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03/03/2020
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MARCH 3, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman Susan Adams Jason E. Brown, County Administrator Vice Chairman Joseph E. Flescher Dylan Reingold, County Attorney Commissioner Tim Zorc Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Peter D. 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 Minister Jack White of Gifford Church of Christ 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Month of March, 2020, As March for Meals Month Attachments: Proclamation 5.B. Presentation of Proclamation on Partnering with the 2020 Census to Ensure an Accurate Count for Indian River County Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION March 3, 2020 Page 1 of 7 7.A. Planning and Zoning Commission Appointment Attachments: Staff Report 7.B. Beach Basket Pilot Campaign Attachments: Staff Report Letter of Support from Coastal Connections 7.C. Update on Virgin Trains Expenses Attachments: Staff Report Virgin Trains Expenses 7.D. Indian River County Venue Event Calendar Review Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments February 7, 2020 to February 13, 2020 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments February 14, 2020 to February 20, 2020 Attachments: Finance Department Staff Report 8.C. GRBK GHO Arabella Reserve, LLC's Request for Final Plat Approval for a Subdivision to be known as Arabella Reserve [SD -18-01-02 / 2003060207-84550] Attachments: Staff Report Location Map , Final Plat Layout 8.D. Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety Attachments: Staff Report Renewal Application- Indian River Shores 8.E. Approval of Resolution Adopting the Updated 2020 Indian River County Unified Local Mitigation Strategy Attachments: Staff Report Resolution Approving 2020 LMS 8.F. Release of Demolition Lien (Lots 6 and 7, Block 6, Spruce Park Subdivision) Attachments: Staff Report Release of Lien March 3, 2020 Page 2 of 7 8.G. Work Order No. 5 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County Attachments. Staff Report Ecological Associates Work Order No. 5 Attachment B 8.H. Permission to Advertise for Modification to County Code Section 201.64 and 201.65 Attachments: Staff Report Proposed Changes for Section 201.64. Proposed Changes for Section 201.65 8.I. First Amendment to the Agreement between Indian River County and Lost Tree Preserve, LLC Attachments: Staff Report First Amendment to the Agreement 8.J. Amendment 1 to Work Order No. 7 Masteller & Moler, Inc., 8th Street 24" Force Main Relocation - FDOT Project 437717-1 Attachments: Staff Report Amendment 1 to Work Order No 7 8.K. Indian River County Subaward and Grant Agreement for Hurricane Dorian Attachments: Staff Report Federally -Funded Subaward and Grant Agreement 8.L. Miscellaneous Budget Amendment 005 Attachments: Staff Report 2019 2020 Resolution Exhibit A 8.M. Rejection of Bids for 2020024 - NCAC Deck Lighting Attachments: Staff Report 8.N. Award of Bid 2020026 - Demolition of 1200 37th Street Attachments: Staff Report Sample Agreement 8.0. Designation of Excess Equipment as Surplus Attachments: Staff Report List for 030320 Agenda March 3, 2020 Page 3 of 7, 8.P. Renewal of Agreement for Food Concession Services and Lease at Sandridge Golf Club Attachments: Staff Report Extension for Agreement - Sandridge Cafe Agreement - DiMichellis Assumption and Joinder 2017 Agreement - DiMichellis - April 2015 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Disposition of Real Property Ordinance - Legislative Attachments: Staff Report Proposed Ordinance 10.A.2. Consideration of Alternative .Land Development Regulation (LDR) Amendment Proposals to Define, Regulate and Establish Criteria for Off-site Accessory Landscaping Services in Agricultural Zoning Districts Attachments: Staff Report Stolze/Caribbean Exemption Affidavit Stolze/Caribbean Site Plan Sketch BCC 3/5/2019 Meeting Minutes Staff Report for BCC 6/18/2019 Meeting BCC 6/18/2019 Meeting Minutes Hendrix Proposed LDR Amendment (incl AO Letter) Simmons/Campbell Proposed LDR Amendment AAC Meeting Minutes (10/30/2019 and 12/11/2019) PZC 1/23/2020 Meeting Minutes Staff Proposed "2nd Alternative" LDR Amendment 10.A.3. Public Hearing for the Citrus Hideaway Subdivision Water Assessment Project, Resolution III (Legislative) Attachments: Staff Report Confirming Resolution (Resolution No III) Exhibit A Assessment Roll Assessment Area Map Resolution formally accepting easement B. PUBLIC DISCUSSION ITEMS March 3, 2020 Page 4 of 7 10.B.1. Request to Speak from Railside LLC: Illegal dumping of Indian River County Recyclables and Garbage Attachments: Public_Discussion_Request C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for March 10, 2020 to Consider an Ordinance Amending Title X, Impact Fees, of the Code of Indian River County by Adopting Proposed New Impact Fee Schedules for the Unincorporated Indian River County and Municipalities, and by Adopting Related Amendments Including Revisions to Level of Service Standards Used in Impact Fee Calculations and Revisions to Impact Fee Benefit Districts [Legislative] Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. Children's Services Funding Allocation for Fiscal Year 2020/21 Attachments: Staff Report Children's Services Funding History F. Public Works G. Utilities Services 12.G.1. Amendment and Extension of Cattle Lease Agreement Attachments: Staff Report Amendment and Extension 12.G.2. Request to Waive Bid Process for Purchase of Chlorine Pumps for North County Water Plant Attachments: Staff Report March 3, 2020 Page 5 of 7 12.G.3. CK Contractors - Replace 16" Water Distribution Valve, 58th Avenue South of 5th Street SW Attachments: Staff Report Proposal from CK Contractors & Development 13. COUNTY ATTORNEY MATTERS 13.A. Agriculture Advisory Committee Appointment Attachments: Staff Report Application for AAG - Walter Jerkins 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Memorandum of Understanding between Indian River County Fair Association, Vero Beach Firefighters Association and Indian Rivver County Emergency Services District for Manpower Coverage during the Firefighters Fair. Attachments: Staff Report Memorandum of Understanding B. Solid Waste Disposal District 15.B.1. Spring Residential Paper Shredding Event on April 11, 2020 Attachments: Staff Report Contract Memorandum of Understanding 15.B.2. Thirteenth Amendment to Republic Services Attachments: Staff Report Thirteenth Amendment to Republic Services 15.B.3. Amendment No. 1 to Sitecrafters of Florida Attachments: Staff Report Amendment No 1 to Sitecrafters of Florida C. Environmental Control Board 16. ADJOURNMENT March 3, 2020 Page 6 of 7 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 ordistributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 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. March 3, 2020 Page 7 of 7 SENIOR RESOURCE ASSOCIATION'S MEALS ON WHEELS PROGRAM MARCH FOR MEALS 2020 Meals on Wheels Facts ¶a* (irf lie 50 IACC gvg war out i 'ems a1 ea . ]iilk�l nay ilk l wkdbm Ci d 313)20r)'.