. Demand Component 3.0 8.0 32.0 11.0 25.0 79.0 $8,955 2.0 UPDATE PARKS IMPACT FEE 8.0 25.0 37.0 39.0 3.0 LO 113.0 $14,012 2.C1 Inventory/LOS 2.0 6.0 11.0 8.0 1.0 28.0 3,557 2.C2 Cost Component 2.0 10.0 14.0 18.0 3.0 47.0 $5,555 2.C3 Credit Component 2.0 6.0 7.o 9.0 24.0 $3,025 2.C4 Demand Component 2.0 3.0 5.0 4.0 14.0 $1,875 2.D UPDATE PUBLIC BUILDINGS IMPACT FEE 6.01 13.0 25.0 23.0 _ _ 2.0 LO 70.0 $8,717 2.D1 Inventory/LOS _ 2.0 4.0 5.0 6.0 1.0 18.0 $2,267 2.D2 Cost Component 1.0 5.0 6.0 5.0 2.0 19.0 _ $2,360 2.03 Credit Component 2.0 2.0 8.0 5.0 17.0 $2,200 2.04 Demand Component 1.0 2.0 6.0 7.o 16.0 $1,890 2.E UPDATE LAW ENFORCEMENT IMPACT FEE 5.0 6.0 25.0 22.0 3.0 LO 64.0 7,712 2.E1 Inventory/LOS 1.0 2.0 5.0 6.0 1.0 1.0 16.0 $1,822 2.E2 Cost Com onent 1.0 2.0 6.0 5.0 2.0 16.0 $1,880 2.E3 Credit Component 1.0 2.0 6.0 4.0 15.0 $1,920 2.E4 Demand Component 2.0 2.0 6.0 7.0 17.0 $2,090 2.F UPDATE FIRE/EMS FACILITY IMPACT FEE 5.0 9.0 27.0 23.0 3.0 LO 68.0 8,222 2.F1 Inventory/LOS 1.0 3.0 7.0 6.0 1.0 1.0 19.0 $2,252 2.F2 Cost Component 2.0 2.0 6.0 6.0 2.0 18.0 $2,160 2.F3 Credit Component 1.0 2.0 8.0 4.0 15.0 $1,920 2.F4 Demand Component 1.0 2.0 6.0 7.0 16.0 $1,890 TASKS JUPDATE OFAFFORDABLE GROWTH MODEL 1 10.01 1ELO1 31.01 20.01 12.01 LOI 92.01 $11,637 3.1 lAfford able Growth Analysis --[-10.01 18.01 31.01 20.01 12.01 1.01 92.01 $11,637 TASK4 FEE SCHEDULES & TECHNICAL REPORT 1 16.01 34.01 SS.01 33.01 6.01 1.01 145.0 $19,227 4.1 Fee Schedule Preparation 1 6.0 12.0 22.01 18.0 58.0 $7,530 4.2 Administrative Cost Calculations 1 4.01 12.01 15.01 9.01 1 1 40.0 $5,465 4.3 Prepare Draft and Final Reports 1 6.01 10.01 18.01 6.01 6.01 1.01 47.0 $6,232 TASK6 IMEETINGS AND PRESENTATIONS 1 31.01 39.01 9.01 9.01 0.01 3.01 9L0 $14,591 6.1 Kick-offMeeting(Conf Call) 3.o 3.o 1.0 7.o $1,152 6.2 One Conference Ca to Present Draft Impact Fee Study Results 4.0 ;;;;;3;0;0;A 3.0 1.0 17.0 $2,477 6.3 Three Additional Meetings 24.0 6.01 1.0 67.0 $10,962 TOTAL PROJECT BUDGETI 121.01 2SO.01 422.01 279.01 69.01 12.01 1,153 $149,529 INDIAN RIVER COUNTY I Impact Fee Update Tindale ANDliver Atta0lAej9iver.com 149& INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, Asst. Public Works Director SUBJECT: Sector 5 Beach & Dune Restoration Project APTIM Amendment No. 1 to Work Order 2018029-4 (IRC -1923) DATE: December 3, 2019 DESCRIPTION AND CONDITIONS On April 3, 2018, the Board approved a contract with APTIM Environmental & Infrastructure, LLC (APTIM) for professional coastal engineering and biological support services related to the management and restoration of Sector 5 beach project area. The Sector 5 project area is a 3 -mile section of shoreline that extends just north of Tracking Station Beach Park south to the Gables Oceanfront Condominiums. The Sector 5 project area sustained damage from Hurricane Matthew (2016) and Hurricane Irma (2017) and is in need of a large-scale beach and dune nourishment project to.maintain protection to upland properties and infrastructure. On May 29, 2019 the Board approved Work Order No. 2018029-4, in the amount of $241,741.00, to provide professional services in support of construction administration and monitoring prior to, during, and after construction of the Sector 5 Beach Restoration Project. On December 10, 2019 the Board approved Change Order No. 1 in the amount of$1,879,240.02to Rio -Bak Corporation, to install an additional 83,100 tons of sand within the project limits of the Sector 5 Beach & Dune Restoration Project due to the impacts of Hurricane Dorian on September 3, 2019. The above Change Order to Rio -Bak impacted the original Work Order approved by the Board for the construction monitoring services being provided by APTIM. Due to the extra work being completed by Rio - Bak in a condensed time frame; Public Works Staff requested a cost proposal from APTIM for an amendment to- Work Order No. 2018029-4 in order to cover the additional construction monitoring services as a result of the unplanned Saturday and Sunday work operations in order to meet our project completion deadlines. The Consultant provided a costproposal of $54,479.25, to accomplish the additional construction monitoring services as detailed in proposed Amendment No. 1 to APTIM Work Order No. 2018029-4. County staff has reviewed the proposed cost for Amendment No.1 in the amount of $54,479.25 and found the cost to be in line with the current approved work order and existing professional services agreement. FUNDING: 107 Local funding for beach restoration is provided by a portion of Local Option Tourist Tax. Funding for construction monitoring services of the Sector 5 Beach and Dune Restoration Project in the amount of $241,741 is budgeted and available in the Beach Restoration Fund/Sector 5 Beach Renourishment/Hurricane Matthew account # 12814472-066510-17001. Funding for the proposed $54,479.25 outlined in Amendment No. 1 will be funded by a budget amendment from Beach Restoration Fund/Cash Forward Oct. V. Although the County is included in FEMA's Hurricane Dorian disaster declaration, no project worksheet has been formulated at this point. Staff anticipates 75% Federal reimbursement and 12.5% State reimbursement for this change order. RECOMMENDATION Staff recommends the Board authorize additional funding for Amendment No. 1 to Work Order No. 2018029-4 in the amount of $54,479.25 producing a new total work order lump sum price of $296,220.25. Additionally, staff recommends the Board authorize the Chairman to execute Amendment No.1 to Work Order No. 2018029-4. ATTACHMENTS Amendment No. 1 to Work Order No. 2018029-4 Exhibit 1 Exhibit 2 AGENDA ITEM FOR DECEMBER 17, 2019 108 AMENDMENT 1 TO WORK ORDER 2018029-4 SECTOR 5 BEACH AND DUNE RESTORATION PROJECT (IRC -1923) 2019 CONSTRUCTION ADMINISTRATION This Amendment 1 to Work Order Number 2018029-4 is entered into as of this day of 2019 pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17t' day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, LLC ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 2018029-4, Effective Date June 4, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit 1 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 2, and within the timeframe outlined in above -referenced Work Order, 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: APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Susan Adams, 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 William K. DeBraal, Deputy County Attorney 109 �0 APTIM November 12, 2019 Mr. James Ennis, PE, PMP Assistant Public Works Director Indian River County Public Works 1801 27th Street Vero Beach, FL 32960 Aptim Environmental & Infrastructure, LLC 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com EXHIBIT 1 Subject: Indian River County,. FL Sector 5 — 2018029 — Work Order #4 — Amendment 1 Construction Administration Dear James: This amendment to the scope of work previously submitted by Aptim Environmental & Infrastructure, LLC (APTIM) on May 17, 2019, presents a revised proposal of professional services to Indian River County (County) in support of the Sector 5 Beach and Dune Restoration Project. The amendment to the scope of work described herein is to support the County in administering construction for the Sector 5 project including periodic site observations and project certification. The tasks to perform this work were provided in full in the Work Order # 4 proposal submitted on May 17, 2019. This amendment is submitted to provide APTIM staff support for an additional fifty (50) site observation days the Contractor has determined will be required to complete construction within the Contract time. The Contractor's schedule has been revised to account for the placement of additional sand due to the impacts of Hurricane Dorian. Additional services to be provided to the County are summarized herein. A breakdown of the additional hours and expenses to develop the cost is attached. The scope and fee was developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide engineering and biological support services in support of the Sector 5 Beach and Dune Restoration Project (RFQ #2018029). Task 2: Additional Site Observations The scope of work previously described in the Sector 5 — 2018029 — Work Order 4 proposal dated May 17, 2019 remains unchanged. The cost for this task has been revised to reflect additional observation days due to the increase in volume required due to the impacts of Hurricane Dorian. Work, deliverables, schedule, and costs for Additional Site Observations under Task 2 are described as follows: APTIM will assist the County with engineering services, technical assistance, and on-site observations during construction in order to certify the project was constructed in compliance with the contract documents as Engineer of Record. APTIM will perform site visits on days of active construction and will provide up to eight (8) hours of observation per visit. It is assumed that one (1) site visit per week will be scheduled on the same day as the weekly progress meeting described in Task 1. APTIM will coordinate with the Contractor to perform site visits on days when on-site construction activities are scheduled. The activities, observations, photographs, discussions with the Contractor, and other issues will be documented in a daily observation report and submitted to the County. APTIM's on- site representative will: 110 'oAPT IM November 12, 2019 Page 2 of 3 EXHIBIT 1 • Observe construction activities at the beach and periodically visit the upland sand mine(s) • Visually assess the quality of fill material delivered to the project site and placed on the beach • Observe the Contractor's work for compliance with the contract documents and permits • Photograph and document the project as the work progresses • Communicate issues, deviations, and/or consistencies that may arise • Attend progress meetings Upon completion of sections of constructed beach, two (2) duplicate sand samples will be collected at each FDEP Reference Monument profile line to assess the grain size, silt content, gravel content, and Munsell color for compliance, in compliance with the approved Sediment QA/QC Plan. One (1) sample will be quantitatively tested and the other archived for 120 days after. project completion. Deliverable APTIM will prepare observation reports summarizing each site visit, which will be used to document the project progress and events. APTIM will prepare a summary table of the sediment samples and test results for the sediment compliance parameters, and a complete set of laboratory testing results as required by.the approved Sediment QA/QC Plan. The sediment testing results will be included in the Project Completion Report. Schedule A fixed timeline cannot be provided because it is dependent upon the Contractor's progress and construction schedule. Cost The lump sum cost for additional site observations under task 2 is $54,479.25. Summary The total lump sum cost to perform the proposed additional work described herein for Sector 5 — 2018029 — Work Order #4, Admendment 1 is $54,479.25. Please refer to Exhibit 2, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. It is noted that some aspects of this Work Order are dependent upon Contractor performance and are outside the control of APTIM and the County. As such, the scope, schedule and cost described herein is provided as an estimate. APTIM will strive to execute each phase of the work within budget and in as expeditious a manner according to construction progress. We will coordinate with the County in the event that the scope, schedule, or budget arise due to unforeseen issues or circumstances. 111 J� ('� "j' �/{ November 12, 2019 Q .Ar I I M Page 3of3 EXHIBIT 1 Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Christopher Paul, PE Coastal Engineer Aptim Environmental & infrastructure, LLC cc: Whitney Thompson, P.E., APTIM Kendra Cope, M.S., Indian River County Authorized Corpmlfte Signature Whitney Thompson, PE Printed Name Program Manager Title 112 Uvr-,a(O E J m M aC0 0 U aj c m – — E " OJO)O)= 7 , .. U- P') M D. Ow c — — U7 to rno ++ cooper co N X 06 Zm�Co IL (6 00 V � N E N C O O � C N W rn E (0 a =J OL Q r C E C E J Q LL T C � 3 UO L Y N> 0 R C � N Q co r N I LO L- 0 0 v c 0 �C N_ �C �E N 0 C �r- O 0 V E L i 0 N V N � N T � N � � Lo 6n 60W 10 69 vs 69 69 69 60. 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INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: Quintin D. Bergman, M.S., Environmental Specialist SUBJECT: Work Order No. 2018008-2 APTIM Environmental and Infrastructure, Inc. Sector 4 - Critically Eroded Area Analysis DATE: December 4, 2019 DESCRIPTION AND CONDITIONS On April 17th, 2018, the Board entered into a Continuing Consulting Engineering Services Agreement for Professional Services contract with APTIM Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support. The Sector 4 project area is a 3.3 -mile section ofshorelinethat extends just south of Old Winter Beach Blvd. to Surf Lane. The majority of the project area is located within the Town of Indian River Shores. Outlined in the 2015 Indian River County Beach Preservation Plan identifies Sector 4 as eroding by an approximated 1.8CY/ft/yr. This section of the beach has sustained damage from Hurricane's Matthew (2016), Irma (2011), and Dorian (2019). As defined in Rule 62B-36.002(4), Florida Administrative Code, "Critically Eroded Shoreline" is a segment of shoreline where natural processes or human activities have caused, or contributed to, erosion and recession of the beach and dune system to such a degree that upland development, recreational interests, wildlife habitat or important cultural resources are threatened or lost. Critically eroded shoreline mayalso include adjacent segments or gaps between identified critical erosion areas which, although they may be stable or slightly erosional now, their inclusion is necessary for continuity of management of the coastal system or for the design integrity of adjacent beach management projects. Following the above definition, Sectors 1, 2, 3, 5, and 7 have been classified by Florida's Department of Environmental Protection (FDEP) as Critically Eroded Areas (CEA). Sector 4 is currently not classified as a CEA. In the future, when the County is proposing large scale beach and dune nourishment projects, permitting agencies prefer the proposed project area to be designated as a CEA. Additionally, in order to qualify for State funding assistance for future projects the proposed project area has to be designated as a CEA. On February 13, 2018 County Staff submitted a letter to FDEP requesting the Department's assistance in evaluating our shoreline in Sector 4 for the purposes of a CEA designation. The submittal included beach profile survey data from 2013 through 2017 along with a summary of sea turtle nesting data prevalent to Sector 4. On March 9, 2018 the County received a response letter from FDEP stating that the beaches within Sector 4 do not meet the definition of a CEA. Therefore, Sector 4 remains without the CEA designation. C:\Granicus\Legistar5\L5\Temp\05778ac0-62df-4db4-b99d-8f3e198el bca.doc 115 Page 2 Sector 4—Critically Eroded Area Analysis December 17, 2019 BCC Meeting On September 3, 2019 Hurricane Dorian passed by Indian River County negatively impacting the County's managed beach Sectors 3, 5, and 7. Beaches within Sector 4 were also negatively impacted by Hurricane Dorian. Applying beach profile survey data from 2018 and 2019 paired with the damages associated from past and recent hurricanes, Staff believe Sector 4 should be re-evaluated for designation as a CEA. Work Order No. 2018008-2 totals a lump sum amount of $25,839.25. The Critically Eroded Area Analysis proposed by APTIM entails the following: • . Developing a request to FDEP for designation of Sector 4 as a Critically Eroded Area. • Utilizing historic monitoring reports and data used in the 2019 Beach Preservation Plan. • Conducting a search into any new information that meets the eligibility criteria. • The analysis will be conducted based on preexisting data and does not require further collection. FUNDING Local .funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. The total cost of $25,839.25 is budgeted and available in the Beach Restoration Fund/Other Professional Services, Account No.12814472-033190. At this time this task is not eligible for cost share. If this request is successful in re-classifying Sector 4 as a Critically Eroded Area, all work in this Sector would be eligible for future cost share. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 2018008-2 for a total of $25,839.25 to the contract with APTIM Environmental and Infrastructure, Inc. and authorizethe Chairman to sign on behalf of the County. ATTACHMENTS APTIM Inc., Work Order No. 2018008-2 FDEP Response Letter Dated March 9, 2018 AGENDA ITEM FOR DECEMBER 17 116 C:\Granicus\Legistar5\L5\Temp\05778ac0-62df-4db4-b99d-8f3e198e1 bca.doc �O APTIM November 20, 2019 Ms. Kendra Cope, M.S. Natural Resources Manager Indian River County Public Works 1801 27th Street Vero Beach, FL 32960 Subject: Indian River County, FL Sector 4 - Work Order 2018008-2 Critically Eroded Area Analysis Dear Kendra: Aptim Environmental & Infrastructure, LLC 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for the services required to submit a request to FDEP for designation of Sector 4 as a Critically Eroded Area (CEA). Currently, there are three CEAs in Indian River County including the shorelines from R-1 to R-51.3, R-70 to R-86, and R-99 to R-115.7. Scope of Work Aptim Environmental & Infrastructure, LLC (APTIM) will develop a request to FDEP to extend the CEA from R-51.3 to R-70 to include the southern portion of Sector 3 (R-51.3 to R-55) and the majority of Sector 4 (R-55 to R-70). Historic monitoring reports and data analyzed as part of the 2019 Beach Preservation Plan update will be reviewed to support this designation. In addition, research will be conducted to see if any new information is available that meets the eligibility criteria. The following definition has been adopted by the FDEP to identify CEA eligibility: Critically eroded area is a segment of the shoreline where natural processes or human activity have caused or contributed to erosion and recession of the beach or dune system to such a degree that upland development, recreational interests, wildlife habitat, or important cultural resources are threatened or lost. Critically eroded areas may also include peripheral segments or gaps between identified critically eroded areas which, although they may be stable or slightly erosional now, their inclusion is necessary for continuity of management of the coastal system or for the design integrity of adjacent beach management projects. APTIM will conduct a simple profile recession analysis using SBEACH to see if the beach is vulnerable to over wash under 25 year or 100 year average storm conditions. This analysis will be conducted based on existing information and does not include any field investigations, complex calculations or advanced numerical modeling. The engineer may conduct a site visit if deemed appropriate in support of the request. 117 ,>oAPTIM Deliverable November 20, 2019 Page 2 of 4 Based on this analysis, APTIM will submit a request on the County's behalf that FDEP designate R-51.3 to R770 as a Critically Eroded Area. This task includes responses to one request for additional information. Schedule & Assumptions APTIM will proceed with the task described herein upon receipt of a signed work order from Indian River County. It is estimated that the CEA request will be submitted within 6 months from receipt of the signed work order. Cost The total lump sum cost to complete this task is a fixed price of $25,839.25. This cost was developed following the provisions of the Continuing Contract Agreement for Continuing Engineering Services 2018008 (dated April 17, 2018) between Indian River County and APTIM. Thank you for the opportunity to serve Indian River County. Please do not hesitate to call if you have any questions. Sincerely, Sincerely, Christopher Paul, PE Coastal Engineer Aptim Environmental & Infrastructure, LLC Authorized Corpm4te Signature Whitney Thompson, PE Printed Name Program Manager Title cc: Whitney Thompson, P.E., APTIM Rich Szpyrka, PE, Indian River County James Ennis, PE, PMP, Indian River County Tom Pierro, PE, D.CE, Coastal Protection Engineering (CPE) Stacy Buck, Coastal Protection Engineering (CPE) 118 �o. APTIIW Aptim Environmental & Infrastructure, LLC 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com EXHIBIT 2 Indian River County, FL Sector 4 - 2018008 - Work Order #2 Critically Eroded Area Analysis Summary of Cost by Task Task Number Task Name Labor Subcontractors Equipment Materials Other ODCs Mobilization/ Travel Totals Task 1 Critically Eroded Area Analysis $ 13,087.00 $ 12,752.25 $ $ $ 25,839.25 $ $ $ $ $ Totals = $ 13,087.00 $ 12,752.25 $ $ $ $ $ 25,839.25 119 ,oAPTIM Indian River County, FL Sector 4 - 2018008 - Work Order #2 Critically Eroded Area Analysis Summary of Labor Hours and Cost November 20, 2019 Page 2 of 4 Labor Title Labor Bill Rate Critically Eroded Area Analysis Task 1 Labor Hours Cost Labor Hours Totals Cost Principal Engineer/Sr Pro' Mngr $ 250.00 $ - - $ - Expert Witness (Testimony) $ 300.00 $ - - $ - Program Manager $ 190.00 2 $ 380.00 2 $ 380.00 Sr Coastal Engineer/Proj Mngr $ 165.00 25 $ 4,125.00 25 $ 4,125.00 Coastal Engineer III $ 150.00 $ - - $ - Coastal Engineer II $ 125.00 $ - - $ - Coastal Engineer 1 $ 105.00 8 $ 840.00 8 $ 840.00 Coastal Modeler II $ 130.00 $ - - $ - Coastal Modeler 1 $ 110.00 40 $ 4,400.00 40 $ 4,400.00 Professional Surveyor & Mapper $ 145.00 $ - - $ - Hydrographer $ 135.00 $ - - $ - Surveyor $ 95.00 $ - - $ - Survey Technician $ 80.00 $ - - $ - Senior Marine Biologist $ 135.00 $ - - $ - Marine Biologist 11 $ 95.00 16 $ 1,520.00 16 $ 1,520.00 Marine Biologist 1 $ 72.00 $ - - $ - Professional Geologist $ 150.00 $ - - $ - Geologist III $ 130.00 $ - - $ - Geologist II $ 95.00 $ - - $ - Geologist 1 $ 80.00 $ - - $ - Senior CAD Operator $ 140.00 $ - - $ - CAD Operator $ 105.00 $ - - $ - GIS Operator $ 105.00 16 $ 1,680.00 16 $ 1,680.00 Boat Captain $ 80.00 $ - - $ - Bookkeeper $ 80.00 $ - - $ - Clerical $ 71.00 2 $ 142.00 2 $ 142.00 Technician $ 60.00 $ - - $ - Subcontractors - - $ 12,752.25 - $ 12,752.25 Equipment - - $ - - $ - Materials - - $ - - $ - Other ODCs - - $ - - $ - Mobilization/Travel- - $ - - $ - TOTAL - 109 $ 25,839.25 1 109 $ 25,839.25 120 P01fFlorida Department of. Environmental Protection m Bob. Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 \ental.P March 9, 2018 Mr. Jason E. Brown County Administrator Indian River County 180127 th Street Vero Beach, Florida 32960-3388 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary Subject: Request for Department evaluation of Indian River County shoreline between FDEP reference monuments R51.3 — R70 for Critically Eroded Beaches determination Dear Mr. Brown: As requested in your letter to the Department of Environmental Protection, dated February 13, 2018, the condition of the segment of shoreline referenced above has been evaluated to determine if the beaches are critically eroded. As defined in Rule 62B-36.002(4), Florida Administrative Code, "Critically Eroded Shoreline" is a segment of shoreline where natural processes or human activities have caused, or contributed to, erosion and recession of the beach and dune system to such a degree that upland development, recreational interests, wildlife habitat or important cultural resources are threatened or lost. Critically eroded shoreline may also include adjacent segments or gaps between identified critical erosion areas which, although they may be stable or slightly erosional now, their inclusion is necessary for continuity of management of the coastal system or for the design integrity of adjacent beach management projects. Based upon a review of the information summarized in the attached memorandum, the beaches in this segment of shoreline are not critically eroded as defined above. The Department staff will continue to monitor and periodically evaluate conditions in this area to determine if any changes warrant a designation of critically eroded. The collection of monitoring information by the County's coastal management program is important information needed to maintain your beaches. The monitoring conducted by the Department, and .by Indian River County's coastal program, supports post -storm dune restoration for assisted -recovery of the beach in this segment of shoreline. 121 Mr. Jason E. Brown Page 2 March 9, 2018 If you have any questions regarding this matter, please contact me or Mr. Robert Brantly, P.E., by email at Robert.Brantly@dep.state.fl.us or by telephone at 850-245-7577. Sincerely, Alex Reed Deputy Director Division of Water Resource Management AR/bb cc: James Gray, Natural Resources Manager, Indian River County Robert Brantly, Program Administrator, FDEP Rob Buda, Program Administrator, FDEP Attachment: Bob Brantly Memorandum to File dated March 7, 2018 Memorandum Attachments: File IR_ 2006—to _ 2017 R51-R70_Plot.pdf File Postlrma25YearIR.pdf File 25YrSBEACH IR R50-R70.pdf 122 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Conservation Resources Date: December 9, 2019 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Conservation Resources Jennifer Hyde, Purchasing Manager From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Renewal of Agreement with John Brown & Sons, Inc. for Natural Areas and Exotic Vegetation Management/Mowing — Bid Number 2019007 DESRIPTIONS AND CONDITIONS On January 8, 2019, the Board of County Commissioners awarded bid number 2019007 to John Brown & Sons, Inc. and subsequently executed an Agreement dated January 8, 2019. The original agreement was approved for a one year term with two one-year renewals available, subject to vendor acceptance, satisfactory performance and determination that renewal is in the best interest of the County. Throughout the last year, the contractor has provided quality workmanship, expedited projects in a timely manner and otherwise performed in a beneficial manner. FUNDING Contractor pricing will remain unchanged from the original Agreement. During fiscal year 2018/19, under this Agreement, the County paid $27,362.50 to John Brown & Sons, Inc. that included services rendered for Conservation Lands and Coastal Engineering. Fiscal year 2019/20, one purchase order has been issued under this Agreement for Conservation Lands in the amount of $100,000.00 for wildfire mitigation work associated with the Hazard. Mitigation Grant accepted by the Board on September 10, 2019. Multiple departments may utilize the Agreement through Work Orders and/or Purchase Orders, thus multiple funding sources are utilized as needed. Staff will provide funding information through the approval of Work Orders or through the purchasing guidelines associated with Purchase Orders. STAFF RECOMMENDATION Staff respectfully requests that the Board of County Commissioners approve a one year renewal through January 7, 2021 for the Agreement with John Brown & Sons, Inc. and authorize the Chairman to execute the renewal agreement after review and approval by the County Attorney as to form and legal sufficiency, and after approval of the required insurance by the Risk Manager. ATTACHMENTS • Sample Renewal Agreement APPROVED AGENDA ITEM FOR DECEMBER 17.2019 123 THIS FIRST EXTENSION FOR NATURAL AREAS AND EXOTIC VEGETATION MANAGNEMENT/MOWING AGREEMENT BETWEEN INDIAN RIVER COUNTY AND JOHN BROWN & SONS, INC. ("CONTRACTOR") THIS FIRST EXTENSION to Natural Areas and Exotic Vegetation Management/Mowing Agreement is by and between Indian River County, a Political Subdivision of the State of Florida ("County') and John Brown and Sons, Inc., ("Contractor"). COUNTY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, On January 8, 2019,.COUNTY and CONTRACTOR entered into the Natural Areas and Exotic Vegetation Management/Mowing Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on January 8, 2019, and allowed for two one year extensions; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period; and WHEREAS, the requirements for an extension have been satisfied and, COUNTY and CONTRACTOR desire to execute the first extension to the Agreement for the period January 8, 2020 through January 7, 2021.. IN WITNESS{ WHEREOF, COUNTY and CONTRACTOR have executed this First Extension this day of , 2019. JOHNS BROWN AND SONS, INC. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Printed name: Title: (Corporate Seal) Date: LE Susan Adams, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 124 18, K Y CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department ofEmergency Services FROM: Maria Resto, Emergency Services Manager DATE: December 4, 2019 SUBJECT: Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International. Inc. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Since the completion of the 800 MHz radio system project in 1996, Communications International Inc., the factory -certified regional service partner of the manufacturer, has provided the daily maintenance for the radio system. On March 1, 2011, the Board designated Communications International, Inc. as the County's Sole Source Provider for the 800 MHz Communications System Service. To guarantee continuity of essential services, the County requires Communications International, Inc. to have certified service technicians available twenty-four (24) hours a day for immediate repairs. Communications International is the only regional vendor qualified to perform the maintenance and repairs. The approved contract for FY 2015/2016 (Contract Number CI -10-146) provided for renewal or extension of the contract in one (1) year increments for a total of five (5) years upon mutual consent of the parties. This base contract for services expired on September 30, 2019, and the proposed FY 2019/2020 contract renewal represents extension number three (3) of the original contract. The terms and conditions of the proposed contract will remain the same as the previous one with increases/decreases in annual maintenance costs only due to additional equipment for the P25 Project and South Urban Consumer Price Index (CPI) adjustments. FUNDING: The South Urban Region CPI is used to annually adjust the cost of the maintenance and service agreement. The CPI for FY 2019/2020 is 1.10%. 125 The increase due to the CPI adjustment is of $3,182.28 and the increase due to additional equipment for the P25 Project is of $36,255.96. The proposed FY 2019/2020 maintenance contract for the communication system backbone infrastructure maintenance totals $328,736.64 and is to be paid through monthly invoices. FY 2018 1 /2019 Maintenance Agreement $289,298.40 FY 2019/2020 Proposed Maintenance Agreement $328,736.64 Funding for the communications service agreement is a planned expenditure and is included in the FY 2019/2020. Communications/Emergency Services (001-107) budget in the General Fund. Account Number Agreement Amount 00110719-034690 1 $328,736.64 RECOMMENDATION: Staff recommends the Board approve the renewal of the 800 MHz Communications system Master Service Agreement with Communications International, Inc. ATTACHMENTS: 1. Master Service Agreement (Contract Number CI -10-146) 2. Backbone FY 2019-2020 Maintenance Cost Summary 3. CPI Calculation Letter 126 i COMMUNICATIONS INTERNATIONAL ORIGINAL 4450 US 1 ♦ Vero :Beach, Florida 32967 ♦ Telephone: (772) 569-5355 ♦ Fax: (772) 567-2292 MASTER SERVICE AGREEMENT Contract Number.CI-10446 This Contract is entered into by and between Communications International, Inc., located at 4450 U.S. Highway 1, Vero Beach, Florida 32967 (" "Ci"), and Indian River.County Board of Commissioners, located at 1801 271h Street (the "Customer'), on the 1st day.of October 2015. (the "Effective Date"). WHEREAS, Ci currently provides maintenance services for two-way radio communications systems and other:electronic equipment; WHEREAS, the Customer desires to contract the repair and maintenance of certain two-way radio equipment and other electronic equipment as described herein; WHEREAS, the Parties desire to establish terms, conditions and pricing under which the particular equipment will be.maintained; and. WHEREAS, the Parties hereby desire to enter into this Contract to set forth, in writing, their respective rights, duties and obligations hereunder; NOW, THEREFORE, for and in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and suffiCiency of which is hereby acknowledged and confessed, the Parties agree as follows: 1. DEFiNITiONS A. Parties — shall mean, collectively, Ci and the Customer. 13. Services — shall mean those services to be provided by Ci to .the Customer pursuant to this Contract, but not limited to maintenance, repair, replacement, labor and testing. C. Contract — shall mean this document along with all .documents attached hereto and incorporated herein by reference. D. Terminal :Equipment — shall. mean vehicular mounted radios, personal portable radios, portable radio desk chargers and basic compact vehicular chargers and as otherwise specifically described as Terminal Equipment for maintenance in this Contract. E. 'Fixed Equipment — shall mean site. repeater stations and associated equipment, multi -site coordinator, console electronic equipment, radio control stations and as otherwise specifically described as .Fixed Equipment for maintenance in this Contract. F. Other Equipment _ shall mean any other electronic equipment that is listed in this Contract and defined herein. G. Demand Services —shall mean service that is requested which is not included in the fixed fee arrangement in this Contract. H. Normal Working flours — shall mean 8:00 am until 5:00 pm, local time, Monday through Friday, excluding Federal and State Holidays ("Business Days");.unless otherwise defined. I. Emergency Services - shall mean services that are available by Ci twenty-four (24) hours per day, seven days per week, including Federal and State Holidays. Page 1 of 12 127 ORIGINAL 2. SCOPE OF CONTRACT Ci agrees to maintain the ability -to provide the services set forth in Exhibit A ofthis Contract and to .provide the services described .herein, including' Demand Services. The Customer agrees to purchase Demand Services from Ci, as needed, in accordance with Exhibit C of this Contract.. 3. TERM OF CONTRACT A. The term of this Contract shall be for a period of one (1) year(s) (the "Tenn") and shall automatically renew at the end of the Term, unless (1) either party notifies the other party, in writing, at least ninety (90) days prior to expiration of this Contract (the ".Renewal Notice") or (II) in the event Ci proposes new teens, conditions, or pricing ("New Terns"), such New Terms are not accepted by the Customer in the Renewal Notice. There shall be no more than four (4) renewals to this contract. B. This contract will be adjusted each year based on the Consumer Price :Index (CPI). Use the Bureau of Labor Statistics web site (http:\\www.bls.„ov/cpi/home.htd): 1. Select the "South Urban region of the U.S. Map. 2. Select the "More Formatting Options” 3. Select the ",I2 months Percent Change 4. Select "Retrieve Data" 5. Scroll down to the current year and select the "Feb" number 6. This number will be used as a multiplier for the recent year total of the maintenance contract The percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February. 4. PRICES AND TERMS OF PAYMENT A. The prices to be charged for the regular routine maintenance Services areas set forth in Exhibit B. B. The prices to be charged for the Demand Services and Professional Services areas set forth ,in. Exhibit C. C. All pricing discounts on both hardware and software, including all vendor equipment offered by Ci are set forth in Exhibit D. D. Payment for Services for monthly maintenance, as outlined in Exhibit B of this Contract, is due in advance and payable in full forty -.five (45) days after receipt of invoice. Invoices shall be submitted to the Customer on a monthly basis. E. :Payment for all Demand Services, Professional Services and purchase of all products and/or equipment is due in full .forty-five (45) days after receipt of invoice. invoices shall be submitted to the Customer as the work is completed. 5. EXTRA CHARGES No extra charges of any kind will be allowed unless specifically agreed to in writing by both Parties. 6. SERVICES A. Installation, removal or reinstallation of equipment, shall be performed by Ci, following reasonable notice to the Customer at the rates listed in Exhibit C and at a time agreed to by both Parties. B. Items that are not covered under Services for maintenance in Exhibit B, such as speaker microphones and Enhanced Vehicular Chargers, will be repaired and/or replaced as Demand Services and will be charged at the prices set forth in Exhibit C. C. In addition to the Services specified in this Contract, the Customer may order other work to be provided. by Ci, including specially designed work or services otherwise not covered by this Contract ("Special Requirements Order"). Within ten (10) business days of receipt of a Special Requirements Order, Ci will furnish the Customer with a written proposal to fill such Special Requirements Order, including price and delivery time. The Customer may accept or reject any such proposal with ten (10) Business Days of receipt. Any proposal not specifically accepted will be deemed rejected on the eleventh (I I") Business :Day after receipt. Page 2 of 12 128 ORIGINAL D. Purchase orders issued in compliance with this Contract, other than Special Requirements Orders, shall be deemed accepted upon receipt by Ci. Special Requirement Orders shall be deemed .accepted by Ci upon receipt of the Customer's acceptance of Ci's proposal. E. Unless otherwise specifically agreed between Ci and the Customer, in writing, the terms and conditions of this Contract shall take precedence over any accepted purchase order issued after the date of this Contract, in accordance with Section Ib of this Contract. F. All qualified Terminal Equipment in the Customer's inventory must be listed in Exhibit B to be covered under this Contract. G. Terminal Equipment shall be delivered to, and maintenance performed at, a Ci facility during Normal Working Hours. If Terminal. Equipment is shipped to the Ci facility for repair, the return shipping charges shall be billable to the Customer. Emergency Service on Terminal Equipment, if requested, will be performed and will be charged atthe prices set forth in Exhibit C. H. Any Terminal. Equipment found to be .non -working or incapable of meeting specifications during performance of the first Preventative Maintenance effort will be omitted from inventory on Exhibit B until the Terminal Equipment is brought up to specification at the Customer's expense. Tenninal Equipment that is designed to operate in chemically volatile or explosive atmospheres or when immersed in water (e.g. immersion or Intrinsically Safe radios) are not covered by this Contract. 7. PREVENTIVE MAINTENANCE Ci will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and correct any deficiencies found ("Preventative Maintenance"). Copies of service records will be available to the Customer upon request. 8. DATABASE REPROGRAMMING Annual mobile _radio software updates will be provided by Ci during annual Preventative Maintenance. The LID reprogramming changes will be provided periodically; upon request, at no cost to the Customer. 9. ADDITIONS AND DELETIONS A. The quantity of Temiinal Equipment units to be maintained and/or serviced may be added to, or removed from, this Contract while the Contract is in force. New Terminal Equipment units purchased in any given budget year of the Customer may be added to the Contract immediately following the expiration date of the manufacturer's warranty. A letter of authorization from the Customer is required to add to or remove EQUIPMENT from Exhibit .B. Such Terminal Equipment must be identified by individual LID numbers; serial numbers and property ID numbers. B. Charges for Terminal Equipment added or removed in a particular month will be added to, or dropped from, the amount char Ued to the Customer the following month. 10. RESPONSE TIME The estimated time of repair of Terminal .Equipment delivered to Ci's local facility is three (3) to seven (7) Business Days. 11. FORCE MAJEURE Ci will not. be considered in default or liable for any delay or failure to perform its obligations under this Contract if such delay or failure arises directly or indirectly out of an act of nature, war, labor strikes, lockouts, trade disputes, fires, quarantine restrictions, governmental action or by causes beyond the reasonable control of Ci. In such event, any obligation of Ci under this Contract will be postponed until the cause underlying' the Force Majeure ceases to exist and such postponement or delay will not be held against Ci. Ci shall immediately notify the Customer verbally and in writing if a Force Majeure event delays performance and shall state the revised date for performance. 12. INDEMNIFICATION To .the extent allowable by law, Ci shall indemnify and save harmless the Customer from any and all liability, claims, damages, losses or expenses, including_ attorney's fees, arising out of or resulting from the performance of its work under this Contract, where Page 3 of 12 129 ORIGINAL such claim, damage, loss, or expense is directly caused by the negligence or intentional wrongful act or omission of Ci, its agents, employees, orally of its subcontractors, in connection with or pursuant to this Contract. 13. LIMITATION OF LIABILITY The liability of Ci pursuant to Section .12 shall not exceed the Greater of an aggregate limit of 550,000 or the amount actually paid by the Customer to Ci under this Contract, regardless of the legal theory under which such liability is imposed. 14. INSURANCE A. Within thirty (30) days of the execution of this Contract, Ci shall furnish the Customer with certificates of insurance showing that Ci carries Automobile Insurance and General Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence and. Workmen's Compensation Insurance sufficient to satisfy state law requirements. The certificates of insurance shall also provide that at least thirty (30) days notice in writing shall be given to the Customer of any cancellation or reduction of coverage before such coverage is cancelled or reduced_ B. The Customer shall be named as an additional insured party on the policies obtained by Ci pursuant to this Section. Ci shall not be relieved of any obligation of indemnification pursuant to this Contract by reason of its failure to secure and maintain. insurance as required by this Section. 15. CANCELLATION This Contract may be terminated by either party, with or without cause, upon not less than ninety (90) days notice, in writing, by overnight delivery, personal delivery:or .registered mail return receipt requested to the other party. Such notice shall be effective upon receipt. 16. ENTIRE CONTRACT AND MODIFICATION This Contract and the attachments hereto and made a part hereof sets forth the entire agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification or waiver of any provisions of this Contract or consent to any departure therefrom shall be effective unless in writing and signed by duly authorized officers of both Parties. AUTHORIZED SIGNATURE—CONTRACT NUMBER .CI -10-146 IN WITNESS HEREOF,.. Communications International, Inc. and the Customer have caused this Contract to be signed as of the Effective Date set forth above. COMMUNICATIONS INTERNATIONAL INC By: + Title: % +� Name: )511 R R,Y K e , t" Date: /I /S-/1s- i.' S I 1 S INDIAN _RIVER COUNTY BOARD OF COMMISSIONERS By mac... �� � A..0 -- Title: rha Name:gob gnlari Date: November 17,: 201 S ATTEST: Jeffrey R. Smith, Clerk of Court and *' troller • BY • �` c arc t; Deputy Clerk APPROVED As To F4R AND N Page 4 of 12 sY W1I.t t, i I;. oE0&,%AL DEPUTYCOUt�YWA'I i'QRI�� Contract Number CI -10-146 EXHIBIT "A" SCOPE OF WORK ORIGINAL, During theterm of the Contract, Ci agrees (i) to provide .the Customer with repair, maintenance services and parts to maintain the Customer's radio equipment as set forth herein and (ii) to, provide theproducts and services as described in Exhibit A and B at the prices set forth in Exhibits B and C. 1. 'Conditions of Service Ci shall supplystaffing, supervision, labor, service facilities, repair parts, test equipment and supplies necessary to meet the service requirements stated herein. 2. Terminal .Equipment Maintenance 3. Fixed Equipment Maintenance A. Emergency Service shall. be provided by Ci for Fixed Equipment :Maintenance and Ci will respond within two (2) hours of the Customer's request for Emergency Service. 13 Ci shall not be liable for any costs incurred for repair and/or replacement of any Fixed Equipment that becomes inoperative due to user or third party negligence, in or removal; liquid intrusion: lightening damage or Acts of God. Any component parts replaced under this Section shall be returned to Customer for inspection. C. Ci shall not be'liable for any costs incurred for correcting; repairing or replacing infrastructure or data corruption caused by (i) improper operations of Customer or any third party or (ii) failure of Associated Systems. "Associated Systems" are defined -as any equipment used in the operation of the Customer's Fixed Equipment or Terminal Equipment that is not maintained by Ci. 4. Preventative Maintenance Ci will annually perform verification on Terminal Equipment covered bythis Contract to validate factory specifications and will :correct any deficiencies found.. 5. General All services :provided under this Contract are only applicable to the Terminal Equipment, Fixed Equipment and Other Equipment listed in Exhibit "B". Page 5 of 12 131 Contract Number CI -08-10-146 0 COMMUNICATIONS INTERNATIONAL 4450 US Highway 1 Vero Beach, FL 32967 772-569-5355 Fax: 772-567-2292 Indian River County Emergency Services Radio Systems Manager 1840 25th Street Vero Beach, FL 32960 772-567-3160 ORIGINAL EXHIBIT "B" Equipment and Pricing List Budgetary Quote Agreement;9 Customer# IRC130BB Customer Details Bill To: Indian River County Emergency Services Radio Systems Manager 1840 25th Street Vero Beach, FL 32960 Document Details Contract # CI -10-146 Purchase Order # Covered Period: October 1, 2015 - September 30, 2016 - _ Billing Details South.Tower Site 2014/2015 South Urban Cpi 2015/2016 Qty Unit Amount Unit Monthly -0.30% Amount Amount Channels Mastr III Stations 15 S S $123.64 (0.37) 123.27 1,849.05 Channel Site Pro's 15 $ $ $ 42.18 (0.13) 42.05 630.75 Receiver Multicoupler with Tower Top Amp 1 $ 136.00 (0.30) $ 135.70 $ 135.70 Network Sentry Server 1 $ S $ 301.58 (0.90) 300.68 300.68 Simulcast Common Transmit Equipment 1 $ $ $ 309.07 (0.93) 308.14 308.14 Mastr III Mutual Aid Channels 6 $ $ $ 123.64 (0.37) 123.27 739.62 Intraplex Multiplexer 3 $ $ $ 29.05 (0.09) 28.96 86.88 Microwave Radios 4 $ S $ 121.89 (0.37) 121.52 486.08 Egret Marsh Microwave Radios 2 $ S $ 117.49 (0.35) 117.14 234.28 Page 6 of 12 132 ORIGINAL T1 Switch 4 $ 29.05 (0.09) S 28.96 $ 115.84 IP Network Equipment 2 $ 120.55 (0.36) $$ 120.19 240.38 Channel Site Pro's 15 $ 4118 (0.13) S42.05 $ 630.75 Total for South Site 1 $ 136.00 (0.41) $135.59 5,127.40 Network Sentry Simulcast Control Point $ 301.58 (0.90) $300.68 $ 300.68 Simulcast Common Transmit Equipment 1 Qty Unit Amount $308.14 S 308.14 Monthly Amount Vertical Site Pros 15 $ S0.00 $ $ 3 29.05 115.13 (0.35) 114.78 1,721.70 Intraplex Multiplexers 3 $ 29.05 (0.09) $ 28.96 $ 86.88 Egret Marsh Intraplex Multiplexer 1 $ 27.04 (0.08) $ 26.96 $ 26.96 Network Sentry Server 1 $$ 301.58 (0.90) 300.68 $ '300.68 Control Point Common Equipment & Alignment Rack 1 $ 309.07 (0.93) $ 308.1,4 $ 308.14 15 Analog & Digital Voters Egret Marsh 1 $ 126.50 (0.38) $ 126.12 126.12 Down Links 1 $ 29.10 (0.18) $ 28.92 $ 28.92 SIM 1 $ $ 53.00 (0.76) 252.24 252.24 DC Power System 1 $ 364.71 (1.09) $ 363.62 $ 363.62 IP Network Equipment 1 $ 120.55 (0.36) $ 120.19 $ 120.19 $ Total for Simulcast Control. Point 3.336.45 North Tower Site Page 7 of 12 133 Qty Unit Amount Monthly Amount Mastr III Stations 15 $ 123.64 (0.37) 5123.27 $ 1,849.05 Channel Site Pro's 15 $ 4118 (0.13) S42.05 $ 630.75 Receiver Multicoupler with Tower Top Amp 1 $ 136.00 (0.41) $135.59 $ 135.59 Network Sentry 1 $ 301.58 (0.90) $300.68 $ 300.68 Simulcast Common Transmit Equipment 1 $ 309.07 (0.93) $308.14 S 308.14 Mastr III Mutual Aid Channels 0 - S0.00 $ - Intraplex Multiplexer 3 29.05 (0.09) $28.96 $ 86.88 DC Power Supply System 1 $ 296.70 (0.89) S295.81 $ 295.81 TI Switch 4 $ 29.05 (0.09) S28.96 $ 115.84 Microwave Radios 5 S. 123.56 (0.37) 5123.19 615.95 Page 7 of 12 133 ORIGINAL IP Network Equipment 1 $ 120.19 120.55 (0.36) $120.19 $ Total for North Site 4,458.88_ Felismere Tower Site Page 8 of 12 134 'Monthly Qty Unit Amount Amount Mastr III Stations 7$ 123.64 (0.37) 123.2 7 $ 862.89 Channel Site Pro's 7 $ 42.18 (0.13) $42.05 $ 294.35 $ Mastr III Mutual Aids Channels 0 Downlinks 1 $$ 29.10 (0.18) 28.92 28.92 Sim 1 $ 253.00 (0.76) 252.24 $ 252.24 Network Sentry Server 1 $$ 301.58 (0.90) 300.68 300.68 Receiver Multicoupler with Tower Top Amp 1 $$ 136.00 (0.41) '135.59 135.59 Iniraplex Multiplexer 2 $ 29.05 (0.09) 28.96 $ 57.92 ,DC Power Supply System 1 S 296.70 (0.89) 295.81 295.81 Microwave Radios 2 $$ 123.56 (037) 123.19 246.38 IP Network..Equipment 1 $S 120.55 (0.36) '120.19 120.19 Total For Fellsmere Site $ 2,594.97 Dispatch Equipment Qty Unit Amount Monthly Amount Maestro NT Dispatch Consoles 10 $ 173.07 (0.52) 172.55 $ 1,725.50. IMC/CEC Switch 1 S 871.60 (2.61) 868.99 8fi8.99 'Microwave Alarm Pc 1 $ 29.10 (0.18) 28.92 $ 28.92 0 $ 'DVIU 1 $ $ 370.88 (1.11) 369.77 369.77 'MOM Sy stem 1 11,26 (0:33) :110._93 $ 110.93 `CSD 1 $ 339.99 (1.02) 338.97 S 338.97 'CSD Client 1 S 98.90 (0.30) 98.60 $ 98.60 Netclock -GPS 2 $$ 51.92 (0.:16) 51.76 103.52 Intraplex Multiplexers- 11 $ S 29.05 (0.09) 28.96 318.56 Page 8 of 12 134 ORIGINAL Zetron Model 25,Encoders 5 $$ 30.92 (0.09) 30.83 154.15 Orion Remote Back-up Radios 9 $ 29.66 (0.09) 29.57 $ 266.43 Microwave Radios (IRCSO,VBPD,Seb PD dispatch) 3 123.56 (0.37) 123.19 $ 369.57 T1 Switch (V8.S0) 2 SBPD 29.05 (0.09) 28.96 $ 57.92 IP Network Equipment 1 S 120.55 (0.36) 120.1.9 $ 120.19 UPS battery backup (located at South site) 1 5.32 (0.14) 45.18 $ 45.18 Total for Dispatch Equipment 4,976.90 Hobart Tower Site Qty Unit Amount. Monthly Amount MaStr III Back-up Stations 15 $ 49.46 (0.15) 49.31 $ 739.65 Receiver Multicoupler with Tower Top Amp 1 $ 136.00 (0.41) 135.59 $ 135.59 Intraplex Multiplexer 1 $ 29.05 (0.09,) 28.96 $ 28.96 Med 4.Station 0 $ Med 8 Station 1 $ 43.27 (0.13) 43.14 $ 43.14 VHF County Paging System Station 1 S 129.82 (0.39) 124.43 S 129.43 VHF EMIFire Page. Station 1 $ 129.82 (0.39) 129.43 $ 129.43 $ Total for Hobart Site 1,206.20 Egret Marsh Site Qty Unit Amount Monthly Amount Mastr III Stations 15 $ 159.77 (0.48) 159.29 $ 2,389.35 Network Sentry 1 $ 301.58 (0.90) 300.68 $ 300.68 Simulcast Common Transmit Equipment 1 $ 293.93 (0.88) 293.05 $ 293.05 Intraplex Multiplexer 1 S 27.63 (0.08) 27.55 $ 27.55 DC Power Supply System 1 $$ 281.34 (0.84) 280.50 280.50 Microwave Radios 2 $ 117.49 (0.35) 117.14 $ 234.28 Total for Egret Marsh 3,525.41 Page 9 of 12 135 Cost Summery for Oct 2015 -Sept 20161.2 months South Tower'Site Simulcast Control Point Not Tower Site Felismere Tower Site Dispatch Equipment .Hobart Tower Site Egret Marsh Site Fuel. Adjustment Total Monthly Maintenance for Sites: Total Oct -Sept Maintenance., $303,602.52 Monthly Totals 5,127.40 S 3,335.45 $ 4,458.88; $ 2,594.97 $ 4,976.90. $ 1;206.20 $ 3;525.41 S 75.00 $ 25,300.21 ORIGINAL The Consumer Price Index Southeast Urban Region of -0:3 has been subtracted off each equipment line'item.that Was ort2014-2015;agreemeft., Page 10 of 12; 136 Contract Number CI -10-1.46 EXHIBIT "C" DEMAND SERVICE RATES Demand Services Support Staff Cabler System Installer System. Design Engineering Hourly Rate Maintenance Technician (Bench) RF Engineer IT Engineer Site Manager Project Manager Emergency Service Rate Expenses Lodging Per :Diem Travel T.ime - Page 11 of 12 ORIGINAL Rate Per Hour $ 50.00 $ :57.00 $ 62.00 $ 150.00 $ 88:00 $ -125.00 $,1215.00 $ 80.00 $ 10.0.00 Rate * 1.5 Actual Actual TRS. Rate Actual 137 ORIGINAL Contract No. Q-08-10-1,46 EXHIBIT "D" Pricing Discounts Pricing discounts ,for all Harris manufactured equipment will be at the current:Public Safety discount level of28 % off list price published on .the Harris website. All list pricing will reference the most current pricing available. All vendor;items will be priced at current published "Public Safety or Government" discount levels. Discounts on all other manufactured equipment, custom equipment, and software not having published discount levels will be quoted at the time of request. All prices will be at best pricing offered to Public .Safety Agencies by Ci in the State ofF.lo.rida. -Page '12 of 12 138 N rte, O t0 CO P- O C) ;C) O ttcr-co 0)(3)Nd ON F' ALn.c6ttco' co' L6Lo' lo' N NMtf)Of�ONi`O s CV) U') tAONto(jgm tntY)�tN� Lo O O t4 EA 6-, .66. 64 w), u). N E 21 N r �O a - O N d N 1t! 0 N t� O L E E � N U low O V O w V C C ccl p d .r C Q3 :Q m (a , L v � ..' (A O CO .�o .� Cn m A .c S E Ca Q.— o 0a)Aorno U?U?ZLL0=w►LF- 0 m CL Ic 0AUVIU1 i ICNFIONS ]INTERNATIONINC. 4450 US Hghway 1 e `Vero Beach, Florida 32967 ♦ Telephone: (772) 569-5355 a Fax: (772),567-2292. October 20, 2009 Jason.E. Brown, Director Management and Budget 180127d' Street Building A Ref Indian River County Radio Maintenance Contract No. CII -05-818 Dear Mr. Brown: A problem exist with the referenced contract in paragraph 3.0 which has to do with the formula used to determine the Consumer Price Indcx'(CPI) in calculating the annual rate increase and/or decrease. CII would like to propose a change to the verbiage in the existing contract with intent to remove any ambiguity and provide a predictable CPI for our contract in the early part of each year. This will allow Indian River County to budget the maintenance contract in preparation for the upcoming year. Thgpr-esent contract IanWig gg is_ The basis for this extension will be the consumer price index (CPI)' for all urban consumers of the Bureau of Labor Statistics South Urban mast recent publication prior to contract renewal. The adjustment factor used to create price adjustment up or down for each unit price proposed is as follows: Previous 12 month CPI -t1 South Urban CPIAdjustment CurrentyearCPJ-USouth Urban Proposed contract langvuage: Use the Bureau of Labor Statistics webb site(bgpJ/wcvxv_bls.goirlcniibome_htm) 1. Select the "South Urban" region of the U.S. map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Change" 4. Select "Retrieve Data" S. Scroll down to the current year and select the "Feb" number 6. This number will be used as a multiplier for the recent year total of the maintenance. contract This percent number is a.12 month percent change for the "South Urban" over the last 12 months as reflected in February. Please call me to discuss this matter should you desire. If you are in agreement let me know and we will issue an amendment to the referenced contract Sincerely, G � 46/ Robert Wm Stork Owner/CEO 140 p fib+ HARRIS OORPORATVW[ Rf Gtrm=mkgftmD1vtsiat 1930 �d TieU, Stria SD Bi 14AELQ'MWBOYET_, S9"LA70458 ReptosafS�i»tc - - p1»nef-08S7t83i15 Satf?eptoo fax t-88871&3128 CAdff t-885d74.76tf4 Februmy 4, 2011 Subject Communications International, Inc Communications Intemational, Inc. (CII) is a premier member of Harris' indirect Wes channel and is the exclusive Harris.Auff orized .Service Center for the Indian River County area. Cll has been a Hanis partner for over 30 years and Is by far the largest Network Service Provider for Harris in the eastern Unites! States and Implements and maintains many of bards system across the country including York County, PA, Clash CowAYJLas Vegas, M!, and the State of Florida. As such: Cil engineers work closely and train alongside Harris engineers and technical staff on the design, staging, maintenance and support of new technology. `t'ffis well-established relationship aswres our Customers' system maintenance needs gets attention from at areas of the tease, software engineers, held engineers, .technicians and program management Cit is headgmtered in Fiero Beach, 'FL and is an employee owned company wM 12 locations and over 150 employees including ceri"rfied engineers, senior technicians, program managers, and subject matter experts. CII specializes in complete wireless communication systems and has the unique quality _ of having experienced staff knowledge in. 'both Radio. Communications and IT technotogies. CII has the ability to Integrate multiple tyPes of communication platforms. Sincerely, L i" All 4ichael oyes, RSM Enclosure: 141 N t c O E N T_ 0 N Cl N r m Cl) O N r V O L- 0 N E N N O Al mom � N d V M c0 � � P-: n N 00 O N n M g N N � Va c0 n 0) jp a0 c0 O I.- 2 V' W O M 0 N V M LO N N U) t_ O U m 3 E- w 3 Y U N t H E @ � O 3 E N Q C 'N U l0 cn 0 Z ii 0 2 W H mo ER fH b9 b4- V3 64 EA V► N eh N d N O d C c m c c m 0 d 4? c � oE c U) t_ O U m 3 E- w 3 Y U c v H E @ � O 3 E N Q M 'N U l0 cn 0 Z ii 0 2 W H N eh C LOMM CXHONS 4450 US Highway 1 * Vero Beach, Florida 32967 o Telephone: (772) 569-5355 0 ' Fax: (772) 567-2292 October 20, 2009 Jason E. Brown, Director Management and Budget 1901 271b Street Building A Ref: Indian River County Radio Maintenance Contract No. CII -05-818 Dear Mr. Brown: A problem exist with the referenced contract in paragraph 3.0 which has to do with the formula used to determine the Consumer Price Index (CPI) in calculating the annual rate increase and/or decrease. CII would like to propose a change to the verbiage in the existing contract with intent to remove any ambiguity and provide a predictable CPI for our contract in the early part of each year- This will allow Indian River County to budge_ t the maintenance contract in preparation, for the upcoming year. evr_esent contract language is: The basis for this extension will be the consumer price index (CPI) for all urban consumers of the Bureau of Labor Statistics South Urban most recent publication prior to contract renetivaL The adjustment factor used to create price 4ustment up or downfor each unit price proposed is as follows: Previous 12 month CP1-U South Urban = CNAdjustment CurrentyearCPJ-U South Urban Proposed contract lan,ug age: Use the Bureau of Labor Statistics webb site f ho;/A w.bls. 1. Select the "South Urban" region of the U.S. map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Change" 4. Select "Retrieve Data" 5. Scroll down to the current year and select the "Feb" number 6. This number will be used as a multiplier for the recent year total of the maintenance contract This percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February. Please call me to discuss this matter should you desire. If you are in agreement let me know and we will issue an amendment to the referenced contract. ' Sincerely, Robert Wm Stork Owner/CEO 143 (o - A -.1 - INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland M. DeBlois, AICP Community Development Director FROM: Bill Schutt, AICP Chief, Long Range Planning DATE: November 21, 2019 SUBJECT: Consideration to Adopt an Ordinance Amending County Code Chapter 308, Indian River County Local Housing Assistance Program, and to Adopt an Updated Resolution Regarding Affordable Housing Advisory Committee Membership (Legislative) It is requested that the following information be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of December 17, 2019. DESCRIPTION AND CONDITIONS Pursuant to the requirements of Section 420.907, Florida Statutes, and Rule 67-37.005, Florida Administrative Code (FAC), the Board of County Commissioners approved the County's first Local Housing Assistance Plan (Ordinance #93-13) on April 6, 1993. Subsequently, the Florida Housing Finance Agency approved the county's plan and authorized the disbursement of State Housing Initiatives Partnership (SHIP) Program funds. The County's Local Housing Assistance Program was then codified as Chapter 308 of the County Code. Chapter 308 was last updated by the County in 2014 to address changes in the SHIP program, including statute and code references. Currently, Chapter 308 is inconsistent with state requirements regarding membership on the County's Affordable Housing Advisory Committee (AHAC). Whereas the County's current AHAC contains seventeen members, state statutes limit the AHAC membership size to no more than eleven members, with at least six from specific categories listed in the statutes. On October 22, 2019, the BCC reviewed the AHAC membership requirements listed in state statutes as well as AHAC membership attendance over the past year and determined that the County's AHAC membership requirements should be revised. At that time, the BCC directed staff to: 1. Proceed with preparing an amendment to County Code Chapter 308 to make the AHAC membership requirements consistent with amended Florida Statutes; and 144 2. Proceed with advertising for a public hearing for the amendment; and 3. Proceed with preparing an updated resolution for BCC consideration to adjust AHAC membership requirements to be consistent with state statutes; and 4. Approve proposed membership make-up of the updated AHAC to consist of one non- voting BCC liaison and 11 voting members, including representatives of each town/city within the County and 6 representatives of specific categories listed in statute. Consistent with the BCC's directive, this staff report provides proposed revisions to County Code Chapter 308 (Attachment 2) and provides a proposed Resolution (Attachment 3) to adjust AHAC membership size. A recommendation is also provided for proposed membership adjustments to the current AHAC based on meeting attendance over the past year. ANALYSIS As structured, both the proposed revisions to County Code Chapter 308 and the proposed AHAC resolution will modify the County's current AHAC membership size and composition to be consistent with state statutes. According to Florida Statute Section 420.9076(2), the Affordable Housing Advisory Committee must contain between eight and eleven members, and at least six of the members must be selected from the following eleven categories: 1. One (1) citizen who is actively engaged in the residential home building industry in connection with affordable housing, 2. One (1) citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing 3. One (1) citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing, 4. One (1) citizen who is actively engaged as an advocate for low income persons in connection with affordable housing, S. One (1) citizen who is actively engaged as a for-profit provider of affordable housing, 6. One (1) citizen who is. actively engaged as a not-for-profit provider of affordable housing, 7. One (1) citizen who is actively engaged as a real estate professional in connection with affordable housing, 8. One (1) citizen who actively serves on the local planning agency pursuant to s.163.3174 F.S. 9. One (1) citizen who resides within the jurisdiction of the local governing body making the appointments, 10. One (1) citizen who represents employers within the county, 11. One (1) citizen who represents essential services personnel, as defined in the local housing assistance plan. The proposed County code amendments and resolution provide the BCC with flexibility to select six members from any of the eleven categories listed in the state statute through its normal committee membership application and appointment procedures. The County code amendments and resolution also maintain the County's existing AHAC member appointments from the City of Fellsmere, Town of Indian River Shores, Town of Orchid, City of Sebastian, and City of Vero Beach. With respect to selecting six members from the eleven categories listed in state statutes, staff proposed and the BCC approved (at its October 22nd meeting) keeping the most currently active AHAC members from five of the eleven state required membership categories. Those member categories are as follows: Per the BCC direction, a sixth member from the eleven categories listed in state statutes could be selected by staff due to a "three-way tie" for AHAC membership attendance at meetings this year through September 2019. Since that direction was provided by the BCC, the AHAC has had one additional meeting and one of those three members participated in that meeting. That member is the "For-profit provider of affordable housing". Based on this, staff recommends maintaining that member on the AHAC as the sixth member chosen from the state's eleven categories. Notwithstanding that selection, the BCC has the discretion through its normal committee member replacement procedures to replace any of the six members with a new member from any of the eleven state categories not already represented on the AHAC. With respect to the current seventeen member AHAC, and the new state requirements, there are 5 members that will no longer be on the AHAC. It is recommended that the BCC authorize staff to issue "thank you" letters for their past service and inform them of the restructuring to meet state requirements. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Approve the proposed amendment to County Code Chapter 308 by adopting the attached ordinance; and 2. Adopt the proposed AHAC resolution; and 3. Approve the final list of current AHAC member categories as outlined in this staff report and authorize the current members in those categories to continue to serve based on their current approved terms; and 4. Authorize staff to issue "thank you" letters to the members that will no longer be on the AHAC due to the size restructuring. 146 Proposed AHAC Member Category (from FL Statute) to Keep on Current IRC AHAC # of Times Attended County AHAC Meeting 1. Advocate for low-income persons in connection with affordable housing 5 2. Not-for-profit provider of affordable housing 4 3. Real estate professional in connection with affordable housing 2 4. Local planning agency representative 2 5. Citizen who resides within the jurisdiction 3 Per the BCC direction, a sixth member from the eleven categories listed in state statutes could be selected by staff due to a "three-way tie" for AHAC membership attendance at meetings this year through September 2019. Since that direction was provided by the BCC, the AHAC has had one additional meeting and one of those three members participated in that meeting. That member is the "For-profit provider of affordable housing". Based on this, staff recommends maintaining that member on the AHAC as the sixth member chosen from the state's eleven categories. Notwithstanding that selection, the BCC has the discretion through its normal committee member replacement procedures to replace any of the six members with a new member from any of the eleven state categories not already represented on the AHAC. With respect to the current seventeen member AHAC, and the new state requirements, there are 5 members that will no longer be on the AHAC. It is recommended that the BCC authorize staff to issue "thank you" letters for their past service and inform them of the restructuring to meet state requirements. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Approve the proposed amendment to County Code Chapter 308 by adopting the attached ordinance; and 2. Adopt the proposed AHAC resolution; and 3. Approve the final list of current AHAC member categories as outlined in this staff report and authorize the current members in those categories to continue to serve based on their current approved terms; and 4. Authorize staff to issue "thank you" letters to the members that will no longer be on the AHAC due to the size restructuring. 146 ATTACHMENTS 1) Portion of DRAFT Minutes of the October 22, 2019 BCC Meeting 2) Proposed Ordinance Amending IRC Chapter 308 3) . Proposed Resolution Revising Membership of the County's Affordable Housing Advisory Committee F:\Community Development\SHIP\AHAC- Affordable Housing Advisory Committee\Resolutions and Ordinances\2019 Resolution and Ordinance Revisions\BCC Agenda Item - County Ordinance and Resolution Revision - dec 2019.docx 147 Board of County Commissioners Meeting Minutes - Draft October 22, 2019 12.A.1. 19-0957 Affordable Housing Advisory Committee Membership Recommended Action: Staff recommends that the Board of County Commissioners: 1. Authorize staff to proceed with preparing an amendment to Chapter 308 of the Indian River County Code of Ordinances to make Affordable Housing Advisory Committee membership requirements consistent with amended Florida Statutes; and 2. Authorize staff to proceed with advertising for a public hearing for the amendment; and 3. Authorize staff to proceed with preparing an updated resolution for BCC consideration to adjust Affordable Housing Advisory Committee Membership requirements to be consistent with state statute; and 4. Approve the proposed membership make-up of the updated AHAC to consist of one non-voting BCC liaison and 11 voting members as detailed in the staff report. Attachments: Staff Report Portion of IRC Code Chapter 308 IRC Resolution 2008-038 Florida Statute 420.9076 State/County AHAC Membership Chief of Long Range Planning Bill Schutt, in his PowerPoint Presentation, reviewed the purpose of the Affordable Housing Advisory Committee (AHAC), noting that it was required by the Florida Statutes for jurisdictions that receive state funding for affordable housing. Chief Schutt pointed out that AHAC, met a total of four (4) times since December 2018 and there was only a quorum for two of the four meetings. He stated that County Code Chapter 308 and Resolution 2008-038, adopted on March 18, 2008 required a larger AHAC membership; however, the AHAC membership requirement was revised by the Florida Statutes in the year 2016, requiring a minimum of eight (8) members and a maximum of eleven (11) members and must be comprised of six (6) of the eleven (11) member categories listed in the Statute. Chief Schutt reviewed the eleven categories and member attendance, and asked the Board to authorize staff to proceed with an amendment to the AHAC membership requirements to be consistent with the amended Florida Statutes. He proposed that the AHAC membership consist of eleven (11) voting members with five (5) representatives from the first five categories of membership, one (1) representative from each of the five (5) Municipalities, the eleventh member be a representative from either category 6, 7, or 8, and one (1) non-voting BCC liaison. Chief Schutt felt these actions would allow the AHAC to more easily achieve a quorum and would bring the County's AHAC size into compliance with state requirements. A discussion ensued among the Board who agreed that the AHAC committee should be comprised of people who are engaged in solving the issues in front of them and a quorum to make decisions.. Indian River County Florida 1 49ge 1 Attachment 1 Board of County Commissioners Meeting Minutes - Draft October 22, 2019 A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to approve Staffs Recommendation and for the Affordable Housing Advisory Committee (AHAC) to be comprised of the first five (5) category members, one (1) representative from each of the five (5) Municipalities, and giving staff the flexibility to pick one (1) representative from categories 6, 7, or 8 for a total of eleven members and one (1) non-voting Board of County Commissioner Liaison. The motion carried by the following vote: Aye: 4 - Solari, Adams, Flescher, and Zorc Absent: 1 - O'Bryan Indian River County Florida 1 49ge 2 Attachment 1 ORDINANCE NO. 2019 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTER 308, INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PROGRAM, OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, AND PROVIDING FOR CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Chapter 308 of the County Code on April 6, 1993, establishing the Indian River County Local Housing Assistance Program; and WHEREAS, as part of the establishment of the County Local Housing Assistance Program, an Affordable Housing Advisory Committee was created that performed and completed tasks outlined in state statutes, and such Committee was eventually dissolved on November 4, 2003; and WHEREAS, the 2007 Florida Legislature, as part of HB 1375, revised Section 420.9076 Florida Statutes to require all counties in the state to establish Affordable Housing Advisory Committees and to prepare a report every three years that reviews local established policies and procedures, ordinances, land development regulations and comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of the property to appreciate in value; and WHEREAS, recently state mandated Affordable Housing Advisory Committee membership requirements changed; and WHEREAS, several sections of County Code Chapter 308 must either be updated or revised to be consistent with the amended state requirements; and WHEREAS, on October 22, 2019, the Board of County Commissioners authorized staff to advertise for a public hearing to consider revising Chapter 308 of the County Code. NOW, THEREFORE; BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that: SECTION ONE: AMENDMENT OF CHAPTER 308. Chapter 308 of the Indian River County Code is hereby amended to read as shown in Appendix A, attached. SECTION TWO: CODIFICATION. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to 1 Attachment 2 ORDINANCE NO. 2019 section, article or. such other appropriate word or phrase in order to accomplish such intention. SECTION THREE: SEVERABILITY. If any :section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION FOUR: EFFECTIVE DATE. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press -Journal on the lst day of December 2019, for a public hearing to be held on the 17th day of December 2019, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner Bob Solari, Commissioner The Chairman thereupon declared the ordinance duly passed and adopted this 17th day of December 2019. Board of County Commissioners Indian River County, Florida Susan Adams, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Department of State on the following date: 2 Attadvwnt 2 ORDINANCE NO. 2019 APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Roland M. DeBlois, AICP; Interim Community Development Director F:\Community Development\SHIPWHAC- Affordable Housing Advisory Committee\Resolutions and Ordinances\2019 Resolution and Ordinance Revisions\Attach 2 - Part 1 - 2019 Ordinance Amending Ch. 308 vl.doc Attadvwnt 2 APPENDIX A CHAPTER 308. - INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PROGRAM Part I. In General Sec. Title. 308.01. Sec. Purpose and intent. 308.02. Sec. Definitions. 308.03. Sec. Creation of the Indian River County Local Housing Assistance Trust Fund. 308.04. Sec. Establishment of the Indian River County Local Housing As Program. 308.05. Sec. Designation of responsibility for administration and implementation of the Indian River 308.06. County Local Housing Assistance Program. Sec. Creation of the Indian River County Affordable Housing Advisory Committee. 308.07. Sec. Severability. 308.08. Sec. Effective date. 308.09. Part II. Indian River County Neighborhood Stabilization Program Acquisition, Rehabilitation, and Sale Procedures and Standards Sec. Title. 308.10. 153 Sec. Purpose and intent. 308.11. Sec. Establishment of procedures for county acquisition of foreclosed or abandoned properties 308.12. with NSP funds. Sec. Establishment of procedures for county rehabilitation of properties purchased with NSP 308.13. funds. Sec. Establishment of criteria for the sale of NSP properties that constitute an alternative 308.14. property disposition procedure to sections (1) and (2) of F.S. § 125.35. PART I. - IN GENERALM Footnotes: Editor's note— In order to retain the format of the Code, and at the editor's discretion, part I has been added. Section 308.01. - Title. This chapter, the terms and provisions contained herein, shall be known as "Local Housing Assistance Program Ordinance" of Indian River County, Florida. (Ord. No. 93-13, 4-6-93) Section 308.02. - Purpose and intent. The purpose of this chapter is to comply with the requirements of F.S. §§ 420.097-420.9079, State Housing Initiatives Partnership (SHIP) Act and Rule 67-37 Florida Administrative Code (FAC). As such, this chapter provides for: (1) Creation of the Indian River County Local Housing Assistance Trust Fund in accordance with . Rule 67-37.008 FAC; (2) Establishment of the Indian River County Local Housing Assistance Program in accordance with Rule 67-37.005 FAC, under which the Indian River County Local Housing Assistance plan has been adopted; (3) Designation of the responsibility for the implementation and administration of the Indian River County Local Housing Assistance Program; and (4) Creation of the Indian River County Affordable Housing Advisory Committee in accordance with F.S. § 420.9076 and Rule 67-37.010 FAC. (Ord. No, 93-13, 4-6-93; Ord. No. 2014-008, § 1(App. A), 4-15-14) 154 Section 308.03. - Definitions. The definitions provided in Rule 67-37.002, Florida Administrative Code (FAC), F.S. § 420.9071 and in the Indian River County Local Housing Assistance Plan shall apply to the terms used in this chapter. (Ord. No. 93-13, 4-6-93; Ord. No. 2014-008, § 1(App. A), 4-15-14) Section 308.04. - Creation of the Indian River County Local Housing Assistance Trust Fund. The Indian River County Local Housing Assistance Trust Fund (IRCLHATF) is hereby created and established consistent with F.S. § 402.9075 and Rule 67-37.008 FAC. The Indian River County Local Housing Assistance Trust Fund shall be a separate fund account maintained by the Indian River County Board of County Commissioners. Expenditures from the trust fund must meet all requirements of F.S. § 420-9075 and Rule 67-37 FAC. (Ord. No. 93-13, 4-6-93; Ord. No. 2014-008, § 1(App. A), 4-15-14): Section 308.05. - Establishment of the Indian River County Local Housing Assistance Program. (1) Consistent with F.S. § 420.9072 and Rule 67-37 FAC, the Indian River County Local Housing Assistance Program is hereby created and established. (2) The intent of the Indian River County Local Housing Assistance Program is to increase the availability of affordable housing units to Eligible Persons by combining local resources and cost- saving measures into an Indian River County Local Housing Partnership and using private and public funds to reduce the cost of housing. (3) The Indian River County Local Housing Assistance Program shall use the funds held in the Indian River County Local Housing Assistance Trust Fund to implement the Indian River County Local Housing Assistance Plan. (4) Loans to income eligible households from the Indian River County Local Housing Assistance Trust Fund shall be provided for periods not exceeding thirty (30) years. However, deferred payment soft - second loans or loans that extend beyond thirty (30) years may be provided with the condition that each assisted housing unit financed in either manner must be occupied by income eligible persons for the same period of time as the extended loan period. (5) Whenever an owner -occupied housing unit which was purchased or rehabilitated with a deferred payment loan provided from the Indian River County Local Housing Assistance Program is sold, refinanced with a cash out, or occupied by someone other than the original loan recipient, the entire loan amount and accumulated interest shall be due and payable to the local housing assistance program. The funds obtained through these repayments shall be redeposited into the Indian River County Local Housing Assistance Trust Fund for redistribution by the Indian River County Local Housing Assistance Program. (6) The activities and strategies to be undertaken by the Indian River County Local. Housing Assistance Program in providing and encouraging affordable housing shall be consistent with the most recent Indian River County Local Housing Assistance Plan approved by the Board of County Commissioners and Florida Housing Finance Corporation (FHFC) and meet requirements of F.S. § 420.9075 and Rule 67-37 FAC. (7) The Indian River County Board of County Commissioners may elect to provide additional funding to supplement and/or augment funds provided from the Indian River County Local Housing Assistance Trust Fund for administration and implementation of the Indian River County Local Housing Assistance Program. 155 (Ord. No. 93-13, 4-6-93; Ord. No. 2014-008, § 1(App. A), 4-15-14) Section 308.06. - Designation of responsibility for administration and implementation of the Indian River County Local Housing Assistance Program. (1) The Indian River County Community Development Department is hereby designated the agency responsible for the implementation and administration of the Indian River County Local Housing Assistance Program. In its capacity as the responsible agency, the community development department, with concurring approval from the board of county commissioners, may contract with various profit or non-profit agencies for various administrative activities. (2) The community development department shall monitor the success of the Indian River County Local Housing Assistance Program, and provide advice and suggestions as to whether and in what ways the Indian River County Local Housing Assistance Program might be improved from year to year. (Ord. No. 93-13, 4-6-93; Ord. No. 2014-008, § 1(App. A), 4-15-14) Section 308.07. - Creation of the Indian River County Affordable Housing Advisory Committee. (1) The. Indian River County Affordable Housing Advisory Committee is hereby created and established pursuant to the requirements of F.S. § 420.9076(2). The members of the advisory committee shall be appointed by resolution of the board of county commissioners. (2) The resolution appointing the Indian River County Affordable Housing Advisory Committee shall define affordable housing as applicable to the county in a way that is consistent with the adopted local comprehensive plan. (3) The affordable housing advisory committee shall consist of seveRteeReleven (4 11) voting members. Sixteen (16) Mernbers shall be v9tiR9 Fnembers, and MineSix (86) of those voting members shall constitute a quorum. The committee may not take formal actions unless a quorum is present, but may meet to hear presentations and undertake other informal activities if duly noticed. (a) The Indian River County Board of County Commissioners shall appoint the -six voting members of the affordable housing advisory committee selected from six of the following eleven categories' . 1. One (1) citizen who is actively engaged in the residential building industry. 