�. Senior Resource ASSOCIATION Promoting Independence in our Community �L%� oxyaugl, lh. 311 % UA o -rI g dh! 1.7 Whig Y�J•3 nano en'ors d-�re��io�ildiciJk7 N'IEALS ON WHEELS PROVIDES A COST EFFECTIVE SOLUTION THAT SERVES US ALL 9 OUT OF 10 RECIPIENTS SAY THE SERVICE IMPROVES THEIR HEALTH, thus positioning Meals on Wheels to work alongside healthcare providers to deliver better care while reducing costs. • 0 I YEAR 1 DAY SO DAYS AIL MEALS ON WHEELS CAN SERVE A SENIOR FOR AN ENTIRE in YEAR FOR THE SAME COST AS JUST ONE DAY IN A HOSPITAL OR 10 DAYS IN A NURSING HOME • FREQUENT 1N -HOME VISITSPROV1DF UNIQII OPI'.ORTLNMES- i`O-MEET NUTRI TONT NiEEDS COMBAT SOCIAL ISOLATION, ADDRESS SAFETY HAZARDS, AND PROVIDE HOLISTIC CARE 0 0 0 0 N'Uri? 0000* 9 OUT OF 10 RECIPIENTS say Meals on Wheels helps them feel more secure O G 0 O 0 • MARCH a e c FOR o 0 O MEALS O 0 0 0 0 WITH MEALSeWHEELS,. For the 59% of recipients who live alone, the person delivering the meal is often the only person they will see that day. SRA's Nutrition Staff Nutrition Manager Virginia Skov 772-569-0760 x126 Nutrition Assistant Elena Grieg 772-569-0760 x110 Nutrition Aide Laura Leonard 772-569-0760 x133 Providing so much more... ... than just a meal. THANK YOU, CHAMPIONS ... for bringing attention to the 139 0 of Florida Seniors who struggle with hunger. TOGETHER, WE MARCH FOR MEALS Let's put an end to Senior hunger! Many seniors are prematurely placed in nursing homes or other institu- tional settings because they lack the necessary and cost effective sup- ports, such as prepared meals, to remain living independently in their own homes. We strive to help those in need and remain as independent as possible and improve their overall quality of life. Other Meals on Wheels Programs: Social Congregate Meals — Gives mobile seniors an opportuni- ty to interact with others and enjoy a hot, nutritious meal. Six locations in IRC. Emergency Meals on Wheels — Provides a nutritious daily meal and a friendly visit by a volunteer for homebound seniors who have been discharged from &healthcare facility within the last 30 days; or, whose caregiver is going into a healthcare facility for a brief period of time. Pet Meals on Wheels — MOW recipients who are pet owners receive a monthly supply of pet food delivered by our volunteers. WE NEED VOLUNTEERS! SRA is always looking for volunteers to deliver meals to home -bound seniors. If you or anyone you know is looking for a way to make a dif- ference in their community and lives, send them our way. YOUR BUSINESS Ok ORGANIZATION CAN ADOPT -A -ROUTE! ask us how... If you are interested in volunteering, please call 772-569-0760 DONATE TODAY! Provide a senior with meals For a week for only $44.00 Provide a senior with meals For a month for only $250.00 Provide a senior with meals For a vear for only $3,000.00 O O O O a MARCH o a FO R 0 O MEALS O 0 0 0 0 WIT.H MEALS€WHEELS,M To snake a donation for Meals on Wheels Please call 772-469-2060 Or visit our website. WWW.SENIORRESOURCEASSOCIATION.ORG Senior Resource ASSOCIATION Promoting independence in our Community I-� PROCLAMATION DESIGNATING THE MONTH OF MARCH, 2020, AS March for Meals Month WHEREAS, on March 22, 1972, President Richard Nixon signed into law a measure that amended the Older Americans Act of 1965 and established a national nutrition program for seniors 60 years of age and older; and WHEREAS, Meals on Wheels America established the National March for Meals Campaign in March 2002 to recognize the historic month, the importance of Older Americans Act Nutrition Programs, both congregate and home -delivered, and raise awareness about the escalating problem of senior hunger in America; and WHEREAS, the 2020 observance of the March for Meals campaign provides an opportunity to support Meals on Wheels programs that deliver vital and critical services by donating, volunteering, and raising awareness about senior hunger and isolation; and WHEREAS, Older Americans Act Nutrition Programs, both congregate and home -delivered, in Florida have served our communities admirably for more than 40 years; and WHEREAS, volunteer drivers for Meals on Wheels programs in Florida are the backbone of the program, not only delivering nutritious meals to homebound seniors and individuals with disabilities, but with care, concern, and attention to their welfare; and WHEREAS, Meals on Wheels programs in Florida provide nutritious meals to seniors throughout the State, helping them maintain their health and independence, avoiding unnecessary hospitalizations and/or premature institutionalization; and WHEREAS, Meals on Wheels programs in Florida provide a powerful socialization opportunity for millions of seniors to help combat loneliness and isolation. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of March, 2020, be designated as March for Meals Month in Indian River County, and the Board encourages all citizens to take time this month to honor our Meals on Wheels programs run by the Senior Resource Association, the seniors they serve and the volunteers who care for them. Our recognition of, and involvement in, the national 2020 March for Meals campaign can enrich our entire community and help combat senior hunger and isolation in America. Adopted this 3d day of March, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Peter D. O'Bryan Bob Solari Tim Zorc 1 PROCLAMATION ON PARTNERING WITH THE 2020 CENSUS TO ENSURE AN ACCURATE COUNT FOR INDIAN RIVER COUNTY WHEREAS, an accurate census count invigorates our community's development in the upcoming decade by impacting funding decisions for critical local services, including schools, health clinics, after-school programs, public transportation, roads, school lunch programs, playgrounds, and community centers for seniors; and WHEREAS, more than $400 billion per year in federal and state funding is allocated to states and communities, based in part on census data; and WHEREAS, census data determines how many seats each state will have in the U.S. House of Representatives and often is used for redistricting state legislatures and local voting districts; and WHEREAS, the 2020 Census stimulates economic growth by creating local jobs, especially as census takers who verify our community receives an accurate enumeration; and WHEREAS, the information collected by the Census is confidential and protected by law under Title 13, U.S. Code. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that as a 2020 Census partner, Indian River County supports the goals of the Census; encourages its citizens to participate in events that raise overall awareness and ensure a full, accurate count; and seeks opportunities to collaborate with other like-minded groups in our community to advocate on behalf of the 2020 Census. Adopted this 3rd day of March, 2020. 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 7/Z MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 17, 2020 SUBJECT: Planning and Zoning Commission Appointment Commissioner Solari is appointing Harry G. Howle to the position of the "BCC Appointee, District 5" on the Planning & Zoning Commission, which term expires in January 2021. 