2. One (1) citizen who is actively engaged in the banking or mortgage industry. 3. One (1) citizen who is a representative of those areas of labor engaged in home building. 4. One (1) citizen who is designated as an advocate for low-income persons. 5. One (1) citizen who is actively engaged as a for-profit a provider of affordable housing. 6. One (1) citizen who is actively engaged as a not-for-profit provider of affordable housing. 7. One (1) citizen who is a real estate professional. 8. One (1) citizen who actively serves on the county's local planning agency (Planning and Zoning Commission). 9. One (1) citizen who resides within the county. 10. One (1) citizen who represents employers within the county. 11. One (1) citizen who represents essential service personnel. 156 (b) The City of Fellsmere, City of Sebastian, Town of Indian River Shores, Town of Orchid, and City of Vero Beach each shall appoint eoe-wem4e-gone-member representative (members 7-11. Lob) The Indian River County Board of County Commissioners shall appoint one member of the Indian River County Board of County Commissioners as a non-voting MeMbeFliaison of the affordable housing advisory committee. (4) The following terms of membership shall apply to members of the committee: (a) Voting members shall serve for two-year terms and may be reappointed for subsequent terms. (b) Non-voting members shall serve for one-year terms and may be reappointed for subsequent terms. (5) Meetings shall be held as needed. (6) The Indian River County Affordable Housing Advisory Committee shall comply with the Government in the Sunshine Law, the public records law, and the special provisions regarding notice of Affordable Housing Incentive Plan considerations found in F.S. § 420.9076. Minutes of all meetings shall be kept. (7) The Indian River County Affordable Housing Advisory Committee shall annually elect a chairperson and a vice -chairperson, and such other offices as it deems necessary. (8) Staff, administrative and facility support for the Indian River County Affordable Housing Advisory Committee shall be provided by the board of county commissioners. (9) Triennially. consistent with requirements of F.S. § 420.9076 and Rule 67-37 FAC the advisory committee shall review the county's established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. (Ord. No. 93-13, 4-6-93; Ord. No. 2014-008, § 1(App. A), 4-15-14) Section 308.08. - Severability. If any phrase or portion of this chapter, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phases and their application shall not be affected thereby. (Ord. No. 93-13, 4-6-93; Ord. No. 2014-008, § 1(App. A), 4-15-14) 157 Editor's note— Section 1(App. A) of Ord. No. 2014-008, adopted April 15, 2014, repealed the former § 308.08 which pertained to the adoption of the Indian River County Affordable Housing Incentive Plan, and derived from Ord. No. 93-13, adopted April 6, 1993. Said ordinance renumbered former § 308.09 as § 308.08. Section 308.09. - Effective date. This chapter shall become effective thirty (30) days after the date of formal adoption. (Ord. No. 93-13, 4-6-93; Ord. No. 2014-008, § 1(App. A), 4-15-14) Editor's note— Former § 308.10. PART II. - INDIAN RIVER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM ACQUISITION, REHABILITATION, AND SALE PROCEDURES AND STANDARDS Section 308.10. - Title. This Part of Chapter 308, the terms and the provisions contained herein, shall be known as the Indian River County Neighborhood Stabilization Program Acquisition, Rehabilitation, and Sale Procedures and Standards. (Ord. No. 2012-006, § 2, 5-1-12; Ord. No. 2014-008, § 1(App. A), 4-15-14) Editor's note— Former § 308.11. Section 308.11. - Purpose and intent. Since 2009, Indian River County has participated in the Neighborhood Stabilization Program, NSP, as created by the Housing and Economic Recovery Act of 2008, the American Recovery and Reinvestment Act of 2009, and the Wall Street Reformed Consumer Protection Act of 2010. The purpose of this chapter is to set forth procedures and standards whereby Indian River County can acquire foreclosed or abandoned properties using Neighborhood Stabilization Program (NSP) funds, rehabilitate those properties with NSP funds, and sell those properties to qualifying low and moderate income households. As such, this chapter provides for: (1) Establishment of competition and qualification standards for county acquisition, rehabilitation and sale of foreclosed or abandoned properties in accordance with the NSP; (2) Provisions for notice to participants in the NSP; (3) Establishment of a form and manner to acquire property; (4) Establishment of negotiation or qualification standards that must be met in order for a person to buy a property under the NSP; (5) Establishment of a process to provide notice to potential qualified buyers for NSP rehabilitated housing. (Ord. No. 2012-006, § 2, 5-1-12; Ord. No. 2014-008, § 1(App. A), 4-15-14) Editor's note— Former § 308.12. 158 Section 308.12. - Establishment of procedures for county acquisition of foreclosed or abandoned properties with NSP funds. (1) The community development director is hereby designated as the person responsible for administering the county's Neighborhood Stabilization Program. In this capacity, the community development director shall comply with all procedures in the Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) Housing Assistance Plan (HAP) and NSP Program Manual (as applicable). (2) Consistent with NSP guidelines, the county will acquire foreclosed or abandoned properties to rehabilitate and sell or rent to qualified low and moderate income households. All properties acquired through the NSP will be located in the designated NSP target area and will be acquired at no more than ninety-nine (99) percent of current appraised value. (3) To acquire properties, the county will work with qualified local real estate brokers, financial institutions, and federal housing agencies. For each potential purchase, the county will undertake all applicable pre-acquisition due diligence activities. This will involve obtaining surveys, appraisals, inspections, and title reports, as applicable. (4) In acquiring NSP properties, the community development director is hereby authorized to execute purchase contracts, due diligence contract work orders, and other applicable documents. On a regular basis, the community development director shall provide an NSP acquisition status report to the board of county commissioners. (Ord. No. 2012-006, § 2, 5-1-12; Ord. No. 2014-008, § 1(App. A), 4-15-14) Editor's note— Former § 308.13. Section 308.13. - Establishment of procedures for county rehabilitation of properties purchased with NSP funds. (1) For each NSP property acquired by the county, an inspection of the property will be conducted to determine the specific rehabilitation work required. That inspection will be based on the county's NSP construction specifications document. Based on the inspection report prepared for the property, a scope of work will be developed, and bid documents will be prepared. (2) To procure contractors for NSP rehabilitation work, the county will comply with applicable NSP regulations and Indian River County Policies and Procedures for CDBG programs and projects. For each NSP rehabilitation project, the county will solicit bids from those firms on its list of pre -qualified contractors. A contract will then be awarded to the lowest, most responsive bidder. (3) The community development director is hereby authorized to execute rehabilitation contracts with NSP contractors. Those contractors will be responsible for obtaining all required permits and completing all items in the applicable scope of work within the timeframe established in the contract. Once the work is completed and inspected, releases of liens are provided, and invoices are submitted, the contractors will be paid. (Ord. No. 2012-006, § 2, 5-1-12; Ord. No. 2014-008, § 1(App. A), 4-15-14) Editor's note— Former § 308.14. Section 308.14. - Establishment of criteria for the sale of NSP properties that constitute an alternative property disposition procedure to sections (1) and (2) of of F.S. § 125.35. 159 (1) Pursuant to NSP requirements, the county will sell houses acquired with NSP funds to qualified low and moderate income households. In so doing, the county will comply with the resale property disposition criteria in the county's CDBG NSP HAP or NSP Program Manual (as applicable). (2) To be eligible to purchase an NSP house, a buyer must meet the qualification standards listed in the HAP. Specifically, a potential buyer must have an income in the low or moderate income category, have the minimum downpayment amount, and qualify with a financial institution for a principal mortgage in an amount adequate to purchase an NSP house with county/NSP gap financing assistance. For each prospective NSP buyer, the county will conduct an income qualification assessment. NSP houses will then be sold on a first come/first served basis. (3) The county will provide notice of intent to sell NSP houses in several ways. These may include, but not be limited to, newspaper advertisements, brochures, multiple listing service, and website notice. (4) Once the rehabilitation of an NSP house is complete, the county will have the rehabilitated house appraised. The lower of the appraised value or the total of the acquisition, maintenance and rehabilitation cost of the house will then be the house's selling price. Once the selling price is set, the county will sell the house at the selling price to the first qualified buyer. If, however, a new appraisal indicates that the house's value is less than the selling price, the house will be sold for the new appraised value. The manner of acquisition will be by warranty deed from the county. (5) All sales of NSP properties will comply with the county's comprehensive plan and zoning. (6) The chairman of the board of county commissioners is hereby authorized to execute deeds and other documents associated with the sale of NSP properties. (Ord. No. 2012-006, § 2, 5-1-12; Ord. No. 2014-008, § 1(App. A), 4-15-14) Editor's note— Former § 308.15. 160 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE MEMBERSHIP AND RESTATING ITS TASKS, POWERS, AND DUTIES WHEREAS, Indian River County adopted Ordinance No. 93 — 13, establishing the Indian River County Local Housing Assistance Program; and WHEREAS, Ordinance No. 93 - 13 was codified as Chapter 308 of the Indian River County Ordinance Code; and WHEREAS, an Affordable Housing Advisory Committee was appointed in May 18, 1993 to perform and complete the duties and functions set forth in Section 420.9076, Florida Statutes, and Section 308.07 of the Indian River County Ordinance Code; and WHEREAS, the 1993 Affordable' Housing Advisory Committee performed and completed all tasks referenced above and was eventually dissolved on November 4, 2003; and WHEREAS, the 2007 Florida Legislature, as part of HB 1375, revised Section 420.9076 Florida Statutes to require all counties in the state to establish Affordable Housing Advisory Committees and to prepare a report every three years that reviews local established policies and procedures, ordinances, land development regulations and comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of the property to appreciate in value; and WHEREAS, on March 18, 2008, the Indian River County Board of County Commissioners adopted resolution 2008-038 establishing a new Affordable Housing Advisory Committee as directed by the state to fulfill the requirements of HB 1375; and WHEREAS, as part of resolution 2008-038, the Board of County Commissioners appointed a total of seventeen members to the Affordable Housing. Advisory Committee, consisting of eleven voting members from categories outlined in state statute, five additional voting members consisting of a representative appointed by each of the towns and cities in the County, and one non-voting Board 161 of County Commissioners liaison; and WHEREAS, the Affordable Housing Advisory Committee created and approved the County's first Affordable Housing Advisory Committee Report on November 18, 2008, which was subsequently approved by the Board of County Commissioners on December 9, 2008 and submitted to the Florida Housing Finance Corporation; and WHEREAS, since approval of that report, three additional Affordable Housing Advisory Committee reports were prepared, recommended for approval by Affordable Housing Advisory Committee, approved by the Board' of County Commissioners, and submitted to the Florida Housing Finance Corporation; one in 2011, one in 2014, and the other in 2017; and WHEREAS, on December 4, 2018 the Board of County Commissioners directed staff, outside of the three year statutorily required time frame, to schedule Affordable Housing Advisory Committee meetings to discuss, study, and review the affordable housing issue within the county; and WHEREAS, since receiving that direction, the Affordable Housing Advisory Committee has met a total of five times, however, it has been difficult to achieve a quorum of a minimum of nine of the seventeen Affordable Housing Advisory Committee members; and WHEREAS, Section 420.9076, Florida Statute was recently changed to require Affordable Housing Advisory Committee membership to be between eight and eleven members, with at least six of those members from eleven categories established in statute; and WHEREAS, on October 22, 2019, the Board of County Commissioners directed staff to prepare an amendment to Chapter 308 of the Indian River County Ordinance Code and a resolution to reduce the Affordable Housing Advisory Committee size from seventeen members to eleven members plus the Board of County Commissioners liaison. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 162 1. This resolution replaces and repeals Board of County Commissioners resolution 2008-038. 2. The Affordable Housing Advisory Committee voting membership shall be as identified in Exhibit "A" attached to this resolution. 3. The Affordable Housing Advisory committee non-voting membership shall be as identified in Exhibit `B" attached to this resolution. 4. Except for the vacancies filled by the five municipalities, vacancies in membership shall be filled and approved by majority vote of the Indian River County Board of County Commissioners. 5. The provisions of Chapter 103, Commissions and Boards, of the Indian River County Ordinance Code shall apply to the activities of the Affordable Housing Advisory Committee unless otherwise specified in Section 308.07 of the Indian River County Ordinance Code. 6. The Affordable Housing Advisory Committee shall have no power or authority to commit Indian River County to any policies, incur any financial obligation, or create any liability on the part of the County until approved or adopted by the Board of County Commissioners. 7. Duties of the Affordable Housing Advisory Committee include but are not limited to: ■ Providing advice to the Board of County Commissioners regarding the provision of affordable housing and workforce housing within the county; ■ Assessing new affordable housing strategies; ■ Reviewing and assessing the County's current affordable housing incentives; ■ Reviewing the County's current policies and procedures as related to the provision of affordable housing; ■ Reviewing the Housing Element component of the County's Comprehensive Plan Evaluation and Appraisal Report; ■ Reviewing the County's Land Development Regulations as they relate to the provision of affordable and workforce housing; and 163 ■ Submitting a report to the Board of County Commissioners every three years, to meet state mandates, including to recommend specific actions or initiatives to encourage and facilitate affordable housing while protecting the ability of property to appreciate in value. The foregoing resolution was offered by Commissioner _and seconded by Commissioner , and, being put to a vote, the vote was as follows: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner Bob Solari, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of 2019. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Susan Adams, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS 164 Roland M. DeBlois, AICP; Community Development Director 165 EXHIBIT "A" Members of the Indian River County Affordable Housing Advisory Committee Appointed by the Indian River County Board of County Commissioners, pursuant to Section 420.9076(2). F.S. and County Policy. Voting Members 1. A representative appointed by the City of Fellsmere 2. A representative appointed by the City of Vero Beach 3. A representative appointed by the City of Sebastian 4. A representative appointed by the Town of Indian River Shores 5. A representative appointed by the Town of Orchid In addition to the five municipal representatives listed above, the Board of County Commissioners shall select six members from the list below (as required by Section 420.9076(2) Florida Statutes). • A citizen who is actively engaged in the residential home building industry in connection with affordable housing. • A citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing. • A citizen who is a representative of those areas of labor engaged in home building in connection with affordable housing. • A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. • A citizen who is actively engaged as a for-profit provider of affordable housing. • A citizen who is actively engaged as a not-for-profit provider of affordable housing. • A citizen who is actively engaged as a real estate professional in connection with affordable housing. • A citizen who actively serves on the County's local planning agency (Planning and Zoning Commission) pursuant to Section 163.3147 Florida Statutes. • A citizen who resides within the county. 166 • A citizen who represents employers within the county. • A citizen who represents essential services personnel, as defined in the Local Housing Assistance plan. 167 EXHIBIT "B" Non -Voting Liaison Representational Criteria A member of the Indian River County Board of County Commissioners F:\Community Development\SHIP\AHAC- Affordable Housing Advisory Committee\Resolutions and Ordinances\2019 Resolution and Ordinance Revisions\Attach 3 - AHAC MEMBERSHIP RESOLUTION - 2019.docx 168 10, A, In as Ua t.Newspapers _ PART OFTH E USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the.undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beachin Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed In Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. December 1, 2019 Subscribed and sworn to before on December 1, 2019: _I)iDL0_.V,yL ey-v d .t. tx-..Q.,_ 1 Notary. State of WI. Countv of Brown TARA MONULOCH Notary Public State .of Wisconsin My commission expires August 6, 2021 Publication Cost: $140.22 Ad No: 0003916491 Customer No: 1310785 PO #: This is not an invoice NOTICE OF INTENT- PUBLIC HEARING NOTICE IS HEREBYGIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCEOF THE BOARD OF COUNTY COMMISSIONER; OF.INDIAN RIVERCOUNTY,FLORIDAAMENDING CHAPTERI08, INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCEPRO GRAM, OF THE CODE OF LAWS AND ORDINANCES INDIAN RIVER COUNTY, AND PROVIDING FOR CODIFICATION SEVERABILITY; AND EFFECTIVE DATE. The Public Hearing will be held on Tuesday, December 17, 2019 at 9:05 a.m., or as soon thereafter as the matter may be heard, In the County Commission Chambers located on the first floor 'of Building A of the County Administration Com- plex. 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may appear at :the meeting and be heard with respect to the proposed ordinance. A copy of ,the proposed ordinance is available at the Planning Division office located at the County Administration Building, 1601 27th Street, Vero Beach, Florida. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim re- cord of the proceedings Is made, which includes testimony and evidence upon which the appeal Is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act Coor- dinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By: -$- Susan Adams, Chairman Pub: Dec. 1, 2019 TCN3916491 169'l to. , I INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: ADDRESS: 118 43`d Ave Spencer Simmons PHONE: 772-766-9392 SUBJECT MATTER FOR DISCUSSION: Existing LDR pertaining to Ag land uses being over looked by Code Enforcement and Community Development IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F1 YES X� NO F-1 YES FxNO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1-1 YES Fx I NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: _ Interactive Web Form X_ E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E Brown MEETING DATE: December 10, 2019 F1County AdminExecAssAAGENDATublic Discussion Items Fortn.doc 169 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: December 10, 2019 RE: Public Notice of Public Hearing Scheduled for January 7, 2020 to Codify the Code of Indian River County The Board of County Commissioners will hold a Public Hearing on Tuesday, January 7, 2020, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 100.03 "AMENDMENT OR REPEAL OF ORDINANCES" OF CHAPTER 100 "GENERAL PROVISIONS" OF THE CODE OF INDIAN RIVER COUNTY ("THE CODE"), CODIFYING AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING SUPPLEMENT 133 THERETO, READOPTING THE CODE, DESIGNATING THE CODE AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. /nhm 170 MW RVEIn? c Office of the z INDIAN RIVER COUNTY . aADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Brian Sullivan Legislative Affairs & Communications Manager DATE: December 17, 2019. SUBJECT: 2020 Treasure Coast Tri -County Legislative Priorities BACKGROUND Members of the Board of Commissioners of Indian River County, St. Lucie County, and Martin County met .on October 3rd, 2019 in. Fort Pierce, Florida to discuss and vote on staff recommendations for the 2020 Treasure Coast Tri -County Legislative Priorities. Prior to the October 3rd meeting, each of the three counties was offered the opportunity to submit policy proposals. These proposals were researched and analyzed by county staff, who then recommended whether the proposal should be included in the Tri -County legislative agenda for the 2020 Florida Legislative Session. During the October 3rd meeting, county .commissioners present at the meeting were afforded the opportunity to discuss and hear public comment on staff recommendations. After the October 3rd meeting, county staff compiled the adopted recommendations and prepared a document which reflects the finalized 2020 Treasure Coast Tri -County Legislative Priorities. RECOMMENDATION Indian River County Staff recommends the Indian River Board of County Commissioners adopt a motion in support of the of the 2020 Treasure Coast Tri -County Legislative Priorities. 171 ATTACHMENTS - 2020 Treasure Coast Tri -County Legislative Priorities 172 Additional Back-up Item 11.A December 17, 2019 Treasure Coast TriCounty Legislative Priorities ADDENDUM: Revised Biosolids Policy Statement (changes are highlighted) Biosolids Today, Florida's central sewer wastewater treatment facilities produce approximately 340,000 tons of biosolids which are the human waste effluents from central sewer wastewater treatment facilities. Approximately 100,000 dry tons of biosolids are designated as Class B biosolids which are treated sewage sludge that meets U.S. Environmental Protection Agency guidelines for land application as fertilizer and are allowed to have detectable levels of pathogens. Another 100,000 dry tons of biosolids are deposited in various landfills throughout the state. The final 140,000 dry tons of biosolids are further processed, dried, and composted with material from the landscape industry to produce approximately 200,000 tons of Class AA biosolids. These biosolids can then be distributed and marketed as fertilizer. This class of biosolids is unregulated and land applied mainly on pasture lands, and to a lesser extent on citrus. Both Class B biosolids and Class AA biosolid fertilizers contain approximately 5.5% Total Nitrogen (TN) and 2.2% Total Phosphorus (IT). Therefore, the 300,000 dry tons of land applied Class AA and Class B biosolids C contribute over 33 million pounds of TN and 13.2 million pounds of TP to agricultural lands each year. Wile the practice of land -applying Class B biosolids was recently banned in the Lake Okeechobee, Caloosahatchee, St. Lucie River and Everglades watersheds, the St. Johns River Upper Basin in 2016 received nearly 74,000 tons of Class B biosolids in its watershed. One of the by-products or residuals of the wastewater treatment process is called biosolids, or the wet sludge that is left behind after the initial processing. In Florida, biosolids are either land applied as a soil amendment to improve agricultural productivity or disposed of in landfills. Either way it is an important source of water, energy, nitrogen, and phosphorus resources that some suggest could be recovered and used more efficiently. There is also a concern statewide that excess nutrients from land application of human waste biosolids could reach surface waters because of rainfall runoff and continue to increase the occurrence of chronic harmful algal blooms. ort the efforts of the state and local governments to prioritize the reduction and evc nation of the land application; and compostine of Class Band This includes efforts to immediately establish standard protocols and funding for the identification, quarterly tracking and monitoring of non-residential biosolid and class AA application and explore new wastewater treatment technologies to improve biosolids resource, recovery and management options. 0 TREASURE COAST TR ICOUNTY LE ISLAjIVE PRIORITIF.S '."`."'`=` iofN I , W, n IMMACMAris �:,- \ y/� .—� V •yyt`; 1r•r.+K 1, \ Lw K s'# + r�`��`!. -t w �, U"��k""'}ba I.: F� .i 'i\ IF wff'!� '.{xi •.`:"tL: �� ,' \ it �( • �+,\ 1 t ,�F� ;t X11 ' ,�.�'�� ` fr � t� t {1 � �'�s�'t' 4 ��,(f,C �;r��.:� IT t j � � ? � t 1 ?� ' I }; 11 t � r. il• t t4-... d _a :�,i? i/ +t e, r' s � �/y�- �. � V �� y _ \ '.%( l✓ s�...?^-'{� 1 ��1�,r � .: t;' 1 _ \� int. r 1��-T� � t` `i� ��t 1 t � _� � ^ \ l�..t r, }, +,(j�x Y £ t i y V �'ro o �OO WILUDS Today, Florida's central sewer wastewater treatment facilities produce approximately 340,000 tons of biosolids which are the human waste effluents from central sewer wastewater treatment facilities. Approximately 100,000 dry tons of biosolids are designated as Class B biosolids which are treated sewage sludge that meets U.S. Environmental Protection Agency guidelines for land application as fertilizer and are allowed to have detectable levels of pathogens. Another 100,000 dry tons of biosolids are deposited in various landfills throughout the state. The final 140,000 dry tons of biosolids are further processed, dried, and composted with material from the landscape industry to produce approximately 200,000 tons of Class AA biosolids. These biosolids can then be distributed and marketed as fertilizer. This class of biosolids is unregulated and land applied mainly on pasture lands, and to a lesser extent on citrus. Both Class B biosolids and Class AA biosolid fertilizers contain approximately 5.5% Total Nitrogen (TN) and 2.2% Total Phosphorus (TP). Therefore, the 300,000 dry tons of land applied Class AA and Class B biosolids contribute over 33 million pounds of TN and 13.2 million pounds of TP to agricultural lands each year. While the practice of land -applying Class B biosolids was recently banned in the Lake Okeechobee, Caloosahatchee, St. Lucie River and Everglades watersheds, the St. Johns River Upper Basin in 2016 received nearly 74,000 tons of Class B biosolids in its watershed. One of the by-products or residuals of the wastewater treatment process is called biosolids, or the wet sludge that is left behind after the initial processing. In Florida, biosolids are either land applied as a soil amendment to improve agricultural productivity or disposed of in landfills. Either way it is an important source of water, energy, nitrogen, and phosphorus resources that some suggest could be recovered and used more efficiently. There is also a concern statewide that excess nutrients from land application of human waste biosolids could reach surface waters because of rainfall runoff and continue to increase the occurrence of chronic harmful algal blooms. Support the efforts of the state and local governments to prioritize the reduction and eventual elimination of the land application, and most importantly the composting of Class B and AA biosolids. This includes efforts to immediately establish standard protocols and funding for the identification, quarterly tracking and monitoring of non-residential biosolid and class AA application and explore new wastewater treatment technologies to improve biosolids resource, recovery and management options. and other weather impacts on the Counties. Support continued funding for research and mitigation for harmful algal blooms (HABs), including blue green algae, and red tide. 175 �? -. ;.�+w �.r 1 • i Fps !l i COMPREHENSIVE WATER REFORM/INDIAN RIVER LAGOON WATER QUALITY Excessive discharges from Lake Okeechobee, local stormwater runoff, septic tanks, and land application of biosolids are threats to the health of our waterways. The Florida Section of the American Society of Civil Engineers' 2016 Report Card for Florida's Infrastructure gave Florida low marks for water infrastructure. The assessment pointed to a U.S. Environmental Protection Agency report that estimated that Florida will need to spend about $16.5 billion in drinking water infrastructure improvements over the next 20 years to ensure that drinking water systems in Florida continue to provide safe and reliable drinking water to the public. Concerns related to both drinking water and wastewater infrastructure focused on the significant needs posed by high population growth, aging infrastructure, and sensitive ecological environments. For wastewater, the report highlighted the number of impaired waterbodies and emphasized the importance of improving wastewater standards in addressing those impairments. The report did not directly address flood control, but for stormwater, the report stated the following: Florida's capital improvement needs forstormwater management are estimated to be $1.1 billion through 2019, yet utility fees to upkeep the systems have declined since 2011 while needs will double over the decade. More than half of Florida's stormwater entities revealed an inability to address all capital improvement needs, and only in stormwater utilities stated that today's operation and maintenance capabilities were adequate only to meet the most urgent needs. In 2019, Senator Albritton introduced SB 628 and Representative Jacobs introduced HB 1199 which recognized the necessity of a long-term approach to our state's needs for ample supply and quality to meet our growing population. The bills would have required FDEP to conduct a comprehensive study on statewide needs and quantify appropriate funding amounts and sources. Both bills died in committee. Support legislation intended to assess and regularly report the financial need to address Florida's water infrastructure relating to water supply including conservation, . the protection of water quality, stormwater, wastewater, water reuse, flood control and environmental resource protection and restoration. Support legislation that promotes the identification of potential sources of sufficient funding to address the documented need, as well as, the development of priority and science - based grant programs for the implementation of projects, programs, and studies identified by local governments, the water management districts and state agencies, as well as non-governmental organiziations. Support legislation requiring the assessment and evaluation of state agency efforts to address sea level rise and other weather impacts on the Counties. Support continued funding for research and mitigation for harmful algal blooms (HABs), including blue green algae, and red tide. 177 02,-'OM ilull&M& `LJ' [E vI1[EMIT &C700M LPLSL-'.1MS Q a LIvIJMpll Basin Management Action Plans (BMAP) is the "blueprint" for restoring impaired waters by reducing pollutant loadings to meet the allowable loadings established in a Total Maximum Daily Load (TMDL). It represents a comprehensive set of strategies: permit limits on wastewater facilities, urban and agricultural best management practices, conservation programs, financial assistance and revenue generating activities, etc. designed to implement the pollutant reductions established by the TM DL. The Florida Department of Environmental Protection has substantially increased the required reduction goals for stakeholders within the St. Lucie Estuary BMAP. These increases will force the County to seek alternative projects that provide for efficient nutrient reduction. Support efforts in crediting new activities and simplifying the process for existing activities to obtain nutrient removal credits towards a Basin Management Action Plans (BMAP). Consider to allow the following activities to be as reducing pollutant loadings to meet the allowable loadings (TMDLs) in a BMAP. Aquatic Vegetation Removal Grassed Swale Material Removal Dispersed Water Storage Natural Land Storage Support a reorganization of the Basin Management Action Plan credit and project calculations to be applied on a regional basis rather than on a county by county impact. 178 DEDICATED ANNUAL FUNDING FOR BEACH RENOURISHMENT PR03ECTS The Treasure Coast supports the creation of a new dedicated and recurring statutory funding source of at least $50 million for beach renourishment projects which accurately reflects the increase in participating programs and future beach and inlet project funding needs. The previous statutory commitment of $30 million created in 1998 was repealed during Amendment 1 implementation. Since that time, the beach program has received just over $50 million each year between Land Acquisition Trust Funds and General Revenue. During the 2019 Legislative Session, Representative LaMarca was successful in passing a comprehensive beach bill to address many issues impacting our beaches, however, this language was not included. Support the creation of a new dedicated and recurring statutory funding source of at least $50 million for beach renourishment projects which accurately reflects the increase in participating programs and future beach and inlet project funding needs. 179 AFFORDABLE HOUSING In 1992, the Florida Legislature created the William E. Sadowski Affordable Housing Act ("the Act"). This created a dedicated revenue source by increasing the documentary stamp tax paid on the purchase price of all residential and commercial deeds. The monies from the documentary stamp are split between all counties and entitlement municipalities and the Florida Housing Finance Corporation. Overall, the monies are split approximately 70-30 between local governments and the State, respectively. Pursuant to section 420.9067 of the Florida Statutes, local governments receive annual allocations for affordable housing based on population. These funds are to be used to implement the housing element of a counties local comprehensive plan, consistent with the State Housing Initiatives Partnership Program (SHIP) plan adopted by all local governments. Over the past decade, the Florida Legislature has transferred nearly $2 billion in Sadowski funds to different areas of the state's annual budget. This leaves a decreased amount of state funding available for local governments seeking to combat affordable housing issues, which has elevated itself as an increasingly problematic area of concern for many counties throughout the state. Support a prohibition on the ability of the Florida Legislature to transfer Sadowski Trust funds to different areas of the state's annual budget. 180 G° [SeVCCdOMIG GOAL In 2008, the Florida Legislature established a statewide weight -based recycling goal of 75% by 2020. The legislation directed the Florida Department of Environmental Protection (DEP) to establish a reporting protocol which requires annual reporting by counties. The legislation also established interim recycling goals and provided that large counties (> 100,000 in population) which do not achieve goals may be directed to develop a plan to expand recycling programs. In attempting to reach the 75% goal, counties have implemented single stream recycling programs and expanded education and outreach programs to inform the public of the benefits of recycling. However, while this statutory recycling goal is the product of good intentions, DEP issued a report in 2018 wherein the Department acknowledged that the goal is "aspirational" and, without significant changes to the current approach, Florida's recycling rate will likely fall short of the 75% goal by 2020. Challenges which inhibit local governments from achievingthe75%goal include collection methods, shifts in recycling markets, new and lighter weight packaging, and a diminishing global demand for recycled waste. Additionally, counties have gone to great lengths in an attempt to meet the 75% recycling goal. Support future recycling goals that are based on energy efficiency rather than weight. Oppose any fines or consequences associated with contamination or not meeting the recycling goal. 181 SHORT TERM RENTALS In 2011, the Florida Legislature passed legislation prohibiting local governments from regulating short- term rentals (i.e., AirBnB, VRBO, etc.). The Florida Statutes define a short-term vacation rental as a property that is rented more than three times peryear for less than 30 days at a time. In 2014, the Florida Legislature loosened this statutory preemption on short-term rentals and permitted local governments to adopt ordinances specific to short-term rentals in order to address noise, parking, trash, and life -safety issues created by their increased presence in residential neighborhoods throughout the state. However, the 2014 legislation left in place existing statutory language which preempts local governments from prohibiting short-term rentals or regulating the duration or frequency of the rental. Since 2014, the Florida Legislature has been routinely confronted with proposed legislation which seeks to re -strengthen the preemption on a local government's ability to regulate short-term rentals. Oppose policies which would preempt a local government from establishing local ordinances related to short term rentals. Support policies which strengthen the ability of a local government to establish ordinances relating to short-term rental properties. 182 0 51NGLE USE PLASTIC At present, global plastic production is equivalent to hundreds of millions of tons per year and is predicted to double within the next 10 years. Less than one fifth of all plastic is recycled. Approximately 40 percent of all plastic produced is in single use disposable plastics. These plastics include non -biodegradable beverage bottles, plastic bags, packaging, food containers and plastic straws. Each year an estimated 10 million tons of plastic enters the ocean mostly from land. This plastic waste stream joins the approximately 150 million tons of debris that are caught up in the world's ocean currents forming massive collections of marine trash. Eventually, as the plastic is exposed to the elements, it breaks down in to smaller pieces that are consumed by marine life in place of food causing starvation and death. Plastic waste can sicken or kill coral reefs by blocking sunlight from reaching coral or by abrading the coral and introducing pathogens and infection. We now know that microplastic fibers have contaminated virtually all the world's water and the health implications of consumption are not yet fully understood. Plastic pollution that collects locally on the beaches, shorelines and waterways impacts the health and aesthetic beauty of our environment. Litter is costly to clean up and if left unchecked has impacts to recreation, tourism and to the economy. It is recognized that there are a number of local businesses, organizations and individuals that are taking affirmative action to reduce and eliminate use of single -use plastics. It is recognized that a collaborative effort is needed to preserve, protect and enhance coastal waters and to further support their environmental, ecological and socioeconomic value. Support single use plastic reduction initiatives and strategies to protect the health of our waterways and enviro7ZVnt CUSTOMARY USE In 2018, the Florida Legislature created .section 163.035, Florida Statutes, which established a two-step process for local governments to follow when considering a customary use affirmation on private property. The first step in the process requires the local government to conduct a public hearing. The local government .must provide notice of the public hearing by certified mail to each property owner, by newspaper, and by posting on the local government's website. At the public hearing, the governing board of the local government considers whether to adopt a formal notice of intent to affirm the existence of a recreational customary use on private property. The notice of intent must specifically identify the following: 1. The specific parcels of property, or the specific portions thereof, upon which a customary use affirmation is sought; 2. The detailed, specific, and individual use or uses of the parcels of property to which a customary use affirmation is sought; and 3. Each source of evidence that the governmental entity would rely upon to prove a recreational customary use has been ancient, reasonable, without interruption, and free from dispute. INDEXING THE GAS TAX Local fuel tax revenues, also known as gas tax, have been constantly eroding as the costs of road construction and maintenance has increased as well as vehicles becoming more fuel-efficient. Unlike local governments, the Florida Department of Transportation has the. ability to index their motor fuel tax rate as it relates to the Consumer Price Index (CPI). Without the ability for local governments to index, we are unable to keep pace with our growing transportation costs and needs. Support legislation to allow counties and municipalities the ability to annually index the local fuel tax as it relates to the Consumer Price Index (CPI). After the public hearing, the statute requires the local government file a lawsuit within 60 days. During the lawsuit, the court conducts de novo review of the local government's initial determination. Support a change to the statute that maintains the local government public hearing process as set forth in section 163.035(3)(a), but eliminates the judicial determination requirements set forth in section 163.035(3)(b). Accordingly, a local government would still be required to meet the public hearing and evidentiary requirements set out in the Florida Statutes, but would not be required to initiate a lawsuit and obtain a judicial determination as currently required by law. This change would maintain the ability of an aggrieved party to appeal a local government's decision following the public hearing process. 184 y _- +rt'�'"�•. �• n- Irl; � �[''�•m'�`F'!!":.'i'7r`t"''-��-- - f.". _ �•a Q .-�'� -rte �AOP tic► . �. r` i N•T ^ ~! "'rte r �'� ' � � "1ir� �, +his, •� '. ;.,"� �' „� � •, - _ �) , �;ti. ^. ' _ -► _� `l +.�" •_ 31, e/� Vic'^-�Q i�,1 °', `..3��..=;,J'iq �� �"�;"i• t l t s .r' •� TI Jj�, tli.. R�� !/ { :`k 1 .1 , j � _ _1 •;y};,��' ,I l� �_ _ • Kofi . IkLA NN Is It � NON DOMESTIC SAND SOURCE Over the past several years, it has become clear that communities in south Florida need more sand for beach nourishment projects while there is a relatively large reserve of material off the Treasure Coast. However, transportation distance and grain size and color variations, plus other local concerns, make the Treasure Coast material less suitable for south Florida beaches. With that in mind, the counties of St. Lucie, Broward, Indian River, Miami -Dade and Martin have joined together to amend law in a 1986 WRDA bill that generally prohibits the exploration of non-domestic sand for American shore protection projects. In the 2016 House version of WRDA, Rep. Frankel was successful in amending the legislation on the House floor to include language allowing for easier exploration of such material during planning efforts for future shore protection projects. Unfortunately, the language was dropped in conference negotiations with the Senate and did not become law. In the 115th Congress, Sen. Rubio and Rep. Frankel, alongwith nineoriginal House cosponsors including Congressman Brian Mast, had introduced S. 279 and HR 833 which had mirrored the language in the 2016 House WRDA bill. The Passage of such legislation would have allowed for the option of using non-domestic sand in future federal beach nourishment projects. A similar bill is expected to be introduced in the 116th Congress. Support allowing local governments to acquire sand by purchase, exchange or otherwise from non-domestic sources to replenish shorelines due to beach erosion. 187 j. 1� `i future shore protection projects. Unfortunately, the language was dropped in conference negotiations with the Senate and did not become law. In the 115th Congress, Sen. Rubio and Rep. Frankel, alongwith nineoriginal House cosponsors including Congressman Brian Mast, had introduced S. 279 and HR 833 which had mirrored the language in the 2016 House WRDA bill. The Passage of such legislation would have allowed for the option of using non-domestic sand in future federal beach nourishment projects. A similar bill is expected to be introduced in the 116th Congress. Support allowing local governments to acquire sand by purchase, exchange or otherwise from non-domestic sources to replenish shorelines due to beach erosion. 187 12 . F 1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., Asst. Public Works Director SUBJECT: Award of Bid No. 2019073 Construction of Intersection Improvements at SR -60 and 43`d Avenue, IRC -0853, FDOT FM 43.1759-2-54-01 DATE: December 6, 2019 DESCRIPTION AND CONDITIONS On March 7, 2017, the Board of County Commissioners approved Resolution No. 2017-020 and a County Incentive Grant Program (CIGP) Agreement FM No. 431759-2-54-01 with the Florida Department of Transportation (FDOT) for the construction and construction engineering inspection (CEI) Services for intersection improvements at SR -60 and 43 d Avenue.. The FDOT CIGP grant amount approved $7,291,146.00 to be shared equally by FDOT and Indian River County for a total of $3,645,573.00 each and was executed by the FDOT on March 20, 2017. On June 4, 2019, the Board of County Commissioners approved FDOT Amendment Number One to County Incentive Grant Program (CIGP) Agreement FM No. 431759-2-54-01 to increase the funding for construction and CEI services for a total amount of $13,171,782.00 and to extend completion date to December 30, 2020. On June 11, 2019, the Board of County Commissioners entered into Agreement with Consor Engineers, LLC to provide CEI construction administration, inspection and testing services for Intersection Improvements of SR -60 and 43`d Avenue. A bid opening for the Intersection Improvement at SR -60 and 43`d Avenue was held on October 30, 2019 and three (3) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Bidder Bid Timothy Rose Contracting, Inc. Vero Beach, FL $13,641,589.27 Dickerson Florida, Inc. Fort Pierce, FL $16,723,350.22 Community Asphalt Corp. Fort Pierce, FL $17,060,727.91 189 On November 1, 2019, Timothy Rose Contracting, Inc. submitted a request to the Purchasing Manager to withdraw its bid, citing a $1,000,000 error in its $285,000 bid on the line item for Maintenance of Traffic. Article 16 of the Instructions to Bidders require that a duly signed written request to withdraw, demonstrating a material and substantial mistake was made in the preparation of the bid, be submitted within 24 hours of the bid opening. TRC's request was received by email; nearly 48 hours afterthe public bid opening. The Purchasing Manager met with the department and County Attorney, and determined the request to withdraw was not timely and should not be approved. The request to withdraw was denied and the Timothy Rose Contracting, Inc. bid was considered as submitted and read in the public bid opening. Staff completed a detailed comparison of the bids received and the estimated costs forthe project, and found the lowest bid submitted to be feasible. The FDOT has concurred that Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with bid totaling $13,641,589.27; $800,902.40 below the Engineer's Cost Estimate. Timothy Rose Contracting, Inc. has completed various projects within the County in a satisfactory manner. FUNDING Per the CIGP grant agreement, the County must fund the project and then request the reimbursement of the grant share from FDOT to a maximum amount of $6,585,891.00 of the total cost for the project. Funding for the project in the amount of $13,171,782 is programmed in the first two years of the recently approved CIE. The shortfall of $469,808 will be adjusted in next year's CIE. Funding for the County's cost share in the amount of $7,055,698.27 of the total cost will be budgeted in Account No. 31521441-066510-06041 Optional Sales Tax/43rd Ave —18th St to 26th St. RECOMMENDATION Staff recommends the Board approve award to the lowest responsive and responsible bidder, Timothy Rose Contracting, Inc. for $13,641,589.27. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement Memo from TRC Response to TRC Request to Withdraw AGENDA ITEM FOR DECEMBER 17. 2019 190 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1 - WORK............................................................................................................................ 2 ARTICLE 2 - THE PROJECT.............................................................................................................. 2 ARTICLE3 — ENGINEER.................................................................................>.............................. 2 ARTICLE 4 -CONTRACT TIMES................................<�\....................................................... 2 ARTICLE 5 - CONTRACT PRICE....................„.......,,;\.............................. ............................3 \ J ARTICLE 6 -PAYMENT PROCEDURE'5..........................................................................................4 ARTICLE 7 - INT ARTICLE 8 - CO ARTICLE 9 - CO ARTICLE 10 - M: ............................................................ 5 E .................................................................................. 6 "........................................................................................... 8 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 191 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual c4 nts hereinafter set forth, agree as follows: l ARTICLE 1 -WORK 1.01 'CONTRACTOR shall complete all Work asks Documents. The Work is generally described as The project will consist of of SR 60 and 43rd Avenue and the v Canal. Drainage improvements wil Concrete sidewalks, 5' wide and 6' performed, landscaping, traffic andy will be installed. Earthwork, erosi performed. This is an F.D:O.T. Cou FM No. 431759-2-54-01. �` 2.01 The Project for which the only a part is\ge en rally de; the Project Name/SR'60-a6'c County Project,Number. I F -M -No.. 431759-2-54-01 Project iecified or indi ated in the, Contract follows: �� % i on an dening-of the intersection �zisting badge over the Main Relief ctures, piping and retention areas. tistructed, utility relocations will be Is, lighting and pavement markings maintenance of traffic will also be ant -Program (CIGP) funded project nder the Contract Uocuments may be the whole or s follows: AVEN and 43d Vero Beach, Florida 32960 & 32966 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence 192 A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 690th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 720th calendar day after the date when the Contract Times commence to run. /\ 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that tim&is of the essence of this"Agreement and that OWNER will suffer financial loss -if the Work is not completed within/the times specified in paragraph 4.02 above, pilus any extensions thereof allowed in/accordance with Article 12 of the General Conditioris. Liquidated damages v ll,\ommence for this portion of work. The parties also�recognizeNithe delay`\expense, and difficulties involved in proving in a legal/ -proceeding the actual loss suffered by OWNER if the Work is not completed on time.\Accordingly, ,instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall7payOWNER� 4'698.00 for each calendar day that expires after the time -specified in` pa%ragraph 4.62�for Substantial Completion. until the Work is substantially -complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining,Work within the Contract Time or any proper extension thereof g anted -bye OWNER, CONTRACTOR shall pay OWNER $4,698.00, for each calendar day that expires after the time specified in paragraph 4.02 for completion -and-readiness for final payment until the Work is completed and, ready for final payment. nGLE'6 - CONT `CTSP.RICE�� 5.01 `OWNER-shall_payCONTRACTOR for completion of the Work in accordance with the Contract_Documents, an amount in current funds equal to the sum of the amounts determined pursuant to,paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work,,at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. `_ - B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: 193 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER�shall�retain ten percent (10%) of the payment amounts due P the CONTRACTOR until fifty percent (50%) completion of the work. After fifty,percent (50%) completion of -the work is attained as certified to OWNER by ENGINEER in writing\, WNEE shall retain five percent (5%) of the payment amount4due to CONTRACTOR until final completion and acceptance�of/all w`o �k\to be\performed,by CONTRACTOR under the Contract Documents. Pursuant to\Florida�Statutes section 218.735(8)(b), fifty percent (5�0°/)\completion means the point at which the County as OWNER has xpe nded fifty percent (50%)=of the total cost of the construction services work\purchased under the Contract Documents, together with all costs associated with existing\change orders and other additions or modifications --to the construction services 'work provided under the Contract Documents 6.03 Pay A. Each eequest'fo` progress payment shall be submitted on the application for payment `form supplied,\by,OWNER and the application for payment shall contain the CONTRACTOR'S? certification. All progress payments will be on the basis ofNprogress/of-the work measured by the schedule of values established, r or in the case�of unit price work based on the number of units completed. After fifty --percent x(50%) completion, and pursuant to Florida Statutes section 218.735(8.)