3 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 17, 2020 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: Beach Basket Pilot Campaign Description: Per a joint collaboration, the Indian River County Parks Division, the Solid Waste Disposal District (SWDD) and Coastal Connections have kicked off a pilot program at three local beaches in Indian River County to provide collection baskets at each location for trash pickup on the beach so that residents don't have to remember to bring their own receptacle or to use plastic bags for trash pick-up. The goal is to make it more convenient for residents who are dedicated to picking up trash on their beach walks. The baskets will be available at the Tracking Station, Round Island, and Wabasso Beach. Residents are encouraged to use the baskets to pick up litter, then empty the basket and return it when they are finished. Coastal Connections volunteers will upkeep, clean and replace baskets as needed. Coastal Connections will also provide a monthly report to both SWDD and the Indian River County Parks Division that will monitor the progress of the pilot program. Funding: Staff has utilized approximately $717 to purchase baskets and signs for the project using available funding in our current approved Fiscal Year 2019/20 SWDD Recycling fund, which is funded through user assessment fees. Description Account Number Amount Outside Printing 41125534-034720 $391 Other Operating Supplies 41125534-035290 $326 Recommendation: This item is for informational purposes only — no action required. Attachment: 1. Letter of Support from Coastal Connections 4 , C O AST AT L°„ C 0 N NTE''C"T'I ,O N$ Kevin, Coastal Connections Inc. 216 10th Ct., Vero Beach, FL 32962 info@coastal-connections.org Kevin Kerwin Director of Parks and Conservation Resources SWDD Solid Waste Disposal District Coastal Connections, a non profit in Vero Beach Florida, is excited to join forces with SWDD to assist in the implementation, maintenance, and monitoring of the Beach Basket Litter Program. Coastal Connections will provide the following activities to ensure that this new program is off to a smooth start. A. Volunteers will monitor the baskets at each park Weekly. B. Volunteers will inventory, rinse, and replace Baskets if needed. C. Volunteers will Communicate on a regular basis with a Representative of the parks and SWDD. D. Monthly Reports will be completed by the volunteers to ensure the program is a success. Thank you, Sherri Davis Coastal Connections Vice- President Coastal Connection Inc. www.coastal-connections.orq Info@coastal-connections.org 7e INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 25, 2020 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON VIRGIN TRAINS EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for Virgin Trains. Please seethe attached document for expenses incurred as of 2/25/20. ATTACHED: • Virgin Trains Expenses through 2/25/20 spreadsheet. Virgin Trains Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorization 10/2/2018 Board approved additional 592,500 11/20/2018 Board approved additional 51 million -Budget amendment 7 Acct#00110214-033110-15023 Legal Services Date 2/10/2020 Vendor Amount Note Murphy & Walker $9,483.00 Fees for Legal Services January 2020 1/13/2020 Murphy & Walker $7,917.00 Fees for Legal Services December 2019 12/11/2019 Murphy & Walker 513,329.00 Fees for Legal Services November 2019 12/3/2019 Bryan Cave LLP 5697.50 Fees for Legal Services October 2019 11/12/2019 Murphy & Walker $16,222.00 Fees for Legal Services October 2019 (Subtotal Expenses FY 19/20 547,648.50 9/30/2019 Murphy & Walker 519,290.00 Fees for Legal Services Aug & Sept 2019 9/30/2019 Bryan Cave LLP 549,142.40 Fees for Legal Services September 2019 9/30/2019 Bryan Cave LLP $7,161.12 Fees for Legal Services August 2019 9/18/2019 Bryan Cave LLP $107,257.70 Fees for Legal Services July 2019 9/11/2019 Murphy & Walker $18,912.00 Fees for Legal Services -Aug 2019 8/13/2019 Murphy & Walker 56,487.00 Fees for Legal Services June & July 2019 7/10/2019 Murphy & Walker 513,868.00 Fees for Legal Services June 2019 6/24/2019 Bryan Cave LLP $1,244.00 Fees for Legal Services May 2019 6/12/2019 Murphy & Walker 57,939.10 Fees for Legal Services May 2019 5/29/2019 Bryan Cave LLP $65,848.60 Fees for Legal Services April 2019 5/15/2019 Murphy & Walker 52,656.50 Fees for Legal Services April 2019 5/14/2019 Bryan Cave LLP 575,490.34 Fees for Legal Services March 2019 4/4/2019 Murphy & Walker 58,042.00 Fees for Legal Services March 2019 3/26/2019 Bryan Cave LLP 559,154.08 Fees for Legal Services February 2019 3/18/2019 Murphy & Walker 515,988.70 Fees for Legal Service -February 2019 3/18/2019 Bryan Cave LLP 53,577.26 Fees for Legal Service -January 2019 2/21/2019 Murphy & Walker 513,539.54 Fees for Legal Service -January 2019 2/5/2019 Bryan Cave LLP 59,938.49 Fees for Legal Service -December 2018 1/4/2019 Murphy & Walker 59,929.00 Fees for Legal Service -December 2018 12/27/2018 Bryan Cave LLP $26,535.95 Fees for Legal Service -November 2018 12/5/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters -through 10/31/18 12/3/2018 Bryan Cave LLP $16,416.20 Fees for Legal Service -October 2018 (Subtotal Expenses FY 18/19 $548,417.98 $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 9/30/2018 McDermot,Will & Emery LLP 9/30/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters -through 8/31/18 9/30/2018 Bryan Cave LLP 572,352.66 Fees for Legal Service -Sept 2018 9/30/2018 Bryan Cave LLP $60,392.05 Fees for Legal Service -Aug 2018 9/10/2018 Bryan Cave LLP $109,699.89 Fees for Legal Service -July 2018 8/24/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 8/8/2018 Bryan Cave LLP 549,360.27 Fees for Legal Service -June 2018 7/18/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters- 4/18-4/20/18 7/17/2018 Bryan Cave LLP 514,257.36 Fees for Legal Services -May 2018 7/2/2018 McDermot,Will & Emery LLP 510,012.00 IRC Legislative Advocacy Matters- 4/6.4/20/18 6/13/2018 Bryan Cave LLP 530,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 5/15/2018 Bryan Cave LLP $23,853.70 Fees for Legal Services -March 2018 5/7/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters- 2/14-27/18 4/9/2018 Bryan Cave LLP 556,189.09 Fees for Legal Services -Feb 2018 4/9/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP 558,782.89 Fees for Legal Services -Jan 2018 3/7/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 Bryan Cave LLP 532,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP $6,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP 510,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters -Sept (Subtotal Expenses FY 17/18 5634,725.58 I 9/30/2017 McDermot,Will & Emery LLP 510,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP 510,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legal Services -Sept 2017 9/30/2017 , Bryan Cave LLP 51,119.00 Fees for Legal Services -Aug 2017 9/27/2017 Bryan Cave LLP 513,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP 55,893.00 Fees for Legal Services- June 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP 5823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP 52,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LIP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP 5375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP 511,097.20 Fees for Legal Services- Jan 2017 7 Date Vendor Amount Note 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP 5342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS 54,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP 515,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP 516,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 5201,663.06 1 9/30/2016 Bryan Cave LLP 55,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP 520,358.95 Fees for legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP 514,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP 51,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS 517,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP 53,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP 59,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS 529,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP 519,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP 5112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin 5150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS 57,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP 531,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP 516,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP 550,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP 520,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP 527,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP 51,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 I 9/30/2015 Bryan Cave LLP 554,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP 581,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP 555,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP 551,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP 56,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP 550,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP 537,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP 5178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP 537,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA -$250.00 Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP 5145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA• $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP 533,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP 526,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP 5937.50 Fees for Legal Services JSubtotal Expenses FY 13/14 528,551.80 i Split between St.Lucie, Indian River, and Martin Counties Acct#00110214033190-15023 Other Professional Services Other Professional Services Date Vendor Amount Note 11/4/2019 Advanced Data Solutions rubtotat Expenses FY 19/20 51,115.00 Document Scanning 51,115.00 11/27/2018 Scripps $92.40 Legal Advertising 8 Date Vendor Amount Note 11/21/2018 Gail E. Flinn 5350.00 Transcription Services 4/24/2019 5ubtotaI Expenses FY 18/19 5442.40 9/30/2018 Copy Charges 532.96 Copies 8/30/2018 Florida Dept of Transportation 582.84 Public Records Request -balance 7/10/2018 Florida Dept of Transportation 582.84 Public Records Request 12/12/2018 [Subtotal Expenses FY 17/18 $198.64 4/28/2017 Martin County 50% reimbursement -53,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. 51,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consultants 513,396.11 12/1/2016 V8 Court Reporters 5300.00 St Johns Admin Hearing 12/1/2016 Scripps 595.70 Legal Advertising 9/11/2018 Subtotal Expenses FY 16/17 518,779.15 9/30/2016 GK Environmental 55,580.00 9/30/2016 Triad Railroad Consultants 524,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. 520,782.50 Drainage Reports & calculations 9/30/2016 Federal Express 58.18 8/5/2016 GK Environmental 52,040.00 7/12/2016 Dylan Reingold-travel to Wash DC 5928.37 AAF Hearing 6/1/2016 US Legal Support Inc. 5160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express 56.10 Shipping 5/11/2016 GK Environmental 56,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express 56.85 Shipping 1/25/2016 VB Court Reporting 5417.50 IRC vs Rogoff 9/30/2017 [Subtotal Expenses FY 1S/16 $62,563.89 9/30/2015 Dylan Reingold 5412.00 Reimburse for case filing 9/16/2015 Federal Express 53.92 Shipping 8/25/2015 Railroad Consultant Group 536,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group 5435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express 57.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC 5446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records 4/6/2016 Subtotal Expenses FY 14/15 544,810.15 MHG Tallahassee AL P -Dylan Reingold Acct#00110111-034020-15023 All Travel Travel Date Travel Amount Notes 4/24/2019 Dylan Reingold-FDFC Meeting on Brightllne 5400.39 4/16/2019 Tim Zorc-FDFC Meeting -Orlando 597.32 3/13/2019 Peter O'Bryan-FDFCMeeting-Orlando $111.32 3/13/2019 Bob Solari-FDFC Meeting -Orlando 592.32 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense 5156.89 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel 5174.90 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Flight 5373.60 !Subtotal Expenses FY 18/19 $1,406.74 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando 5111.91 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando 5122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando $91.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando 5110.45 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando 591.52 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg 5161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg 5271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner 5274.37 5/1/2018 American Airlines Kate Cotner 5167.20 5/1/2018 Jet Blue -Dylan Reingold 5128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold 5548.74 !Subtotal Expenses FY 17/18 $2,420.00 9/30/2017 Delta Air $191.80 9/30/2017 American Airlines 5193.20 9/30/2017 Jet Blue $168.20 9/30/2017 Jet Blue 525.00 9/30/2017 Bob Solari travel to Washington DC $869.98 with OMB,Senator & Congressman & FDOT Acct#00110214-034020-15023 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 9/30/2017 Dylan Reingoid-travel to Washington DC 5753.49 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa [Subtotal Expenses FY 16/17 53,029.76 4/20/2016 Dylan Reingoid 5106.26 Hearing 4/6/2016 Aloft Hotel 5109.00 MHG Tallahassee AL P -Dylan Reingold 12/16/2015 Kimberly Graham 5901.76 Fed Railway Assoc. Mtg-Washington DC 9 Date Vendor Amount Note 12/2/2015 Kate Cotner -FAC Legislative Conference. 519.44 7/02/15 CDM Smith Inc {Subtotal Expenses FY 15/16 51,136.48. 1 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold 575.26 11/26/14 8/26/2015 Kate Cotner -55.36 Orlando -Travel -FL Dev. Finance Corp CDM Smith Inc 'Subtotal Expenses FY 14/15 5341.26 Acct#11124319-033190 Other Professional Services Date Vendor Amount Notes 7/02/15 CDM Smith Inc 523,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 - CDM Smith Inc 52,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc 55,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc 56,585.80 Work Order 13 Nolse Monitoring 'Subtotal Expenses FY 14/15 544,740.70 I 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Nolse Monitoring 9/30/14 CDM Smith Inc 58,077.00 Work Order 10 EIS 8/29/14 COM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc 53,125.00 Work Order 10 EIS 'Subtotal Expenses FY 13/14 517,274.00 Total Expenses 19/20 Total Expenses 18/19 Total Expenses 17/18 Total Expenses 16/17 Total Expenses 15/16 Total Expenses 14/15 Total Expenses 13/14 $48,763.50 5550,267.12 5637,344.22 5223,471.97 5870,867.50 51,154,211.26 545,825.80 Total expenses processed as of 2/25/2020 $3,530,751.37 Total Board authorized budget for FY 19/20 Total Board authorized budget for FY 18/19 Total Board authorized budget for FY 17/18 Total Board authorized budget for FY 16/17 Total Board authorized budget for FY 15/16 Total Board authorized budget for FY 14/15 Total Board authorized budget for FY 13/14 5497,432.88 $550,267.12' 5637,344.22 5223,471.97 5870,867.50 51,154,211.26 545,825.80 Total budgeted 13/14-19/20 $3,979,420.75 Remaining Balance $448,669.38 10 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar AUTHOR TALK: Florida Cattle Ranching Mar 3 @ North IRC Library: • 2-3pm- Free admission. Presented by Robert L. Stone Five Centuries of Tradition. LIVE MUSIC: Remember Then, starring Dave DeLuca Mar 4 @ North IRC Library: • 6pm- Free admission. Juke Box hits of the 50's, 60's & 70's. Arts and Crafts Expo / Spring Festival (Outdoor Pavilion) Mar 6-7 @ IRC Fairgrounds: • Sat: l0am-5pm & Sun: 10am-4pm. Event by Patriot Productions. Girls With Guns - Giock Demos Mar 7 @ IRC Shooting Range.