(d)., the CONTRACTOR may submit a pay request to the County as _ OWNER\for up� to one half (1/2) of the retainage held by the County as OWNER,, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 194 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be/specifically excepted by the CONTRACTOR for all things done or furnished in/connection with the work under this Contract and for every act and neglect of the OWNER and -others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations/under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER ENGINEER, and\others in accordance with paragraph 6.20 (Indemnification) of"\the General Conditions to the Construction Contract. 7.02 "To the fullest extent permitte`by\law, the Recipient's contractor/consultant shall indemnify and hold -harmless Recipientthe `` a d\the\State of Florida, Department of Transportation, inciudin�the Depart ment's\officers,"and employees, from liabilities, damages, losses ands ,g damages, but of limited to, reasonable attorney's fees, to the extent caused by the negligencerecklessrress or intentional wrongful misconduct of the contractor or consultant and -.persons employed or utilized by the contractor or consultant�in'the performance,of this Agreement." ARTICLE-8-1CONTRACTOR'S REPRESENTATIONS 8.01 (1n order to induce OWNER to enter into this Agreement CONTRACTOR makes the following \re.presentations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR -has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the 195 Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety/precautions and programs incident thereto. / F.. 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. G. CONTRACTOR is aware of the general�'i�tuir-e�\\o\f\workto be performed by OWNER and others at the Site that relates to`the\Work as indicated�te.�ntract Documents. H. CONTRACTOR has correlated t infor'm��ation known to CONTRACTOR, information and observations obtained from visits.to the,Site, reports and drawings identified in the Contract Documents, and all\additional examinations, investigations, explorations, tests, studies, and data with the Contract Document`s I. CONTRACTOR has given -E NG. I,NEERvuritten notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR\has discovered in the Contract Documents, and the written resolution thereof'by ENGINEER is acceptable to CONTRACTOR. The Contract DO& of alkterms andKcoi 9 -CONTRACT MIS A. The Contract are generally sufficient to indicate and convey understanding 'for performance and furnishing of the Work. nts consist of the following: 1. This Agreemeht (pages 00520-1 to 00520-10, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 196 the 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of Work (page 00634-1); 9.. General Conditions (pages 00700-1 to 00700-45, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-12, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of Contract Plans Components, Roadway Plans, Signing and Pavement Marking Plans, Signalization Plans, 'L, ting Plans, Landscape and Irrigation Plans and Structural Plans with sheets totali g\260'inclusive, and each sheet bearing the following general title: SR\60 & 43 Rb"AVENUE; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as fo.11ows): Appendix A — Permits�� Appendix B — Indian River County Fertilizer ©rdinances Appendix C — Indian River County Traffid\Engirieering Special Conditions for Right of Way Construction Appendix D — Soil Borings \, Appendix E — City -of Vero Beach Water and Sewer Department Standard Construction ( �� \ \ �7 \�) Specificatioiis,and Details for Water and Sanitary Systems 15. CONTRACTOR'S BID',(pages 00310 -Mo 00310-20, inclusive); 16. Bid Bond`` 430-1 ; �) C orn Statement/Under Section 105.08, Indian River County Code, on Disclosure Relationships�(pages 00452-1 to 00452-2, inclusive); 18, S�wom Stat&mn nt�Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. 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; 197 c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or inter sts in the Contract 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. 10.03 Successors and Assigns A. OWNER and CONTRACTOR'each binds itself,,' lits partners, successors, assigns, and legal representatives to the other par y hereto;�ts\partners, successors, assigns, and legal representatives�n respect \to�all covens agreements, and obligations contained in the Contract'Documents\ 10.04 Severability A. Any provisio�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`o be valid and binding upon OWNER and CONTRACTOR, who agree that the Contrac`Documents shall be reformed to replace such stricken provision or part thereof witha valid and enforceable provision that comes as close as possible to e \pr_essing-the intention of the stricken provision. 10.05 Venue 1 A. This Contract shallbe governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. 198 (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the�County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public/records to the County upon completion of the contract, the Contractor shall destroy any'duplicate�public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records—upon completion%f the contract, the Contractor shall meet all applicable requirements,for retaining public records -All records stored electronically must be provided to the County, upon requestfrom the Custodian of Public Records, in a format that is compatible with the,information technology systems of the County. 41 /__ _­_ B. IF THE CO APPLICATION OF CH) CONTRACTOR'S DUTY TO THIS CONTRACT, RECORDS AT: 1\\ �X (772) 226-1424 aublicrecords0i Indian\River-1 1801 27T\Stri CBeach, C.ailure of the Contr of this._Agreement. ,.- 1` i ounty�Office :t IAS\QUESTIONS."REGARDING THE 119;,\FLORIDA STATUTES, TO THE )VIDE\PU,BLIC RECORDS RELATING E. 'CUSTODIAN OF PUBLIC "the County Attorney to comply with these requirements shall be a material breach [The remainder of this page was left blank intentionally] 199 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective.on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: Jeffrey R. Smith, Clerk of C Comptroller Attest�� /\ _�_.D,eputy Clerk (SEAL Designated Representative: Name: James W. Ennis/ Pr! E., PMP Title: Assistant Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 u License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: _ Facsimile: (It IMV i K/ -\u i VK is a corporation or a partnership, attach evidence of authority to sign.) 200 * * END OF SECTION * * 201 Timothy Rose Contracting, Inc. 1360 Old Dixie Highway SW, Suite 106 Vero Beach FL 32962 (772) 564.7800, TimRose7C@comcast.net To Jennifer Hyde 11.01.2019 Reg BID # 201913 Jennifer in 'regards to bid # 2019073 submitted on October 30, 2019 @ 2 pm by Timothy Rose contracting was the apparent low bidder. Immediately after opening bid we reviewed our bid again and found digit missing for item number 01021 Maintence of Traffic number 1 was left off it should have read $1,285,600 therefore I am requesting my bid to be withdrawn from consideration. Also consider our withdraw because inadvertently spoke with a person at the county I was told bids are under review they couldn't talk about bid and to wait to hear from Jennifer.[ did wait received your e- mail this morning and called right away,,therefore again I'm asking you to withdraw our bid. Thank you, TimotbV.4%Qse / President 202 BOARD OF COUNTY COMMISSIONERS ! �t FkORO' November 5, 2019 Mr. Timothy Rose, President Timothy Rose Contracting 1360 Old Dixie Highway SW, Suite 106 Vero Beach, FL 32962 . - Ti m ros e7 @ co m ca st. n et Reference: Response to Request for Withdrawal of Bid 2019073 — SR 60 and 43rd Ave Intersection Improvements Dear Mr. Rose: Your request to withdraw your submitted bid for the subject project was reviewed with the Public Works Department and County Attorney. Staff has determined approval for withdrawal of your bid is not appropriate, as the request was not submitted within 24 hours after bids were opened, in accordance with Article 16 of the Instructions to Bidders. Bids are still under review and evaluation for responsiveness and responsibility by the Department. If you disagree with the determination that your request to withdraw was not timely, you may appeal the decision to the Board. Written notice of such appeal shall be submitted to the Purchasing Manager within seven (7) calendar days of receipt of this response. The Board shall consider the appeal with reasonable promptness, and may address the appeal at the same time that it considers the Bid award. As a reminder, the cone of silence remains in effect, and will remain in effect until the Board of County Commissioners meets to consider an award or rejection of the subject bid. Per the cone of silence policy, you and your agents shall not communicate in any way (verbal or in writing) with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel until that time. Please feel free to contact me at (772) 226-1575 or by email at jhyde@ircgov.com if you have any questions. Sincerely, 'if ` Jener yde Purchasing Manager Office of Management and Budget • Purchasing Division 180027 th Street, Vero Beach, Florida 329609(772) 226-14169Fax: (772) 770-5140 2�3 E-mail: purchasing@ircgov.com I2.4,1 - Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: December 3, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, PE, Utility Engineer Subject: West Wabasso Sewer Phase 2 Change Order #1 and Contractor's Final Pay Request Descriptions and Conditions: On January 15, 2019, the Indian River County Board of County Commissioners (BCC) approved the award of the contract for the West Wabasso Phase II Sewer Project to CK Contractors and Development in the amount of $1,657,419.24. CK Contractors and Development was issued a notice to proceed. on. February 18, 2019, and has now finished the project and submitted their final pay request. Analysis: The project has been completed, on time and under budget, for $1,632,383.86. Attached to this agenda are: Change Order #1 to make final adjustments to bid items to finalize the contract amount and adjust contract time; and Contractor's Pay Request #10 (Final) for the balance of the work and retainage. Funding: The BCC authorized the following funding for the West Wabasso Phase II Septic to Sewer Project: Funding Source Funding Approved May 2018 Funding Approved August 2018 Funding Based on Bid - $1.7 million January 2019 . SJRWMD $ 825,000.00' $ 825,000.001 $ 561,000.001 IRNEP $ 200,000.00 $ 200,000.00 $ 200,000.00 FDEP $ 0.00 $ 450,000.00 $ 450,000.00 IRC Optional Sales Tax $ 1,475,000.00 $ 11025,000.00 1 $ 489,000.00 Subtotal 1 $ 2,500,000.00 $ 2,500,000.00 1 $ 11700,000.00 'FY 18-19 SJRWMD Cost -Share Grant. Please note that the SJRWMD Cost -Share funding amount will be based. on 33% of the actual construction cost for a maximum grant funding of $825,000. Funding for the West Wabasso Phase II sewer project is available in the Utilities capital fund account. Utilities capital fund revenues are generated from impact fees. Reimbursement is based on the various grants/allocations noted above. 204 F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - West Wabasso Community Sewer System Phase 2 - UCP# 4117\Admih\BCC Items\Final Pay\BCC WestWabasso Ph2 Final & CC.docx Description Account Number Amount West Wabasso Phase II Retainage Check 472-206000-14501 $81,619.19 Recommendation: Staff recommends that the Board of County Commissioners approve Change Order #1 to reduce the contract price to $1,632,383.86, extend the contract time by 63 days; and to authorize final payment including retainage to CK Construction & Development, Inc. in the amount of $81,619.19. Attachments: 1. Change Order #1 w/ Attachment 2. Pay Request #10 (Final) w/ Attachments (On file in the Department of Utility Services) F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - West Wabasso Community Sewer System Phase 2 - UCP# 2U`J 4117\Admin\BCC Items\Final Pay\BCC WestWabasso Ph2 Final & CO.docx West Wabasso Sewer Phase 2 Attachment 1 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: 12/03/2019 EFFECTIVE DATE:12/17/2019 OWNER: Indian River County CONTRACTOR: CK Contractors & Development Project: West Wabasso Sewer Phase 2 OWNER's Project No. UCP #4117 OWNER'S Bid No. 2019-020 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount, release retainage to the Contractor and make final contract time adjustments. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount -Description Original Contract Price $1,657,419.24 Net increase/(decrease) of this Change Order: $ (25,035.38) Contract Price with all approved Change Orders: $1,632,383.86 Accepted by: CONTRACTOR (Signature) CK Contractors & Development Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days/dates) Substantial Completion: 180 days — 8/18/2019 Final Completion: 210 days — 9/17/2019 Net increase this Change Order: (days) Substantial Completion: 63 days Final Completion: 63 days Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 243 days — 10/21/2019 Final Completion: 273 days — 11/21/2019 Recommended by: ENGINEER (Signature) John M. Boyer, RE Utilities Engineer Date: Approved by: OWNER (Signature) Vincent Burke, P.E. Utilities Director Date: 2019-020 Finj,p 00942-1 l b FAUtilities\UTILITY- Engineering\Projects - Utility Construction Permits\IRC -West Wabasso Community Sewer System Phase 2 - UCPi# 4117\Admin\BCC Items\Final Pay\2019-020 Final CO.docx Rev. 05/01 _ West Wabasso Sewer Phase 2 Attachement 1 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES West Wabasso Sewer Phase 2 UCP #4117 BID NO. 2019-020 Item No. Description Quantity Unit Unit Price Price Increase Price Decrease 11 4" O Force Main Directional Bore (DR -11 HDPE) 80 LF, $ 134.94 $ 10,795.20 13 *Abandon 4" O Force Main in IRC R/W (Flush & Grout) 500 LF $ 10.13 $ 5,065.00 36 Force Account 1 LS $ 75,000.00 $ 75,000.00 WCD 1 Debris Removal 1 LS $ 12,574.54 $ 12,574.54 WCD 2 Add 4" PVC Forcemain per Item 12 292 If $ 30.42 $ 8,882.64 WCD 3 Add 18" Riser to LS Wet Well 1 LS $ 6,200.80 $ 6,200.80 WCD 4 18-12054 Sanitary Lateral at Community Center 1 LS $ 7,388.03 $ 7,388.03 WCD 5 18-12055 Construct Water Service 1 LS $ 1,180.46 $ 1,180.46 WCD 6 18-12056 Adjust Manhole Rims & Grade Open R/W 1 LS $ 17,874.70 $ 17,874.70 WCD 7 18-12057 Construct Water Service & Time Ext. 1 LS $ 1,180.46 $ 1,180.46 WCD 8 18-12058 Flowable Fill for Septic Tank Aband. 1 LS $ 10,025.69 $ 10,025.69 WCD 9 18-12059 Additional Survey (Lot Corners) 1 LS $ 517.50 $ 517.50 Price Increase Price Decrease Subtotals: $ 65,824.82 $ 90,860.20 TOTAL (Increase - Decrease): $ (2 5,035.38) 207 1 FAUtilities\UTILITY - Engineering\Projects -Utility Construction Permits\IRC -West Wabasso Community Sewer System Phase 2 - UCP# 411AAdmin\BCC Items\Final Pay\2019-020 Final Change Order 14, C. December 17, 2019 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 9, 2019 SUBJECT: Increased Efforts Supporting Affordable Housing Projects in IRC FROM: Tim Zorc Commissioner, District 3 Discussion Item: I'd like to discuss having the County conduct a full inventory of all its land holdings. After the completion and submission of the inventory, I would propose changing the designation of 15-20% of the land surplus to support affordable housing projects. Additionally, I'd then request the Board solicit the School District of IRC and the Cities of Vero Beach, Sebastian, and Fellsmere to complete their own inventories for the same purpose. 208 I 4. e. L., .December 17, 2019 Item No.14 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 11, 2019 SUBJECT: Florida Department of Transportation (FDOT) and Liquefied Natural Gas (LNG) FROM: Bob Solari Commissioner, District 5 FDOT is engaged in a rule making process that would include transporting Liquefied Natural Gas (LNG) on Florida East Coast (FEC) tracks running through Indian River County. Would the Board like staff to send comments into FDOT Thank you. I -M 209 (S.A DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: December 12, 2019 SUBJECT: Approval of Public Emergency Medical Transportation Letter of Agreement between Indian River County Emergency Services District and the Agency for Health Care Administration. It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS: Staff seeks consideration of a Letter of Agreement with the Agency for Health Care Administration (ACHA) for the receipt of Public Emergency Medical Transportation (PEMT) payments to the County for this year. AHCA has significantly changed the process to receive the PEMT payments to providers over prior years. The new process now requires an upfront payment from the County of $146,342.14 in order to receive the PEMT payment. This payment from the County to AHCA as well as all of the statewide provider's payments will be bundled as a funding mechanism to apply for federal grants. It is anticipated that the funds provided to AHCA ($146,342.14) will be returned to the County as well as the annual PEMT funds estimated to be $85,744 with a total return to the County of $232,086.14. There are several concerns associated with the agreement and they are as follows: The attached agreement with AHCA for the future payment of PEMT is unilateral and not subject to any changes, additions or deletions. The agreement does not fully cover or explain the return of the $146,342.14 to the County. The County Attorney has had conversations with AHCA regarding these issues but they are hesitant to put any of their responses in writing. (See attached email from County Attorney Dylan Reingold to Kristen Johnson, AHCA) If the County does not enter into this letter of agreement, the annual PEMT funding will be withheld and there will be a loss of revenue to the District of $85,744. 210 We are expecting a new document from AHCA that will change only the date to sometime in mid-January because of their failure to distribute the documents in a timely manner. This appears to be a trust issue between AHCA and all service providers in the State that all of the funds will be returned to all of the agencies as well as the annual PEMT payments. The attached agreement does not spell out the return of the funds requested and does not follow the staff conversations with AHCA. FUNDING: Funding for this agreement will be derived via budget amendment in the amount of $146,343 from Emergency Services District/Cash Forward Oct 1 st. When payment is returned to the County, the funds will be deposited back into the Emergency Services District. RECOMMENDATION: Staff recommends, with the concerns listed above, the approval and execution of the Letter of Agreement between the Indian River County Emergency Services District and the Agency for Health Care Administration. ATTACHMENTS: 1. Public Emergency Medical Transportation Letter of Agreement 2. Email dated December 3, 2019 between Dylan Reingold and Kristen Johnson 3. Florida Statute 409.908 211 Public Emergency Medical Transportation Letter of Agreement THIS LETTER OF AGREEMENT (LOA) is made and entered into in duplicate on the day of 019, by and between Indian River County Emergency Services District on behalf of Indian River County Emergency Services District, and the State of Florida, Agency for Health Care Administration (the "Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Intergovernmental Transfers (IGTs)" means transfers of funds from a non -Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government) to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 US.C. §§ 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. "Public Emergency Medical Transportation (PEMT)," pursuant to the General Appropriation Act, Laws of Florida 019-115, is the program that provides supplemental payments for eligible Public Emergency Medical Transportation (PEMT) entities that meet specified requirements and provide emergency medical transportation services to Medicaid beneficiaries. A. GENERAL PROVISIONS Per Senate Bill 2500, the General Appropriations Act of State Fiscal Year 2019-2020, passed by the 019 Florida Legislature, Indian River County Emergency Services District and the Agency agree that Indian River County Emergency Services District will remit IGT funds to the Agency in an amount not to exceed the total of $146,342.14. Indian River County Emergency Services District and the Agency have agreed that these IGT funds will only be used for the PEMT program. Indian River County Emergency Services District will return the signed LOA to the Agency. 3. Indian River County Emergency Services District will pay IGT funds to the Agency in an amount not to exceed the total of $146,342.14. Indian River County Emergency Services District will transfer payments to the Agency in the following manner: a. Per Florida Statute 409.908, annual payments for the months of July 019 thru June 020 are due to the Agency no later than October 31, 2019 unless an alternative plan is specifically approved by the agency. b. The Agency will bill Indian River County Emergency Services District when payment is due. 4. Indian River County Emergency Services District and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to health Indian River County Emergency Services District PEMT LOA_SFY 2019-20 212 services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS i. Indian River County Emergency Services District agrees to maintain books, records, and documents (including electronic storage media) pertinent to performance under this LOA in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. Indian River County Emergency Services District agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. iii. Indian River County Emergency Services District agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. RETENTION OF RECORDS The Indian River County Emergency Services District agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this LOA for a period of six (6) years after termination of this LOA, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. iii. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. MONITORING is Indian River County Emergency Services District agrees to permit persons duly authorized by the. Agency to inspect any records, papers, and documents of the Indian River County Emergency Services District which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS i. The Indian River County Emergency Services District agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agencyy of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. This LOA may only be amended upon writtenagreement signed by both parties. Indian River County Emergency Services District PEMT LOA_SFY 2019-20 213 The Indian River County Emergency Services District and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 6. Indian River County Emergency Services District confirms that there are no pre -arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re -direct any portion of these aforementioned supplemental payments in order to satisfy non -Medicaid, non -uninsured, and non -underinsured activities. 7. Indian River County Emergency Services District agrees the following provision shall be included in any agreements between Indian River County Emergency Services District and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program and used secondarily for other purposes. 8. This LOA covers the period of July 1, 2019 through June 30, 2020 and shall be terminated June 30, 2020. 9. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. PEMT Local Intergovernmental Transfers Program / Amount State Fiscal Year 2019-2020 Minimum Fee Schedule/MCO IGTs $146,342.14 Total Funding $146,342.14 IN WITNESS WHEREOF, the parties have caused this page Letter of Agreement to be executed by their undersigned officials as duly authorized. Indian River County Emergency Services District SIGNED BY: NAME: TITLE: DATE: STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED BY: NAME: TITLE: DATE: Indian River County Emergency Services District_PEMT LOA SFY 2019-20 214 Tad Stone From: Dylan Reingold Sent: Tuesday, December 03, 201910:53 AM To: 'Kristen.Johnson@ahca.myflorida.com' Cc: Steve Greer; Tad Stone Subject: PEMT LOA Kristen, Thank you for talking with me this morning about the proposed LOA. As we discussed, the Indian River County Emergency Services District will be sending roughly $146,000 to ARCA. ACHA will pool that money with the other IGTs that are submitted to AHCA. AHCA will then use that money as a match to obtain federal dollars. Then at the end of the day money will flow back to the various entities, including the Indian River County Emergency Services District, from the managed care entities. The concern I have is that none of this is spelled out in the LOA. All the LOA requires is that the Indian River County Emergency Services District submit the funds to ANCA and that the Indian River County Emergency Services District will have to comply with various legal requirements. However, the LOA contains no obligations on AHCA. Thus, the Indian River County Emergency Services District is not getting anything in return from AHCA under the LOA. I would recommend that at a minimum background recitals or whereas clauses be added that help explain the process and what the Indian River County Emergency Services District is getting in return for meeting its obligations. Without such language, the LOA is an agreement by the Indian River County Emergency Services District to perform actions, with no exchange, bargain or consideration from AHCA. I would welcome a conversation with an attorney in your office. Thank you! Dylan Reingold County Attorney Indian River County 215 12/6/2019 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2019 • I Go J The 2019 Florida Statutes Title XXX Chap er 409 View Entire Chapter SOCIAL WELFARE SOCIAL AND ECONOMIC ASSISTANCE 409.908 Reimbursement of Medicaid providers.—Subject to specific appropriations, the agency shall reimburse Medicaid providers, in accordance with state and federal taw, according to methodologies set forth in the rules of the agency and in policy manuals and handbooks incorporated by reference therein. These methodologies may include fee schedules, reimbursement methods based on cost reporting, negotiated fees, competitive bidding pursuant to s. 287.057. and other mechanisms the agency considers efficient and effective for purchasing services or goods on behalf of recipients. If a provider is reimbursed based on cost reporting and submits a cost report late and that cost report would have been used to set a lower reimbursement rate for a rate semester, then the provider's rate for that semester shall be retroactively calculated using the new cost report, and full payment at the recalculated rate shalt be effected retroactively. Medicare -granted extensions for filing cost reports, if applicable, shalt also apply to Medicaid cost reports. Payment for Medicaid compensable services made on behalf of Medicaid eligible persons is subject to the availability of moneys and any limitations or directions provided for in the General Appropriations Act or chapter 216. Further, nothing in this section shall be construed to prevent or limit the agency from adjusting fees, reimbursement rates, lengths of stay, number of visits, or number of services, or making any other adjustments necessary to comply with the availability of moneys and any limitations or directions provided for in the General Appropriations Act, provided the adjustment is consistent with legistative intent. (1) Reimbursement to hospitals licensed under part I of chapter 395 must be made prospectively or on the basis of negotiation. (a) Reimbursement for inpatient care is limited as provided in s. 409.905(5), except as otherwise provided in this subsection. 1. If authorized. by the General Appropriations Act, the agency may modify reimbursement for specific types of services or diagnoses, recipient ages, and hospital provider types. 2. The agency may establish an alternative methodology to the DRG -based prospective payment system to set reimbursement rates for: a. State-owned psychiatric hospitals. b. Newborn hearing screening services. c. Transplant services for which the agency has established a global fee. d. Recipients who have tuberculosis that is resistant to therapy who are in need of long-term, hospital-based treatment pursuant to s. 392.62. e. Class IIi psychiatric hospitals. 3. The agency shall modify reimbursement according to other methodologies recognized in the General Appropriations Act. The agency may receive funds from state entities, including, but not limited to, the Department of Health, local governments, and other local political subdivisions, for the purpose of making special exception payments, including federal matching funds, through the Medicaid inpatient reimbursement methodologies. Funds received for this purpose shall be separately accounted for and may not be commingled with other state or local funds in any manner. The agency may certify all local governmental funds used as state match under Title XIX of Wociat www.leg.state.fl.uslstatutesrindex.cfm?App_mode=Display_Statute&URL=0400-0499/0409/Sections/0409.908.html 1112 12/6/2019 Statutes & Constitution :View Statutes: Online Sunshine Security Act, to the extent and in the manner authorized under the General Appropriations Act and pursuant to an agreement between the agency and the local governmental entity. In order for the agency to certify such local governmental funds, a local governmental entity must submit a final, executed letter.of agreement to the agency, which must be received by October 1 of each fiscal year and provide the total amount of local governmental funds authorized by the entity for .that fiscal year under this paragraph, paragraph (b), or the General Appropriations Act. The local governmental entity shall use a certification form prescribed by the agency. At a minimum, the certification form must identify the amount being certified and describe the relationship between the certifying local governmental entity and the local health care provider. The agency shall prepare an annual statement of impact which documents the specific activities undertaken during the previous fiscal year pursuant to this paragraph, to be submitted to the Legislature annually by January 1. (b) Reimbursement for hospital outpatient care is limited to $1,500 per state fiscal year per recipient, except for: 1. Such care provided to a Medicaid recipient under age 21, in which case the only limitation is medical necessity. 2. Renal dialysis services. 3. Other exceptions made by the agency. The agency is authorized to receive funds from state entities, including, but not limited to, the Department of Health, the Board of Governors of the State University System, local governments, and other local political subdivisions, for the purpose of making payments, including federal matching funds, through the Medicaid outpatient reimbursement methodologies. Funds received from state entities and local governments for this purpose shall be separately accounted for and shalt not be commingled with other state or local funds in any manner. (c) The agency may receive intergovernmental transfers of funds from governmental entities, including, but not limited to, the Department of Health, local governments, and other local political subdivisions, for the advancement of the Medicaid program and for enhancing or supplementing provider reimbursement under this part and part IV. The agency shall seek and maintain a low-income pool in a manner authorized by federal waiver and implemented under spending authority granted in the General Appropriations Act. The low-income pool must be used to support enhanced access to services by offsetting shortfalls in Medicaid reimbursement or paying for otherwise uncompensated care, and the agency shall seek waiver authority to encourage the donation of intergovernmental transfers and to utilize intergovernmental transfers as the state's share of Medicaid funding within the low-income pool. (d) Hospitals that provide services to a disproportionate share of tow -income Medicaid recipients, or that participate in the regional perinatal intensive care center program under chapter 383, or that participate in the statutory teaching hospital disproportionate share program may receive additional reimbursement. The total amount of payment for disproportionate share hospitals shall be fixed by the General Appropriations Act. The computation of these payments must be made in compliance with all federal regulations and the methodologies described in ss. 409.911 and 409.9113. (e) The agency is authorized to limit inflationary increases for outpatient hospital services as directed by the General Appropriations Act. (f)1. Pursuant to chapter 120, the agency shalt furnish to providers written notice of the audited hospital cost - based per diem reimbursement rate for inpatient and outpatient care established by the agency. The written notice constitutes final agency action. A substantially affected provider seeking to correct or adjust the calculation of the audited hospital cost -based per diem reimbursement rate for inpatient and outpatient care, other than a challenge to the methodologies set forth in the rules of the agency and in reimbursement plans incorporated by reference therein used to calculate the reimbursement rate for inpatient and outpatient care, may request an administrative hearing to challenge the final agency action by filing a petition with the agency within 180 days after receipt of the written notice by the provider. The petition must include all documentation supporting the challenge upon which the provider intends to rely at the administrative hearing and may not be amended ;l% www.leg.state.fl.uslstatutesCndex.cfm?App_mode=Display_Statute&URL=0400-0499/0409/Sections/0409.908.html 2112 12!6!2019 Statutes & Constitution :View Statutes : Online Sunshine supplemented except as authorized under uniform rules adopted pursuant to s. 120.54(5). The failure to timely file a petition in compliance with this subparagraph is deemed conclusive acceptance of the audited hospital cost - based per diem reimbursement rate for inpatient and outpatient care established by the agency. 2. Any challenge to the methodologies set forth in the rules of the agency and in reimbursement plans incorporated by reference therein used to calculate the reimbursement rate for inpatient and outpatient care may not result in a correction or an adjustment of a reimbursement rate for a rate period that occurred more than 5 years before the date the petition initiating the proceeding was filed. 3. This paragraph applies to any challenge to final agency action which seeks the correction or adjustment of a provider's audited hospital cost -based per diem reimbursement rate for inpatient and outpatient care and to any challenge to the methodologies set forth in the rules of the agency and in reimbursement plans incorporated by reference therein used to calculate the reimbursement rate for inpatient and outpatient care, including any right to challenge which arose before July 1, 2015. A correction or adjustment of an audited hospital cost -based per diem reimbursement rate for inpatient and outpatient care which is required by an administrative order or appellate decision: a. Must be reconciled in the first rate period after the order or decision becomes final. b. May not be the basis for any challenge to correct or adjust hospital rates required to be paid by any Medicaid managed care provider pursuant to part IV of this chapter. 4. The agency may not be compelled by an administrative body or a court to pay additional compensation to a hospital relating to the establishment of audited hospital cost -based per diem reimbursement rates by the agency or for remedies relating to such rates, unless an appropriation has been made by law for the exclusive, specific purpose of paying such additional compensation. As used in this subparagraph, the term "appropriation made by Law" has the same meaning as provided in s. 11.066. 5. Any period of time specified in this paragraph is not totted by the pendency of any administrative or appellate proceeding. 6. The exclusive means to chattenge a written notice of an audited hospital cost -based per diem reimbursement rate for inpatient and outpatient care for the purpose of correcting or adjusting such rate before, on, or after July 1, 2015, or to challenge the methodologies set forth in the rules of the agency and in reimbursement plans incorporated by reference therein used to calculate the reimbursement rate for inpatient and outpatient care is through an administrative proceeding pursuant to chapter 120. 1(2)(a)l . Reimbursement to nursing homes licensed under part II of chapter 400 and state -owned -and -operated intermediate care facilities for the developmentally disabled licensed under part Vill of chapter 400 must be made prospectively. 2. Unless otherwise limited or directed in the General Appropriations Act, reimbursement to hospitals licensed under part i of chapter 395 for the provision of swing -bed nursing home services must be made on the basis of the average statewide nursing home payment, and reimbursement to a hospital licensed under part I of chapter 395 for the provision of skilled nursing services must be made on the basis of the average nursing home payment for those services in the county in which the hospital is located. When a hospital is located in a county that does not have any community nursing homes, reimbursement shall be determined by averaging the nursing home payments in counties that surround the county in which the hospital is located. Reimbursement to hospitals, including Medicaid payment of Medicare copayments, for skitted nursing services shalt be limited to 30 days, unless a prior authorization has been obtained from the agency. Medicaid reimbursement may be extended by the agency beyond 30 days, and approval must be based upon verification by the patient's physician that the patient requires short- term rehabilitative and recuperative services only, in which case an extension of no more than 15 days may be approved. Reimbursement to a hospital licensed under part I of chapter 395 for the temporary provision of skilled nursing services to nursing home residents who have been displaced as the result of a natural disaster or other emergency may not exceed the average county nursing home payment for those services in the county in which the hospital is located and is limited to the period of time which the agency considers necessary for continued placement of the nursing home residents in the hospital. 218 www.leg.state.fl.us/statutesAndex.cfm?App_mode=Display_Statute&URL=0400-0499!0409/Sections/0409.908.html 3/12 12/6/2019 Statutes & Constitution :View Statutes : Online Sunshine (b) Subject to any limitations or directions in the General Appropriations Act, the agency shalt establish and implement a state Title XiX Long -Term Care Reimbursement Plan for nursing home care in order to provide care and services in conformance with the applicable state and federal laws, rules, regulations, and quatity and.safety standards and to ensure that individuals eligible for medical assistance have reasonable geographic access to such care. 1. The agency shall amend the long-term care reimbursement plan and cost reporting system to create direct care and indirect care subcomponents of the patient care component of the per diem rate. These two subcomponents, together shalt equal the patient care component of the per diem rate. Separate prices shalt be calculated for each patient care subcomponent, initially based on the September 2016 rate setting cost reports and subsequently based on the most recently audited cost report used during a rebasing year. The direct care subcomponent of the per diem rate for any providers still being reimbursed on a cost basis shalt be limited by the cost -based class ceiling, and the indirect care subcomponent may be limited by the tower of the cost -based class ceiling, the target rate class ceiling, or the individual provider target. The ceilings and targets apply only to providers being reimbursed on a cost -based system. Effective October 1, 2018, a prospective payment methodology shalt be implemented for rate setting purposes with the following parameters: a. Peer Groups, including: (1) North-SMMC Regions 1-9, less Palm Beach and Okeechobee Counties; and (11) South-SMMC Regions 10-11, plus Palm Beach and Okeechobee Counties. b. Percentage of Median Costs based on the cost reports used for September 2016 rate setting: (1) Direct Care Costs, . . . . . . . . . 100 percent. (11) Indirect Care Costs. . . . . . . , , . 92 percent. (111) Operating Costs. . . . . . . . . . 86 percent. c. Ftoors: (1) Direct Care Component. . , . . . . . . 95 percent. (II) Indirect Care Component. . . . . . . . . . 92.5 percent. (Ili) Operating Component. . . . , . . . . None. d. Pass-through Payments. . . . . . . . . . Real Estate and Personal Property Taxes and Property Insurance. e. Quality Incentive Program Payment Pool. . . . . . . . . . 6.5 percent of September 2016 non -property related payments of included facilities. f, Quatity Score Threshold to Quality for Quatity Incentive Payment. . . . . . . . . . 20th percentite of included facilities. g. Fair Rental Value System. Payment Parameters: (1) Building Value per Square Foot based on 2018 RS Means. (II) Land Valuation. . . . . . . . . . 10 percent of Gross Building value. (111) Facility Square Footage. . . . , . . . . . Actual Square Footage. (IV) Moveable Equipment Allowance. . . . . . . . $8,000 per bed. (V) Obsolescence Factor. . . . . . . . . , 1.5 percent. (Vi) Fair Rentat Rate of Return. . . . . . . . . 8 percent. (VII) Minimum Occupancy. . . . . . . . . 90 percent. (VIII) Maximum Facility Age. . . . . . . . . . 40 years. (iX) Minimum Square Footage per Bed. . . . . . . . . . 350. (X) Maximum Square Footage for Bed. 500. (XI) Minimum Cost of a renovation/replacements. . . . . . . . $500 per bed, h. Ventilator Supplemental payment of $200 per Medicaid day of 40,000 ventilator Medicaid days per fiscal year. 219 www.leg.state.fl.us/statutes%index.cfm?App_mode=Display_Statute&URL=0400-0499/0409/Sections/0409.908.html 4112 12/6/2019 Statutes & Constitution :View Statutes : Online Sunshine 2. The direct care subcomponent shalt include salaries and benefits of direct care staff providing nursing services including registered nurses, licensed practical nurses, and certified nursing assistants who deliver care directly to residents in the nursing home facility, allowable therapy costs, and dietary costs. This excludes nursing administration, staff development, the staffing coordinator, and the administrative portion of the minimum data set and care plan coordinators. The direct care subcomponent also includes medically necessary dental care, vision care, hearing care, and podiatric care. 3. All other patient care costs shalt be included in the indirect care cost subcomponent of the patient care per diem rate, including complex medical equipment, medical supplies, and other allowable ancillary costs. Costs may not be allocated directly or indirectly to the direct care subcomponent from a home office or management company. 4. On Juty 1 of each year, the agency shall report to the Legislature direct and indirect care costs, including average direct and indirect care costs per resident per facility and direct care and indirect care salaries and benefits per category of staff member per facility. 5. Every fourth year, the agency shalt rebase nursing home prospective payment rates to reflect changes in cost based on the most recently audited cost report for each participating provider. 6. A direct care supplemental payment may be made to providers whose direct care hours per patient day are above the 80th percentile and who provide Medicaid services to a larger percentage of Medicaid patients than the state average. 7. For the period beginning on October 1, 2018, and ending on September 30, 2021, the agency shalt reimburse providers the greater of their September 2016 cost -based rate or their prospective payment rate. Effective October 1, 2021, the agency shall reimburse providers the greater of 95 percent of their cost -based rate or their rebased prospective payment rate, using the most recently audited cost report for each facility. This subparagraph shalt expire September 30, 2023. 8. Pediatric, Florida Department of Veterans Affairs, and government-owned facilities are exempt from the pricing model established in this subsection and shalt remain on a cost -based prospective payment system. Effective October 1, 2018, the agency shalt set rates for all facilities remaining on a cost -based prospective payment system using each facility's most recently audited cost report, eliminating retroactive settlements. It is the intent of the Legislature that the reimbursement plan achieve the goal of providing access to health care for nursing home residents who require large amounts of care white encouraging diversion services as an alternative to nursing home care for residents who can be served within the community. The agency shall base the establishment of any maximum rate of payment, whether overall or component, on the available moneys as provided for in the General Appropriations Act. The agency may base the maximum rate of payment on the results of scientifically valid analysis and conclusions derived from objective statistical data pertinent to the particular maximum rate of payment. (3) Subject to any limitations or directions provided for in the General Appropriations Act, the following Medicaid services and goods may be reimbursed on a fee-for-service basis. For each allowable service or goods furnished in accordance with Medicaid rules, policy manuals, handbooks, and state and federat taw, the payment shalt be the amount bitted by the provider, the provider's usual and customary charge, or the maximum attowabte fee established by the agency, whichever amount is less, with the exception of those services or goods for which the agency makes payment using a methodology based on capitation rates, average costs, or negotiated fees. (a) Advanced practice registered nurse services. (b) Birth center services. (c) Chiropractic services. (d) Community mental health services. (e) Dental services, including oral and .maxillofacial surgery. (f) Durable medical equipment. (g) Hearing services. (h) Occupational therapy for Medicaid recipients under age 21. 220 www.leg.state:fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-049910409/Sections/0409.908.html 5/12 1216!2019 Statutes & Constitution :View Statutes : Online Sunshine (i) Optometric services. (j) Orthodontic services. (k) Personal care for Medicaid recipients under age .21. (t) Physical therapy for Medicaid recipients under age 21. (m) Physician assistant services. (n) Podiatric services. (o) Portable X-ray services. (p) Private -duty nursing for Medicaid recipients under age 21 (q) Registered nurse first assistant services. (r) Respiratory therapy for Medicaid recipients under age 21. (s) Speech therapy for Medicaid recipients under age 21. (t) Visual services. (4) Subject to any limitations or directions provided for in the General Appropriations Act, alternative health plans, health maintenance organizations, and prepaid health plans shalt be reimbursed a fixed, prepaid amount negotiated, or competitively bid pursuant to s. 287.057, by the agency and prospectively paid to the provider monthly for each Medicaid recipient enrolled. The amount may not exceed the average amount the agency determines it would have paid, based on claims experience, for recipients in the same or similar category of eligibility. The agency shalt calculate capitation rates on a regional basis and, beginning September 1, 1995, shalt include age -band differentials in such calculations. (5) Effective July 1, 2017, an ambulatory surgical center shalt be reimbursed pursuant to a prospective payment methodology. The agency shalt implement a prospective payment methodology for establishing reimbursement rates for ambulatory surgical centers. Rates shalt be calculated annually and take effect July 1, 2017, and on July 1 each year thereafter. The methodology shall categorize the amount and type of services used in various ambulatory visits which group together procedures and medical visits that share similar characteristics and resource utilization. (6) A provider of early and periodic screening, diagnosis, and treatment services to Medicaid recipients who are children under age 21 shalt be reimbursed using an all-inclusive rate stipulated in a fee schedule established by the agency. A provider of the visual, dental, and hearing components of such services shalt be reimbursed the lesser of the amount billed by the provider or the Medicaid maximum allowable fee established by the agency. (7) A provider of family planning services shalt be reimbursed the lesser of the amount billed by the provider or an all-inclusive amount per type of visit for physicians and advanced practice registered nurses, as established by the agency in a fee schedule. (8) A provider of home-based or community-based services rendered pursuant to a federally approved waiver shall be reimbursed based on an established or negotiated rate for each service. These rates shalt be established according to an analysis of the expenditure history and prospective budget developed by each contract provider participating in the waiver program, or under any other methodology adopted by the agency and approved by the Federal Government in accordance with the waiver. Privately owned and operated community-based residential facilities which meet agency requirements and which formerly received Medicaid reimbursement for the optional intermediate care facility for the intellectually disabled service may participate in the developmental services waiver as part of a home -and -community-based continuum of care for Medicaid recipients who receive waiver services. (9) A provider of home health care services or of medical supplies and appliances shalt be reimbursed on the basis of competitive bidding or for the lesser of the amount billed by the provider or the agency's established maximum allowable amount, except that, in the case of the rental of durable medical equipment, the total rental payments may not exceed the purchase price of the equipment over its expected useful life or the agency's established maximum allowable amount, whichever amount is less. (10) A hospice shall be reimbursed through a prospective system for each Medicaid hospice patient at Medicaid rates using the methodology established for hospice reimbursement pursuant to Title XVIII of the federal SOIN Security Act. www.leg.state.fl.us/statutes/index.cfm?App mode=Display_Statute&URL=0400-049910409/Sections/0409.908.html 6112 12/6/2019 Statutes & Constitution :View Statutes : Online Sunshine (11) A provider of independent laboratory services shalt be reimbursed on the basis of competitive bidding or for the least of the amount billed by the provider, the provider's usual and customary charge, or the Medicaid maximum allowable fee established by the agency. (12)(a) A physician shall be reimbursed the lesser of the amount billed by the provider or the Medicaid maximum allowable fee established by the agency. (b) The agency shalt adopt a fee schedule, subject to any limitations or directions provided for in the Genera( Appropriations Act, based on a resource-based relative value scale for pricing Medicaid physician services. Under this fee schedule, physicians shat( be paid a dollar amount for each service based on the average resources required to provide the service, including, but not limited to, estimates of average physician time and effort, practice expense, and the costs of professional liability insurance. The fee schedule shall provide increased reimbursement for preventive and primary care services and towered reimbursement for specialty services by using at least two conversion factors, one for cognitive services and another for procedural services. The fee schedule shalt not increase total Medicaid physician expenditures unless moneys are available. The Agency for Health Care Administration shall seek the advice of a 16-member advisory panel in formulating and adopting the fee schedule. The panel shalt consist of Medicaid physicians licensed under chapters 458 and 459 and shalt be composed of 50 percent primary care physicians and 50 percent specialty care physicians. (c) Notwithstanding paragraph (b), reimbursement fees to physicians for providing total obstetrical services to Medicaid recipients, which include prenatal, delivery, and postpartum care, shalt be at least $1,500 per delivery for a pregnant woman with low medical risk and at least $2,000 per delivery for a pregnant woman with high medical risk. However, reimbursement to physicians working in Regional Perinatal Intensive Care Centers designated pursuant to chapter 383, for services to certain pregnant Medicaid recipients with a high medical risk, may be made according to obstetrical care and neonatal care groupings and rates established by the agency. Nurse midwives licensed under part I of chapter 464 or midwives licensed under chapter 467 shall be reimbursed at no less than 80 percent of the tow medical risk fee. The agency shalt by rule determine, for the purpose of this paragraph, what constitutes a high or low medical risk pregnant woman and shalt not pay more based solely on the fact that a caesarean section was performed, rather than a vaginal delivery. The agency shalt by rule determine a prorated payment for obstetrical services in cases where only part of the total prenatal, delivery, or postpartum care was performed. The Department of Health shalt adopt rules for appropriate insurance coverage for midwives licensed under chapter 467. Prior to the issuance and renewal of an active license, or reactivation of an inactive license for midwives licensed under chapter 467, such licensees shalt submit proof of coverage with each application. (13) Medicare premiums for persons eligible for both Medicare and Medicaid coverage shall be paid at the rates established by Title XVIII of the Social Security Act. For Medicare services rendered to Medicaid-eligible persons, Medicaid shalt pay Medicare deductibles and coinsurance as follows: (a) Medicaid's financial obligation for deductibles and coinsurance payments shall be based on Medicare allowable fees, not on a provider's billed charges. (b) Medicaid will pay no portion of Medicare deductibles and coinsurance when payment that Medicare has made for the service equals or exceeds what Medicaid would have paid if it had been the sole payor. The combined payment of Medicare and Medicaid shalt not exceed the amount Medicaid would have paid had it been the sole payor. The Legislature finds that there has been confusion regarding the reimbursement for services rendered to dually eligible Medicare beneficiaries. Accordingly, the Legislature clarifies that it has always been the intent of the Legislature before and after 1991 that, in reimbursing in accordance with fees established by Title XVIII for premiums, deductibles, and coinsurance for Medicare services rendered by physicians to Medicaid eligible persons, physicians be reimbursed at the lesser of the amount billed by the physician or the Medicaid maximum allowable fee established by the Agency for Health Care Administration, as is permitted by federal law. it has never been the intent of the Legislature with regard to such services rendered by physicians that Medicaid be required to provide any payment for deductibles, coinsurance, or copayments for Medicare cost sharing, or any expenses incurred relating thereto, in excess of the payment amount provided for under the State Medicaid plan for such ser!12 This payment methodology is applicable even in those situations in which the payment for Medicare cost sharing www.leg,state.fl.us/statutesrindex.cfm?App_mode=Display_Statute&URL=0400-0499/0409/Sections/0409.908.html 7/12 12/6/2019 Statutes & Constitution :View Statutes : Online Sunshine for a qualified Medicare beneficiary with respect to an item or service is reduced or eliminated. This expression of the Legislature is in clarification of existing law and shalt apply to payment for, and with respect to provider agreements with respect to, items or services furnished on or after the effective date of this act. This paragraph applies to payment by Medicaid for items and services furnished. before the effective date of this act if such payment is the subject of a lawsuit that is based on the provisions of this section, and that is pending as of, or is initiated after, the effective date of this act. (c) Notwithstanding paragraphs (a) and (b): 1. Medicaid payments for Nursing Home Medicare part A coinsurance are limited to the Medicaid nursing home per diem rate less any amounts paid by Medicare, but only up to the amount of Medicare coinsurance. The Medicaid per diem rate shall be the rate in effect for the dates of service of the crossover claims and may not be subsequently adjusted due to subsequent per diem rate adjustments. 