& Clays Facility: • 9am-3pm: The Club will be trying out several kinds of Glocks. Open to the public. Intro to Genealogy Session I Mar 7 @ North IRC Library: • 10:30am-12:30pm Saturday IRC Youth Livestock (Ag) Mar 7 @ IRC Fairgrounds: • Saturday CCA Coastal Conservation Association Event Mar 12 @ iG Center: • 6pm-10pm: Annual fundraiser, auction and banquet. IRC Firefighter's Fair Mar 13-22 @ IRC Fairgrounds: • Schedule: www.firefightersfair.org/event-schedules/ Cowboy Shootout Mar 14 @ IRC Shooting Range & Clays Facility: • 9am-l0am: Hosted by Okeechobee Marshals. Clays Fundraiser by: The Academy Mar 14 @ IRC Shooting Range & Clays Facility: • 9am-3pm: Fundraiser for The Academy School. 11 FREE - IRC School Choices by the IRC School District Mar 14 @ iG Center: • 10am-lpm: Local Choice Schools will be available to answer any and all questions. Intro to Genealogy Session II Mar 14 @ North IRC Library: • 10:30am-11:30pm Saturday South Florida PGA Junior Tour Mar 15 @ Sandridge Golf Club: • Saturday Call 772 770-5000 LIVE Performance: Aesop's Fables Mar 17 @ North IRC Library: • 6-7pm- A re -telling of the Clasic Stories for all ages! FREE Senior Living Expo Mar 19 @ iG Center: • 9am-lpm: Come gather information on local Senior Health and Wellness services. Community Office Hours Event Mar 19 @ North IRC Library: • l0am- One on one with Commissioner Susan Adams. Spring Break Camp by Indian River County Recreation Dept. Mar 23-27 @ iG Center: • 7:30am-5:30pm: Kids, 8-12yrs will enjoy a week of FUN at the iG Center! $75 per child. Blooprint Management - Career ReadyTraining,"Spring Break Camp" Mar 23-27 @ iG Center: • 9am-3:30pm: Students must register in advance for FREE program. Rimfire Challenge - Shooting Tournament Mar 28 @ IRC Shooting Range & Clays Facility: • 9am-12:30pm - Last Sat. of Every month Call 772 581-4944 2nd Annual Craft Swap! Mar 28 @ IRC Main Library: • 1pm- Have leftover supplies from crafting? Donate 3/27 & exchange on 3/28! Author Talk: Oh, Florida! Mar 31 @ North IRC Library: • 2-3:30pm- Free admission. Presented by Craig Pittman. Golden Grads Apr 4 @ IRC Fairgrounds: • 7am-5pm VBHS Band Tournament Apr 4 @ Sandridge Golf Club: • 8:30am-fpm, Saturday VNA Camp Chrysalis Apr 16 @ iG Center: • 8:15am-4:30pm: Camp for Grieving Families by the VNA (Visiting Nurse Assoc.) South County Community Meeting Apr 6 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan. Egg-Stravaganza FREE Water Egg Hunt - NCAC Apr 6 @ NCAC: • 6:30pm, Bring a towel and Easter basket but please, no plastic bags. Infant - 8 yrs. Egg-Stravaganza FREE Water Egg Hunt - GAC Apr 7 @ GAC: • 6:30pm, Bring a towel and Easter basket but please, no plastic bags. Infant - 8 yrs. IRCHS National Honor Society Apr 8 @ iG Center: • 6:30-7:30pm - For IRCHS NHS invitees only Egg-Stravaganza FREE Family Movie Night - featuring "HOP" Apr 9 @ Wiggins Field / iG Center: • 7:45pm: This family freindly event is Rain or Shine! Enjoy "HOP" on the BIG Screen. Cowboy Shoot Out Apr 11 @ IRC Shooting Range & Clays Facility: • 9am-12:30pm - Call 772 581-4944, hosted by Okeechobee Marshals VNA Caregiver Conference Apr 16 @ iG Center: • 9am-12:00pm: brought to you by the VNA (Visiting Nurse Assoc.) Community Office Hours Event Apr 16 @ North IRC Library: • l0am- One on one with Commissioner Susan Adams. 13 STEAM Fest Apr 18 @ iG Center: • l0am-4pm: Science • Technology • Engineering • Art • Math, Festival Vero Beach Home Show Apr 18-19 @ IRC Fairgrounds: • l0am-5ptn Sat & Sun Sunshine State Eggfest Apr 25 @ IRC Fairgrounds: • 9am-4pm - A variety of dishes made on the Grilling Egg = Eggfest Vero Beach High School Prom Apr 25 @ iG Center: • 8-1 1pm - for Vero Beach High School Students Rimfire Challenge - Shooting Tournament Apr 25 @ IRC Shooting Range & Clays Facility: • 9am-12:30pm - Last Sat. of Every month Call 772 581-4944 14 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 13, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 7, 2020 to February 13, 2020 �a In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approvalis requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of February 7, 2020 to February 13, 2020. 15 TRANS NBR 392032 392033 392034 392035 392036 392037 392038 392039 392040 392041 392042 392043 392044 392045 392046 392047 392048 392049 392050 392051 392052 392053 392054 392055 392056 392057 392058 392059 392060 392061 392062 392063 392064 392065 392066 392067 392068 392069 392070 392071 392072 392073 392074 392075 392076 392077 392078 392079 392080 392081 392082 392083 392084 392085 392086 392087 392088 392089 DATE 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 CHECKS WRITTEN VENDOR ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT NORTH CAROLINA CHILD SUPPORT ECMC AMERITAS COMMONWEALTH OF MASSACHUSETTS COAST PROFESSIONAL INC COAST PROFESSIONAL INC NATIONAL RECOVERIES INC ACSI PORT CONSOLIDATED INC STURGIS LUMBER & PLYWOOD CO FIRE EQUIPMENT SVC OF ST LUCIE INC COMMUNICATIONS INTERNATIONAL SSES INC TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC KIMLEY HORN & ASSOC INC HENRY SCHEIN INC PARALEE COMPANY INC GRAINGER MASTELLER MOLER & TAYLOR INC KSM ENGINEERING & TESTING INC BOUND TREE MEDICAL LLC PETES CONCRETE DIVE RESCUE INC TIRESOLES OF BROWARD INC H C WARNER INC CITY ELECTRIC SUPPLY COMPANY NEWMANS POWER SYSTEMS DELL MARKETING LP BLAKESLEE SERVICES INC BAKER & TAYLOR INC MIDWEST TAPE LLC FATHER & SON CARPET LLC ENCORE BROADCAST EQUIPMENT SALES INC BAKER DISTRIBUTING CO LLC PALM TRUCK CENTERS INC SOFTWARE HARDWARE INTEGRATION CITY OF VERO BEACH CITY OF VERO BEACH LIVINGSTON PAGE BLUE CROSS & BLUE SHIELD OF FLORIDA INC JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES PUBLIX SUPERMARKETS PUBLIX SUPERMARKETS WAL MART STORES EAST LP ROGER CLEVELAND GOLF INC ACUSHNET COMPANY INTERNATIONAL GOLF MAINTENANCE INC FEDERAL EXPRESS CORP COMO OIL COMPANY OF FLORIDA TIMOTHY ROSE CONTRACTING INC TRAFFIC PARTS INC AMOUNT 299.36 303.42 169.30 105.69 303.35 30,240.28 154.00 321.68 231.73 218.15 201.57 854.17 38.82 418.88 1,465.76 482.48 7,925.51 426.00 889.65 454.87 4,170.00 780.70 600.00 1,568.98 1,100.00 1,300.00 3,932.94 1,050.00 580.00 1,262.64 345.18 39.05 1,285.09 5,036.81 711.00 4,543.98 3,046.18 442.50 14,465.00 13.84 980.23 183,780.31 1,857.53 476.18 50.00 5,311.98 907.92 638.15 7.50 167.10 161.36 628.75 4,979.76 990.00 60.33 169.17 314,635.73 1,466.50 16 TRANS NBR 392090 392091 392092 392093 392094 392095 392096 392097 392098 392099 392100 392101 392102 392103 392104 392105 392106 392107 392108 392109 392110 392111 392112 392113 392114 392115 392116 392117 392118 392119 392120 392121 392122 392123 392124 392125 392126 392127 392128 392129 392130 392131 392132 392133 392134 392135 392136 392137 392138 392139 392140 392141 392142 392143 392144 392145 392146 392147 392148 392149 DATE 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 VENDOR AMOUNT CALLAWAY GOLF SALES COMPANY 10,667.35 FLORIDA POWER AND LIGHT 47,830.63 FLORIDA POWER AND LIGHT 5,211.15 FLORIDA POWER AND LIGHT 1,633.88 TAYLOR MADE GOLF CO INC 4,932.75 GIFFORD YOUTH ACHIEVEMENT CENTER INC 23,753.12 CITY OF FELLSMERE 344.52 FLORIDA STATE GOLF ASSOCIATION 177.00 HENRY SMITH 75.00 ARNOLD AIR CONDITONING INC 89.00 JOHN BROWN & SONS INC 26,572.50 CHILDRENS HOME SOCIETY OF FL 3,735.47 LLONALD & VIKKI MIXELL 90.69 SHRIEVE CHEMICAL CO 4,074.82 GATOR'S SOD INC 403.75 THE PALMS AT VERO BEACH 350.00 GLOBAL EQUIPMENT CO INC 3,058.65 HULETT ENVIRONMENTAL SERVICES 160.00 CELICO PARTNERSHIP 72.14 SYNAGRO-WWT INC 41,508.23 SOUTHERN JANITOR SUPPLY INC 3,623.77 ETR LLC 3,356.85 GLOVER OIL COMPANY INC 51,560.37 WOODLAWN MHC LLC 300.00 LARRY STEPHENS 50.00 ARDAMAN & ASSOCIATES INC 868.00 ORCHID ISLAND PROPERTY MGMT II INC 1,825.00 FLORIDA SUPERIOR SAND INC 986.34 JOHNNY B SMITH 125.00 DANE MACDONALD 150.00 RAMOS, NICOLAS 187.00 THE QUICK FIX 563.48 KWACKS INC 2,124.00 ALERT ALL CORPORATION 285.00 CWS COMMUNITIES LP 450.00 MURPHY & WALKER P L 9,483.00 FLORIDA ARMATURE WORKS INC 4,309.00 BERMUDA SANDS APPAREL LLC 62.78 AUTOMATIONDIRECT.COM INC 5,826.00 NEWSOM OIL COMPANY 604.00 REPROGRAPHIC SOLUTIONS INC 5.40 CARDINAL HEALTH 110 INC 3,616.99 MUNICIPAL EMERGENCY SERVICES INC 7,821.20 BURNETT LIME CO INC 12,642.00 SOUTHWIDE INDUSTRIES INC 2,090.34 TREASURE COAST TURF INC 870.00 W&G MAINTENANCE 9,490.00 CARMEN LEWIS 356.00 DEBORAH CUEVAS 150.00 PIERCE GOODWIN ALEXANDER & LINVILLE INC 4,723.50 SKECHERS USA INC 339.41 FOUNDATION FOR AFFORDABLE RENTAL 500.00 MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,057.00 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 SYLIVIA MILLER 406.00 A GREAT FENCE LLC 690.00 UNIFIRST CORPORATION 618.75 TAMI GAY 150.00 WILSON SPORTING GOODS CO 1,254.05 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 183.61 17 TRANS NBR 392150 392151 392152 392153 392154 392155 392156 392157 392158 392159 392160 392161 392162 392163 392164 392165 392166 392167 392168 392169 392170 392171 392172 392173 392174 392175 392176 392177 392178 392179 392180 392181 392182 392183 392184 392185 392186 392187 392188 392189 392190 392191 392192 392193 392194 392195 392196 392197 392198 392199 392200 392201 392202 392203 392204 392205 392206 392207 392208 392209 DATE 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 VENDOR SITEONE LANDSCAPE SUPPLY HOLDINGS LLC GOTTA GO GREEN ENTERPISES INC BARSALOU VENTURES LLC AWC INC WURTH USA INC FLORIDA EAST COAST HOLDINGS CORP AC VETERINARY SPECIALTY SERVICES REBECCA CARSWELL MATHESON TRI -GAS INC BETTY K VOGT AQSEPTENCE GROUP INC COLE AUTO SUPPLY INC DIAMOND TEC ENTERPRISES LLC RHOADES AIR & HEAT BETH NOLAN NESTLE WATERS NORTH AMERICA CALVIN GIORDANO & ASSOCIATES INC CORE & MAIN LP PACIFIC RIM VENTURES INC JOHN WALCOTT BROWNELLS INC WOERNER AGRIBUSINESS LLC AAAA SERVICE LLC ST HELENS CATHOLIC SCHOOL DIRECTV GROUP INC COASTAL WATERWAYS DESIGN & BRANDON ROUER PROMISED LAND ANGLICAN CHURCH INC RAMONA MURPHY AMAZON CAPITAL SERVICES INC VERONIQUE ORY STURIALE PREMIER LANDSCAPE SOLUTIONS OF IR LLC KINDERGARTEN READINESS COLLABORATIVE AMERIGAS PROPANE LP BENEFIT EXPRESS SERVICES LLC JORDAN POWER EQUIPMENT CORP RIVER BOAT CLUB PROPERTY OWNERS WEST PALM BEACH ANTIQUES FESTIVAL INC MICHAEL DUNLEAVY LIBERTY TIRE RECYCLING LLC DERECK R PRINCE MULLINAX FORD OF VERO BEACH JUDITH A BURLEY ALL PAVING INC SUSAN BAYE APTIM CORP DIANA L STILLMAN JOAN BELLAFATTO REID LINDSEY GARDENS GATEWAY SERVICES USA LLC KENNETH FASS JR KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC JENNIFER D JAMES PIERCE BENDER JONES & BARTLETT LEARNING LLC INVASIVE PLANT ERADICATORS LLC TELEFLEX LLC WITT O'BRIEN'S LLC BLUE GOOSE CONSTRUCTION LLC BLUE GOOSE CONSTRUCTION LLC AMOUNT 410.72 55.15 21.16 2,301.96 152.96 5,860.00 124.21 180.00 4,070.29 537.20 845.01 3,680.20 799.60 75.00 96.00 42.90 28,033.75 17,536.52 1,260.00 231.00 2,845.10 566.50 889.47 312.13 66.24 ENGINEERING LLC 8,375.00 660.00 150.00 46.50 2,329.47 30.00 3,450.00 5,396.70 5,471.28 6,572.42 2,031.22 11.70 500.00 125.00 1,285.98 390.00 734.89 20.50 26,609.92 25.00 167,328.95 25.00 140.00 350.00 160.00 125.00 1,308.01 125.00 250.00 1,468.50 751.91 3,300.00 1,356.25 672.25 1,366.61 18 TRANS NBR 392210 392211 392212 392213 392214 392215 392216 392217 392218 392219 392220 392221 392222 392223 392224 392225 392226 392227 392228 392229 392230 392231 392232 392233 392234 392235 392236 392237 392238 392239 392240 392241 392242 392243 392244 392245 392246 392247 392248 392249 392250 392251 392252 392253 392254 392255 392256 392257 392258 392259 392260 392261 392262 392263 392264 392265 392266 392267 392268 392269 DATE 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 VENDOR STAPLES INC LOWES COMPANIES INC PEOPLEREADY INC SMI TRADING LLC CHRIS ZAVESKY NEW YORK REPLACEMENT PARTS CORP FLORIDA STATE COLLEGE AT JACKSONVILLE KATHERINE ARTON SHARITA JOHNSON ALMA COMMUNITY LLC JUSTIN HOUSE RIVER GONZALEZ UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS TYLER TECHNOLOGIES INC GOVERNORS HURRICANE CONFERENCE MICHAEL ZITO AMOUNT 1,294.40 4,530.54 16,084.48 220.51 100.00 236.52 9.99 87.00 150.00 75.00 1,514.40 50.00 44.58 99.91 132.50 81.17 89.03 82.51 33.20 406.73 8.60 43.50 26.52 34.10 6.59 106.21 83.28 4.96 78.94 90.54 79.57 30.27 88.49 41.48 60.54 21.31 50.26 77.33 32.96 77.96 89.13 135.49 67.98 40.21 89.13 50.72 47.08 51.99 51.10 41.27 68.84 28.87 79.16 36.08 353.98 37.76 71.87 1,950.00 570.00 113.51 19 TRANS NBR 392270 392271 392272 392273 392274 392275 392276 392277 392278 392279 Grand Total: DATE 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 VENDOR JOHN SCOTT DAILEY JOHN SCOTT DAILEY PETER OBRYAN WILLIAM RICE AMERICAN HEART ASSOCIATION INC SUSAN ADAMS PAIGE LESTER SHEILA O'SULLIVAN KIMBERLY K MOIRANO RICHARD BRUCE AMOUNT 85.00 390.00 15.53 441.79 696.00 408.04 395.00 17.00 12.99 15.53 1,264,669.61 20 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 900330 02/13/2020 900331 02/13/2020 900332 02/13/2020 Grand Total: VENDOR FLORIDA POWER AND LIGHT LAZY J LLC LINDSEY GARDENS AMOUNT 13.00 39.00 375.00 427.00 21 TRANS. NBR 1016207 1016208 1016209 1016210 1016211 1016212 1016213 1016214 1016215 1016216 1016217 1016218 1016219 1016220 1016221 1016222 1016223 1016224 1016225 1016226 1016227 1016228 1016229 1016230 1016231 1016232 1016233 1016234 1016235 1016236 1016237 1016238 1016239 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 02/10/2020 02/12/2020 02/12/2020 02/12/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 VENDOR OFFICE DEPOT INC AT&T CORP COMCAST WASTE MANAGEMENT INC OF FLORIDA PARKS RENTAL & SALES INC NORTH SOUTH SUPPLY INC SUB AQUATICS INC INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC DEMCO INC MIKES GARAGE & WRECKER SERVICE INC APPLE INDUSTRIAL SUPPLY CO SMITH BROTHERS CONTRACTING EQUIP GALLS LLC MEEKS PLUMBING INC AIR COMPRESSOR WORKS INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC THYSSENKRUPP ELEVATOR CORPORATION HD SUPPLY FACILITIES MAINTENANCE LTD COMO OIL COMPANY OF FLORIDA STRYKER SALES CORP RECHTIEN INTERNATIONAL TRUCKS FLORIDA LEVEL & TRANSIT CO INC METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC SIMS CRANE & EQUIPMENT CO L&L DISTRIBUTORS HORIZON DISTRIBUTORS INC NEXAIR LLC EFE INC PACE ANALYTICAL SERVICES LLC AMOUNT 3,166.66 260.43 445.63 3,378.94 7.00 269.11 1,131.00 1,826.95 1,450.00 35.63 285.00 1,318.86 1,277.05 209.12 1,058.15 291.37 4,966.06 747.35 2,513.25 8,472.00 95.48 242.26 24,519.28 142.45 1,110.00 1,357.75 1,182.41 139.10 339.00 1,068.00 29.73 7,418.06 6,019.65 76,772.73 22 TRANS NBR 7426 7427 7428 7429 7430 7431 7432 7433 7434 7435 7436 7437 7438 7439 7440 7441 7442 7443 7444 7445 7446 7447 7448 7449 7450 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/07/2020 02/10/2020 02/11/2020 02/11/2020 02/11/2020 02/11/2020 02/11/2020 02/11/2020 02/11/2020 02/11/2020 02/11/2020 02/11/2020 02/13/2020 02/13/2020 02/13/2020 02/13/2020 VENDOR AMOUNT KIMLEY HORN & ASSOC INC 297.22 IRC FIRE