2. Medicaid shall pay all deductibles and coinsurance for Medicare -eligible recipients receiving freestanding end stage renal dialysis center services. 3. Medicaid payments for general and specialty hospital inpatient services are limited to the Medicare deductible and coinsurance per spell of illness. Medicaid payments for hospital Medicare Part A coinsurance shall be limited to the Medicaid hospital per diem rate less any amounts paid by Medicare, but only up to the amount of Medicare coinsurance. Medicaid payments for coinsurance shalt be limited to the Medicaid per diem rate in effect for the dates of service of the crossover claims and may not be subsequently adjusted due to subsequent per diem adjustments. 4. Medicaid shalt pay all deductibles and coinsurance for Medicare emergency transportation services provided by ambulances licensed pursuant to chapter 401. 5. Medicaid shalt pay at( deductibles and coinsurance for portable X-ray Medicare Part B services provided in a nursing home, in an assisted living facility, or in the patient's home. (14) A provider of prescribed drugs shall be reimbursed the least of the amount bitted by the provider, the provider's usual and customary charge, or the Medicaid maximum allowable fee established by the agency, plus a dispensing fee. The Medicaid maximum allowable fee for ingredient cost must be based on the lowest of: the average wholesale price (AWP) minus 16.4 percent, the wholesaler acquisition cost (WAC) plus 1.5 percent, the federal upper limit (FUL), the state maximum allowable cost (SMAC), or the usual and customary (UAC) charge bitted by the provider. (a) Medicaid providers must dispense generic drugs if available at tower cost and the agency has not determined that the branded product is more cost-effective, unless the prescriber has requested and received approval to require the branded product. (b) The agency shall implement a variable dispensing fee for prescribed medicines white ensuring continued access for Medicaid recipients. The variable dispensing fee may be based upon, but not limited to, either or both the volume of prescriptions dispensed by a specific pharmacy provider, the volume of prescriptions dispensed to an Individual recipient, and dispensing of preferred -drug -list products. (c) The agency may increase the pharmacy dispensing fee authorized by statute and in the General Appropriations Act by $0.50 for the dispensing of a Medicaid preferred -drug -list product and reduce the pharmacy dispensing fee by $0.50 for the dispensing of a Medicaid product that is not included on the preferred drug list. (d) The agency may establish a supplemental pharmaceutical dispensing fee to be paid to providers returning unused unit -dose packaged medications to stock and crediting the Medicaid program for the ingredient cost of those medications if the ingredient costs to be credited exceed the value of the supplemental dispensing fee. (e) The agency may limit reimbursement for prescribed medicine in order to comply with any limitations or directions provided in the General Appropriations Act, which may include implementing a prospective or concurrent utilization review program. (15) A provider of primary care case management services rendered pursuant to a federally approved waiver shalt be reimbursed by payment of a fixed, prepaid monthly sum for each Medicaid recipient enrolled with the provider. 223 www.leg.state.fl.uslstatutesrindex.cfm?App_mode=Display_Statute&URL=0400-0499/0409/Sections/0409.908.html 8/12 12/6/2019 Statutes & Constitution :View Statutes : Online Sunshine (16) A provider of rural health clinic services and federally qualified health center services shall be reimbursed a rate per visit based on total reasonable costs of the clinic, as determined by the agency in accordance with federal regulations. (17) A provider of targeted case management services shall be reimbursed pursuant to an established fee, except where the Federal Government requires a public provider be reimbursed on the basis of average actual costs. (18) Unless otherwise provided for in the General Appropriations Act, a provider of transportation services shall be reimbursed the lesser of the amount bitted by the provider or the Medicaid maximum allowable fee established by the agency, except when the agency has entered into a direct contract with the provider, or with a community transportation coordinator, for the provision of an all-inclusive service, or when services are provided pursuant to an agreement negotiated between the agency and the provider. The agency, as provided for in s.,427.0135, shall purchase transportation services through the community coordinated transportation system, if available, unless the agency, after consultation with the commission, determines that it cannot reach mutually acceptable contract terms with the commission. The agency may then contract for the same transportation services provided in a more cost-effective manner and of comparable or higher quality and standards. Nothing in this subsection shalt be construed to limit or preclude the agency from contracting for services using a prepaid capitation rate or from establishing maximum fee schedules, individualized reimbursement policies by provider type, negotiated fees, prior authorization, competitive bidding, increased use of mass transit, or any other mechanism that the agency considers efficient and effective for the purchase of services on behalf of Medicaid clients, including implementing a transportation eligibility process. The agency shall not be required to contract with any community transportation coordinator or transportation operator that has been determined by the agency, the Department of Legal Affairs Medicaid Fraud Control Unit, or any other state or federal agency to have engaged in any abusive or fraudulent bitting activities. The agency is authorized to competitively procure transportation services or make other changes necessary to secure approval of federal waivers needed to permit federal financing of Medicaid transportation services at the service matching rate rather than the administrative matching rate. Notwithstanding chapter 427, the agency is authorized to continue contracting for Medicaid nonemergency transportation services in agency service area 11 with managed care plans that were under contract for those services before July 1, 2004. (19) County health department services shalt be reimbursed a rate per visit based on total reasonable costs of the clinic, as determined by the agency in accordance with federal regulations under the authority of 42 C.F.R. s. 431.615. (20) A renal dialysis facility that provides dialysis services under s. 409.906(9) must be reimbursed the lesser of the amount bitted by the provider, the provider's usual and customary charge, or the maximum allowable fee established by the agency, whichever amount is less. (21) The agency shall reimburse school districts which certify the state match pursuant to ss. 409.9071 and 1011.70 for the federal portion of the school district's:attowable costs to deliver the services, based on the reimbursement schedule. The school district shall determine the costs for delivering services as authorized in ss. 409.9071 and 1011.70 for which the state match will be certified. Reimbursement of school-based providers is contingent on such providers being enrolled as Medicaid providers and meeting the qualifications contained in 42 G.F.R. s. 440.110, unless otherwise waived by the federal Health Care Financing Administration. Speech therapy providers who are certified through the Department of Education pursuant to rule 6A-4.0176, Florida Administrative Code, are eligible for reimbursement for services that are provided on school ,premises. Any employee of the school district who has been fingerprinted and has received a criminal background check in accordance with Department of Education rules and guidelines shall be exempt from any agency requirements relating to criminat background checks. (22) The agency shalt request and implement Medicaid waivers from the federal Health Care Financing Administration to advance and treat a portion of the Medicaid nursing home per diem as capital for creating and operating a risk -retention group for self-insurance purposes, consistent with federal and state laws and rules. 2(23)(a) The agency shalt establish rates at a level that ensures no increase in statewide expenditures jiy4tting from a change in unit costs for county health departments effective July 1, 2011. Reimbursement rates shalt be as www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0409/Sections/0409.908.html 9/12 12/6/2019 Statutes & Constitution :View Statutes : Online Sunshine provided in the General Appropriations Act. (b}1. Base rate reimbursement for inpatient services under a diagnosis-related group payment methodology shall be provided in the General Appropriations Act. 2. Base rate reimbursement for outpatient services under an enhanced ambulatory payment group methodology shalt be provided in the General Appropriations Act. 3. Prospective payment system reimbursement for nursing home services shall be as provided in subsection (2) and in the General Appropriations Act. (24) If a provider faits to notify the agency within 5 business days after suspension or disenrotlment from Medicare, sanctions may be imposed pursuant to this chapter, and the provider may be required to return funds paid to the provider during the period of time that the provider was suspended or disenrolled as a Medicare provider. (25) In accordance with 42 C.F.R. s. 433.318(d), the agency may certify that a Medicaid provider is out of business and that any overpayments made to the provider cannot be collected under state law and procedures. 3(26) The agency may receive funds from state entities, including, but not limited to, the Department of Health, local governments, and other local political subdivisions, for the purpose of making speciat exception payments and Low Income Pool Program payments, including federal matching funds. Funds received for this purpose shall be separately accounted for and may not be commingled with other state or local funds in any manner. The agency may certify alt local governmental funds used as state match under Title XIX of the Social Security Act to the extent and in the manner authorized under the General Appropriations Act and pursuant to an agreement between the agency and the local governmental entity. In order for the agency to certify such local governmental funds, a local governmental entity must submit a final, executed letter of agreement to the agency, which must be received by October 1 of each fiscal year and provide the total amount of local governmental funds authorized by the entity for that fiscal year under the General Appropriations Act. The local governmental entity shalt use a certification form prescribed by the agency. At a minimum, the certification form must identify the amount being certified and describe the relationship between the certifying local governmental entity and the local health care provider. Local governmental funds outlined in the letters of agreement must be received by the agency no later than October 31 of each fiscal year in which such funds are pledged, unless an alternative plan is specifically approved by the agency. History. -s. 37, ch. 91.282; s. 17, ch. 92-179; s. 1, ch. 92-311; s. 47, ch. 93-129; s. 28, ch. 93-211; s. 2, ch. 94-299; s. 4, ch. 94-317; s. 2, ch. 95.291; s. 3, ch. 95-336; s. 5, ch. 95-393; s. 6, ch. 96-417; s. 3, ch. 97.168; s. 65, ch. 97-237; s. 1, ch. 97-243; s. 11, ch. 97-260; ss. 14, 19, ch. 97.263; s. 4, ch. 97-309; ss. 13, 38, ch. 98-46; s. 236, ch. 98-166; s. 28, ch. 98-191; ss. 17, 30, ch. 2000-163; s. 19, ch. 2000- 209; s. 54, ch. 2000-256; s. 110, ch. 2000-318; s. 49, ch. 2001-45; s. 51, ch. 2001-62; s. 5, ch. 2001-104; s. 4, ch. 2001-222; s. 7, ch. 2001- 377; s. 16, ch. 2002-223; s. 996, ch. 2002-387; s. 22, ch. 2002-400; s. 11, ch. 2003-405; s. 53, ch. 2004-5; s. 12, ch. 2004-270; s. 21, ch. 2004-344; s. 68, ch. 2005-2; s. 9, ch. 2005-60; s. 17, ch. 2005-133; s. 13, ch. 2006-28; s. 53, ch. 2006-227; s. 96, ch. 2007-5; s. 50, ch. 2007-217; s. 3, ch. 2007-331; s. 5, ch. 2008-143; s. 1, ch. 2008-203; s. 93, ch. 2010-5; s. 7, ch. 2010-156; s. 5, ch. 2011-61; s. 12, ch. 2011- 135; s. 6, ch. 2012-33; s. 4, ch. 2013-48; s. 14, ch. 2013-162; ss. 2, 6, ch. 2015.225; s. 19, ch. 2016-65; s. 1, ch. 2016.103; ss. 8, 9, ch. 2017-129; ss. 17, 18, 19, ch. 2018-10; s. 39, ch. 2018-106; ss. 16, 17, 18, 19, 20, 21, ch. 2019-116. 1 Note. - A. Section 16, ch. 2019-116, amended subsection (2) "[i]n order to implement Specific Appropriations 221 and 222 of the 2019-2020 General Appropriations Act." B. Section 17, ch. 2019-116, provides that "[t]he amendment made by this act to s. 409.908(2), Florida Statutes, by this act expires July 1, 2020, and the text of that subsection shall revert to that in existence on July 1, 2019, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section." Effective July 1, 2020, subsection (2), as amended by s. 17, ch. 2019-116, will read: (2)(a)1. Reimbursement to nursing homes licensed under part 11 of chapter 400 and state -owned -and -operated intermediate care facilities for the developmentally disabled licensed under part Vill of chapter 400 must be made prospectively. 2. Unless otherwise limited or directed in the General Appropriations Act, reimbursement to hospitals licensed under part I of chapter 395 for the provision of swing -bed nursing home services must be made on the basis of the average statewide nursing home payment, and reimbursement to a hospital licensed under part I of chapter 395 for the provision of skilled nursing services must be made on the basis of the average nursing home payment for those services in the county in which the hospital is located. When a hospital is located in a county that does not have any community nursing homes, reimbursement shall be determined by averaging the nursing home payments in counties that surround the county in which the hospital is located. Reimbursement to hospitals, including Medicaid payment jf5dicare copayments, for skilled nursing services shall be limited to 30 days, unless a prior authorization has been obtained from {fie agency. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0409/Sections/0409.908.html 10/12 12/6/2019 Statutes & Constitution :View Statutes : Online Sunshine Medicaid reimbursement may be extended by the agency beyond 30 days, and approval must be based upon verification by the patient's physician that the patient requires short-term rehabilitative and recuperative services only, in which case an extension of no more than 15 days may be approved. Reimbursement to a hospital licensed under part I of chapter 395 for the temporary provision of skilled nursing services to nursing home residents who have been displaced as the result of a natural disaster or other emergency may not exceed the average county nursing home payment for those services in the county in which the hospital is located and is limited to the period of time which the agency considers necessary for continued placement of the nursing home residents in the hospital. (b) Subject to any limitations or directions in the General Appropriations Act, the agency shalt establish and implement a state Title XIX tong -Term Care Reimbursement Pian for nursing home care in order to provide care and services in conformance with the applicabie state and federal laws, rules, regulations, and quality and safety standards and to ensure that individuals eligible for medical assistance have reasonable geographic access to such care. 1. The agency shalt amend the long-term care reimbursement plan and cost reporting system to create direct care and indirect care subcomponents of the patient care component of the per diem rate. These two subcomponents together shall equal the patient care component of the per diem rate. Separate prices shall be calculated for each patient care subcomponent, initially based on the September 2016 rate setting cost reports and subsequently based on the most recently audited cost report used during a rebasing year. The direct care subcomponent of the per diem rate for any providers still being reimbursed on a cost basis shall be limited by the cost -based class ceiling, and the indirect care subcomponent may be limited by the lower of the cost -based class ceiling, the target rate class ceiling, or the individual provider target. The ceilings and targets apply only to providers being reimbursed on a cost -based system. Effective October 1, 2018, a prospective payment methodology shalt be implemented for rate setting purposes with the following parameters: a. Peer Groups, inctuding: (1) North-SMMC Regions 1-9, less Palm Beach and Okeechobee Counties; and (11) South-SMMC Regions 10-11, plus Palm Beach and Okeechobee Counties. b. Percentage of Median Costs based on the cost reports used for September 2016 rate setting: (1) Direct Care Costs. . . . . . . . . . 100 percent. (11) Indirect Care Costs. . . . . . . . . . 92 percent. (III) Operating Costs. . . . . . . . . . 86 percent. c. Floors: (1) Direct Care Component. . . . . . . . . . 95 percent. (II) Indirect Care Component. . . . . . . . . . 92.5 percent. (III) Operating Component. . . . . . . . . . None. d. Pass-through Payments. . . . . . . . . . Real Estate and Personal Property Taxes and Property Insurance. e. Quality Incentive Program Payment Pool. . . . . . . . . 6 percent of September 2016 non -property related payments of included facilities. f. Quality Score Threshold to Quality for Quality Incentive Payment. . . . . . . . . . 20th percentile of included facilities. g. Fair Rentat Value System Payment Parameters: (1) Building Value per Square Foot based on 2018 RS Means. (11) Land Valuation. . . . . . . . . . 10 percent of Gross Building value. (111) Facility Square Footage. . . . . . . . . . Actual Square Footage. (IV) Moveable Equipment Allowance. . . . . . . . . . $8,000 per bed. (V) Obsolescence Factor. . . . . . . . . . 1.5 percent. (Vi) Fair Rental Rate of Return. . . . . . . . . . 8 percent. (VII) Minimum Occupancy. . . . . . . . . 90 percent. (Vill) Maximum Facility Age. . . . . . . . . . 40 years. (IX) Minimum Square Footage per Bed. . . . . . . . . . 350. (X) Maximum Square Footage for Bed. . . . . . . . . . 500. (XI) Minimum Cost of a renovation/replacements. . . . . . . . . . $500 per bed. h. Ventilator Supplemental payment of $200 per Medicaid day of 40,000 ventilator Medicaid days per fiscal year. 2. The direct care subcomponent shall include salaries and benefits of direct care staff providing nursing services including registered nurses, licensed practical nurses, and certified nursing assistants who deliver care directly to residents in the nursing home facility, attowable therapy costs, and dietary costs. This excludes nursing administration, staff development, the staffing coordinator, and the administrative portion of the minimum data set and care plan coordinators. The direct care subcomponent also includes medically necessary dental care, vision care, hearing care, and podiatric care. 3. Alt other patient care costs shall be included in the indirect care cost subcomponent of the patient care per diem rate, including complex medical equipment, medical supplies, and other attowable ancillary costs. Costs may not be allocated directly or indirectly to the direct care subcomponent from a home office or management company. 4. On Juty 1 of each year, the agency shalt report to the Legislature direct and indirect care costs, including average direct and indirect care costs per resident per facility and direct care and indirect care salaries and benefits per category of staff member per facility. 5. Every fourth year, the agency shalt rebase nursing home prospective payment rates to reflect changes in cost based on the most recently audited cost report for each participating provider. 226 www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0409/Sections/0409.908.html 11/12 12(612019 Statutes & Constitution :View Statutes: Online Sunshine 6. A direct care supplemental payment may be made to providers whose direct care hours per patient day are above the 80th percentile and who provide Medicaid services to a larger percentage of Medicaid patients than the state average. 7. For the period beginning on October 1, 2018, and ending on September 30, 2021, the agency shall reimburse providers the greater of their September 2016 cost -based rate or their prospective payment rate. Effective October 1, 2021, the agency shall reimburse providers the greater of 95 percent of their cost -based rate or their rebased prospective payment rate, using the most recently audited cost report for each facility. This subparagraph shall expire September 30, 2023. 8. Pediatric, Florida Department of Veterans Affairs, and government-owned facilities are exempt from the pricing model established in this subsection and shall remain on a cost -based prospective payment system. Effective October 1, 2018, the agency shall set rates for all facilities remaining on a cost -based prospective payment system using each facility's most recently audited cost report, eliminating retroactive settlements. It is the intent of the Legislature that the reimbursement plan achieve the goal of providing access to health care for nursing home residents who require large amounts of care while encouraging diversion services as an alternative to nursing home care for residents who can be served within the community. The agency shall base the establishment of any maximum rate of payment, whether overall or component, on the available moneys as provided for in the General Appropriations Act. The agency may base the maximum rate of payment on the results of scientifically valid analysis and conclusions derived from objective statistical data pertinent to the particular maximum rate of payment. 2Note.- A. Section 18, ch. 2019-116, amended subsection (23) "[ijn order to implement Specific Appropriations 221 and 222 of the 2019-2020 General Appropriations Act." B. Section 19, ch. 2019-116, provides that "[t]he text of s. 409.908(23), Florida Statutes, as carried forward from chapter 2018-10, Laws of Florida, by this act, expires July 1, 2020, and the text of that subsection shall revert to that in existence on October 1, 2018, not including any amendments made by chapter 2018-10, Laws of Florida, except that any amendments to such text enacted other than by this act and chapter 2018-10, Laws of Florida, shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section." Effective July 1, 2020, subsection (23), as amended by s. 19, ch. 2019-116, will read: (23)(a) The agency shaft establish rates at a levet that ensures no increase in statewide expenditures resulting from a change in unit costs effective July 1, 2011. Reimbursement rates shaft be as provided in the General Appropriations Act. (b) Base rate reimbursement for inpatient services under a diagnosis-related group payment methodology shall be provided in the General Appropriations Act. (c) Base rate reimbursement for outpatient services under an enhanced ambulatory payment group methodology shalt be provided in the General Appropriations Act. (d) This subsection applies to the following provider types: 1. Nursing homes. 2. County health departments. (e) The agency shall apply the effect of this subsection to the reimbursement rates for nursing home diversion programs. 3Note.- A. Section 20, ch. 2019-116, amended subsection (26) "[i]n order to implement Specific Appropriation 205 of the 2019-2020 General Appropriations Act." B. Section 21, ch. 2019-116, provides that "[t]he amendment to s. 409.908(26), Florida Statutes, by this act expires July 1, 2020, and the text of that subsection shall revert to that in existence on June 30, 2019, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section." Effective July 1, 2020, subsection (26), as amended by s. 21, ch. 2019-116, will read: (26) The agency may receive funds from state entities, including, but not limited to, the Department of Health, total governments, and other local political subdivisions, for the purpose of making special exception payments, including federal matching funds. Funds received for this purpose shall be separately accounted for and may not be commingled with other state or local funds in any manner. The agency may certify all local governmental funds used as state match under Title XIX of the Social Security Act to the extent and in the manner authorized under the General Appropriations Act and pursuant to an agreement between the agency and the local governmental entity. In order for the agency to certify such local governmental funds, a local governmental entity must submit a final, executed letter of agreement to the agency, which must be received by October 1 of each fiscal year and provide the total amount of local governmental funds authorized by the entity for that fiscal year under the General Appropriations Act. The local governmental entity shalt use a certification form prescribed by the agency. At a minimum, the certification form must identify the amount being certified and describe the relationship between the certifying local governmental entity and the local health care provider. Local governmental funds outlined in the letters of agreement must be received by the agency no later than October 31 of each fiscal year in which such funds are pledged, unless an alternative plan is specifically approved by the agency. i Copyright ®1995-2019 The Florida Legislature . Privacy Statement • Contact 227 www.leg.state.fl.us/statutesAndex.cfm?App_mode=Display_Statute&URL=0400-049910409/Sections/0409.908.htmi 12/12