FIGHTERS ASSOC 9,347.96 FL SDU 6,084.08 VERO HERITAGE INC 2,132.00 MUTUAL OF OMAHA 7,465.30 IRS -PAYROLL TAXES 472,087.97 NATIONWIDE SOLUTIONS RETIREMENT INC 59,250.95 NATIONWIDE SOLUTIONS RETIREMENT INC 6,230.23 TOTAL ADMINISTRATIVE SERVICES CORP 12,622.34 RX BENEFITS INC 205,333.99 MUTUAL OF OMAHA 18,757.74 INDIAN RIVER COUNTY SHERIFF 4,542.72 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,690.50 SCHOOL DISTRICT OF I R COUNTY 3,181.75 MUTUAL OF OMAHA 2,481.50 HIGHMARK STOP LOSS 68,376.00 CHARD SNYDER & ASSOCIATES INC 323.60 CHARD SNYDER & ASSOCIATES INC 92.00 WEST HEALTH ADVOCATE SOLUTIONS INC 1,536.15 WEST HEALTH ADVOCATE SOLUTIONS INC 1,959.60 RIO BAK CORPORATION 1,635,469.86 FLORIDA DEPARTMENT OF REVENUE 3,328.83 FLORIDA DEPARTMENT OF REVENUE 33,471.24 FLORIDA DEPARTMENT OF REVENUE 1,301.86 FLORIDA DEPARTMENT OF REVENUE 2,767.05 2,570,132.44 23 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 20, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 14, 2020 to February 20, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approvalis requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of Februaryl4, 2020 to February 20, 2020. 24 TRANS NBR 392280 392281 392282 392283 392284 392285 392286 392287 392288 392289 392290 392291 392292 392293 392294 392295 392296 392297 392298 392299 392300 392301 392302 392303 392304 392305 392306 392307 392308 392309 392310 392311 392312 392313 392314 392315 392316 392317 392318 392319 392320 392321 392322 392323 392324 392325 392326 392327 392328 392329 392330 392331 392332 392333 392334 392335 392336 392337 DATE 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 CHECKS WRITTEN VENDOR PORT CONSOLIDATED INC FIRE EQUIPMENT SVC OF ST LUCIE INC COMMUNICATIONS INTERNATIONAL LENGEMANN CORP TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC CHISHOLM CORP OF VERO HENRY SCHEIN INC SAFETY PRODUCTS INC AT&T WIRELESS B G KENN INC DELTA SUPPLY CO E -Z BREW COFFEE & BOTTLE WATER SVC GRAINGER SAFETY KLEEN SYSTEMS INC GAYLORD BROTHERS INC WILD LAND ENTERPRISES INC AVERY DENNISON CORPORATION BOUND TREE MEDICAL LLC EXPRESS REEL GRINDING INC CITY ELECTRIC SUPPLY COMPANY AMERICAN WATER CHEMICALS INC ARMFIELD WAGNER APPRAISAL AND RESEARCH INC WORLD BOOK INC BLAKESLEE SERVICES INC COMPUTYPE INC CENGAGE LEARNING INC PALM TRUCK CENTERS INC SUNSHINE REHABILATION CENTER OF IRC INC TINDALE-OLIVER & ASSOCIATES INC PING INC CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY HEALTH DEPT CITY OF VERO BEACH CDM SMITH INC AT&T CORP TREASURE COAST HOMELESS SERVICES ROGER CLEVELAND GOLF INC ACUSHNET COMPANY GEOSYNTEC CONSULTANTS INC FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP LIBERTY FLAGS INC TRAFFIC PARTS INC CALLAWAY GOLF SALES COMPANY FLORIDA POWER AND LIGHT PUBLIC DEFENDER THOMAS S LOWTHER FUNERAL HOME CORP TAYLOR MADE GOLF CO INC STATE ATTORNEY PEACE RIVER ELECTRIC COOP INC LANGUAGE LINE SERVICES INC STRUNK FUNERAL HOMES & CREMATORY TREASURE COAST SPORTS COMMISSION INC AMOUNT 671.28 130.00 122,394.72 152.08 3,406.88 420.70 583.74 18.13 13.00 1,366.62 398.72 1,445.10 178.90 1,077.91 126.44 753.80 273.00 258.42 836.55 5,038.20 20,005.98 3,500.00 136.96 14,185.40 450.00 1,998.00 66.30 910.53 212.94 319.76 2,065.00 32,504.95 875.36 340.24 1,048.80 455.00 3,779.36 912.50 5,631.52 5,551.06 100.68 427.30 5,043.85 6.90 13.80 86.28 158.10 2,292.50 6,675.01 43,355.61 3,179.26 425.00 277.49 9,961.01 70.27 41.66 425.00 2,500.00 25 TRANS NBR 392338 392339 392340 392341 392342 392343 392344 392345 392346 392347 392348 392349 392350 392351 392352 392353 392354 392355 392356 392357 392358 392359 392360 392361 392362 392363 392364 392365 392366 392367 392368 392369 392370 392371 392372 392373 392374 392375 392376 392377 392378 392379 392380 392381 392382 392383 392384 392385 392386 392387 392388 392389 392390 392391 392392 392393 392394 392395 392396 392397 DATE 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 VENDOR SUNSHINE LAND DESIGN FLORIDA STATE GOLF ASSOCIATION BE SAFE SECURITY ALARMS INC ALAN C KAUFFMANN INDIAN RIVER COUNTY HISTORICAL CHILDRENS HOME SOCIETY OF FL SEBASTIAN LIONS CLUB CHARITY FOUNDATION VERO BEACH ROOFING INC ECONOLITE CONTROL PRODUCTS INC THE PALMS AT VERO BEACH PERKINS COMPOUNDING PHARMACY MICHAEL QUIGLEY NATIONAL ASSOCIATIONS OF COUNTY CELICO PARTNERSHIP CINTAS CORPORATION NO 2 FLORIDA DEPT OF JUVENILE JUSTICE FLORIDA RURAL LEGAL SERVICES INC FASTENAL COMPANY THE SHERWIN WILLIAMS CO SEBASTIAN RIVER AREA CHAMBER OF COMMERCE LARRY STEPHENS GERELCOM INC DAYSPRING COLOSSUS INCORPORATED PAK MAIL JOHNNY B SMITH DANE MACDONALD DUPERON CORPORATION CHARLES A WALKER SOUTHEAST SECURE SHREDDING RANGE SERVANT AMERICA INC HELPING ANIMALS LIVE -OVERCOME CLOVERLEAF CORPORATION GUETTLER BROTHERS CONSTRUCTION LLC IDW LLC OVERDRIVE INC KEITH GROCHOLL GFA INTERNATIONAL INC MOORE MOTORS INC NEWSOM OIL COMPANY WILD TURKEY ESTATES OF VERO LLC MUNICIPAL EMERGENCY SERVICES INC ADAMS FENCE 2 LLC ALEX MIKLO AMERICAN MINORITY BUSINESS FORMS TREASURE COAST TURF INC PENGUIN RANDOM HOUSE LLC CARMEN LEWIS STRAIGHT OAK LLC KRAUS ASSOCIATES INC SOUTHERN MANAGEMENT LLC C E R SIGNATURE CLEANING BAUDVILLE INC SAMBA HOLDINGS INC THE LAW OFFICES OF FOUNDATION FOR AFFORDABLE RENTAL MASCHMEYER CONCRETE COMPANY OF FLORIDA HAWKINS INC JENNIFER E PROPER UNIFIRST CORPORATION AMOUNT 101,591.47 7,943.00 125.00 375.00 1,993.75 2,250.00 2,500.00 55,988.25 15,706.00 1,775.00 73.16 20.00 350.00 4,112.45 41.09 37,280.72 2,057.69 264.04 211.15 20,391.38 200.00 452.00 250.00 11,460.51 269.61 275.00 200.00 470.81 75.00 188.28 2,471.89 44.00 6,333.00 106,137.01 3,114.00 4,238.73 150.00 11,137.50 45.54 425.00 807.12 4,148.75 75.00 125.00 648.75 143.00 46.50 354.00 121.05 22,475.00 17,935.00 850.00 324.14 1,608.51 871.00 300.00 972.18 2,283.75 35.00 463.03 26 TRANS NBR 392398 392399 392400 392401 392402 392403 392404 392405 392406 392407 392408 392409 392410 392411 392412 392413 392414 392415 392416 392417 392418 392419 392420 392421 392422 392423 392424 392425 392426 392427 392428 392429 392430 392431 392432 392433 392434 392435 392436 392437 392438 392439 392440 392441 392442 392443 392444 392445 392446 392447 392448 392449 392450 392451 392452 392453 392454 392455 392456 392457 DATE 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 VENDOR AMOUNT CDA SOLUTIONS INC 716.42 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 560.34 HYDROMAX USA LLC 17,827.23 RUSSELL L OWEN III 275.00 COVERALL NORTH AMERICA INC 2,230.00 DEBBIE CARSON 75.00 ROBERT 0 RICHARDSON III 225.00 WILLIS SPORTS ASSOCIATION INC 1,402.18 COLE AUTO SUPPLY INC 720.01 INNOVATIVE CONCEPTS LLC 517.61 IDSC HOLDINGS LLC 2,763.33 KONICA MINOLTA BUSINESS SOLUTIONS 133.50 BETH NOLAN 105.00 CORNERSTONE CHRISTIAN CHURCH 120.00 RELX INC 400.00 ENVIRONMENTAL OPERATING SOLUTION INC 8,097.25 CORE & MAIN LP 42,264.20 ABISCOM INC 1,093.21 ACTION RENTALS VRB LLC 2,066.58 JOSEPH LORINO 75.00 DIRECTV GROUP INC 52.06 AAG LIVE INC 1,241.79 RAMONA MURPHY 42.00 AMAZON CAPITAL SERVICES INC 4,225.78 VERONIQUE ORY STURIALE 30.00 ALL RITE WATER PURIFICATION INC 5.04 AMERIGAS PROPANE LP 416.64 JOHN J DRISCOLL 275.00 DAVID MIKE 75.00 JORDAN POWER EQUIPMENT CORP 801.33 CIT BANK NA 372.42 JAMES ROMANEK 150.00 ARCHIVE SOCIAL INC 4,788.00 MICHAEL DUNLEAVY 150.00 LOGAN PERALTA 4,650.00 DIOGO LIRA 75.00 MULLINAX FORD OF VERO BEACH 444.90 JUDITH A BURLEY 47.50 LINDSEY GARDENS 681.00 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,369.69 JENNIFER D JAMES 150.00 PIERCE BENDER 350.00 CUBIC CORPORATION & SUBSIDIARIES 850.00 INVASIVE PLANT ERADICATORS LLC 751.91 RICK CHEER 5.00 MT CAUSLEY LLC 27,478.00 WOLSELEY INVESTMENTS INC 912.50 BLUE GOOSE CONSTRUCTION LLC 3,732.72 BLUE GOOSE CONSTRUCTION LLC 8,219.87 STAPLES INC 1,579.53 LOWES COMPANIES INC 2,799.84 PEOPLEREADY INC 1,182.40 NAUTICAL OUTFITTERS CORP 18,356.00 CHRIS ZAVESKY 300.00 BISSINO CONSTRUCTION CO INC 7,200.00 KEYENCE CORP OF AMERICA 165.75 DEX IMAGING LLC 102.06 JEFFREY ALAN BRAUER 250.00 BRIAN M LEWIS & TAMMIE R LEWIS 500.00 RIVER GONZALEZ 150.00 27 TRANS NBR 392458 392459 392460 392461 392462 392463 392464 392465 392466 392467 392468 392469 392470 392471 392472 392473 392474 392475 392476 392477 392478 392479 392480 392481 392482 392483 392484 392485 392486 392487 392488 392489 392490 392491 392492 392493 392494 392495 392496 392497 392498 392499 392500 392501 392502 392503 392504 392505 392506 392507 392508 392509 392510 392511 392512 392513 392514 392515 392516 392517 DATE 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 VENDOR CLAIRE K LENARD FLORIDA KALANIT 770 LLC ROBERT A HUDSON MG HEINE VERO LLC UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL/REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 67.08 57.28 75.00 88,383.28 70.99 41.11 142.38 20.89 38.62 32.55 36.12 79.82 35.35 13.47 93.12 80.09 149.24 14.20 46.05 69.22 10.35 74.10 72.17 79.67 72.47 2.94 5.44 11.89 34.72 76.93 12.91 68.96 45.68 71.83 74.56 42.18 29.88 28.04 83.18 53.01 98.64 54.24 38.20 45.05 40.80 32.87 13.90 74.86 44.82 51.04 78.49 47.53 54.71 141.23 80.53 44.66 83.21 77.09 218.60 2.87 28 TRANS NBR 392518 392519 392520 392521 392522 392523 392524 392525 392526 392527 392528 392529 392530 392531 392532 392533 392534 392535 392536 392537 392538 392539 392540 392541 392542 392543 392544 392545 392546 392547 392548 392549 392550 392551 392552 392553 392554 392555 392556 392557 392558 392559 392560 392561 392562 392563 392564 392565 392566 392567 392568 Grand Total: DATE 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 VENDOR AMOUNT UTIL REFUNDS 81.22 UTIL REFUNDS 80.87 UTIL REFUNDS 71.93 UTIL REFUNDS 73.02 UTIL REFUNDS 40.80 UTIL REFUNDS 46.35 UTIL REFUNDS 57.59 UTIL REFUNDS 55.38 UTIL REFUNDS 52.36 UTIL REFUNDS 46.60 UTIL REFUNDS , 74.84 UTIL REFUNDS 68.32 UTIL REFUNDS 52.14 UTIL REFUNDS 43.82 UTIL REFUNDS 81.39 UTIL REFUNDS 64.61 UTIL REFUNDS 47.47 UTIL REFUNDS 18.72 UTIL REFUNDS 2.37 UTIL REFUNDS 73.79 UT1L REFUNDS 81.08 UTIL REFUNDS 93.98 UTIL REFUNDS 55.77 UTIL REFUNDS 86.68 UTIL REFUNDS 65.04 UTIL REFUNDS 71.06 UTIL REFUNDS 56.48 UTIL REFUNDS 78.79 UTIL REFUNDS 57.67 UTIL REFUNDS 14.79 UTIL REFUNDS 12.85 UTIL REFUNDS 25.30 UTIL REFUNDS 25.52 UTIL REFUNDS 32.55 UTIL REFUNDS 11.50 UTIL REFUNDS 44.58 UTIL REFUNDS 68.38 UTIL REFUNDS 66.87 UTIL REFUNDS 98.68 UTIL REFUNDS 7.55 UTIL REFUNDS 74.00 UTIL REFUNDS 91.39 UTIL REFUNDS 88.60 UTIL REFUNDS 18.60 FLORIDA WATER & POLLUTION CONTROL 405.00 ETTA LOPRESTI 163.00 RACHEL IVEY 318.70 FLORIDA SECTION AMERICAN WATER WORKS 190.00 RACE TO SAFETY TRAINING LLC 545.00 QUINTIN BERGMAN 652.81 BRIAN SULLIVAN 633.28 1,040,892.17 29 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 900333 02/20/2020 900334 02/20/2020 900335 02/20/2020 900336 02/20/2020 Grand Total: VENDOR RIVER PARK ASSOCIATES LIMITED AMAZON CAPITAL SERVICES INC STAPLES INC SONRISE APARTMENT PROPERTIES LLC AMOUNT 502.00 55.98 37.98 2,298.00 2,893.96 30 TRANS. NBR 1016240 1016241 1016242 1016243 1016244 1016245 1016246 1016247 1016248 1016249 1016250 1016251 1016252 1016253 1016254 1016255 1016256 1016257 1016258 1016259 1016260 1016261 1016262 1016263 1016264 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 02/19/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 02/20/2020 VENDOR AMOUNT OFFICE DEPOT INC 3,091.31 COLD AIR DISTRIBUTORS WAREHOUSE 668.18 INDIAN RIVER BATTERY 1,537.40 INDIAN RIVER OXYGEN INC 2,256.50 WATER SAFETY PRODUCTS INC 233.60 GALLS LLC 42.84 MEEKS PLUMBING INC 265.49 ABCO GARAGE DOOR CO INC 682.75 ALLIED UNIVERSAL CORP 4,976.02 IRRIGATION CONSULTANTS UNLIMITED INC 122.99 GROVE WELDERS INC 818.17 RECORDED BOOKS LLC 470.00 FIRST HOSPITAL LABORATORIES INC 984.50 THYSSENKRUPP ELEVATOR CORPORATION 1,344.00 COMPLETE ELECTRIC INC 784.42 RECHTIEN INTERNATIONAL TRUCKS 2,190.98 METRO FIRE PROTECTION SERVICES INC 420.00 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 144.87 AUTO PARTNERS LLC 741.37 L&L DISTRIBUTORS 461.22 STAT MEDICAL DISPOSAL INC 650.00 GUARDIAN ALARM OF FLORIDA LLC 85.00 NEXAIR LLC 56.80 EFE INC 2,863.21 TOSHIBA AMERICA BUISNESS SOLUTIONS INC 134.64 26,026.26 31 TRANS NBR 7451 7452 7453 7454 7455 7456 7457 7458 7459 7460 7461 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 02/14/2020 02/14/2020 02/14/2020 02/14/2020 02/18/2020 02/18/2020 02/18/2020 02/18/2020 02/20/2020 02/20/2020 02/20/2020 VENDOR KIMLEY HORN & ASSOC INC RX BENEFITS INC NATIONAL METERING SERVICES INC WRIGHT EXPRESS FSC HUMANE SOCIETY SCHOOL DISTRICT OF I R COUNTY SENIOR RESOURCE ASSOCIATION IRS -PAYROLL TAXES RX BENEFITS INC THALLE CONSTRUCTION CO INC CHARLES E GARRIS PA AMOUNT 3,000.00 2,218.56 132,973.06 22,695.34 49,700.00 116,268.00 562,407.81 9,083.43 227,453.13 497,642.66 480,441.64 2,103,883.63 32 8C INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Scott Rodriguez; Senior Planner, Current Development DATE: February 25, 2020 SUBJECT: GRBK GHO Arabella Reserve, LLC's Request for Final Plat Approval for a Subdivision to be known as Arabella Reserve [SD -18-01-02 / 2003060207-84550] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 3, 2020. DESCRIPTION & CONDITIONS: Arabella Reserve is a single-phase conventional 71 -lot single-family subdivision on 26.42 acres (after ROW dedication). The project site is located at the southeast corner of the 58th Avenue/ 49th Street intersection, is zoned RS -6, Residential Single -Family (up to 6 units/ acre), and has an M-2, Medium -Density Residential -2 (10 units/ acre) land use designation (see Attachment 1). The subject site is vacant and has never been previously developed. The density for Arabella Reserve is 2.68 units per acre. The final plat application is on file with the Planning Division. On May 10, 2018, the Planning and Zoning Commission (PZC) granted preliminary plat approval for Arabella Reserve. After preliminary plat approval, the developer obtained a land development permit, constructed the subdivision improvements, and obtained a Certificate of Completion from Public Works. The applicant has submitted a final plat in general conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for Arabella Reserve. ANALYSIS: All of the required improvements for Arabella Reserve have been completed and inspected, and a Certificate of Completion was issued on February 24, 2020. All improvements (stormwater tracts, landscape tracts, roadways) will be private, with the exception of certain utility facilities which will be dedicated to and guaranteed to Indian River County after plat recordation as required by the Utility Services Department. All requirements of final plat approval have been satisfied. 33 RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Arabella Reserve. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 34 0 392100010 9TH ST (LINDSEYRD 32392100001011000004. Subject Site (V1 32392100001012000008.0 32392000001001000001.0 fD (AMM SJNI)I) AV HIS 1-1 32392000001009000001.0 2000001009000002.0 Attachment 1 PLAT BOOK 9VZ16 'd 0 ara'd Scu Od 00VZ '00 S ILIVd 83A18 8M41,11 .2sM a ��w Wfs gg a� X3 �w 3z OOSz oo �c g ~a �z_ Eoo 08,W os60 sex 4 0 me Yi r- L1J_ 8 Z.20, 1 r U 25, Wd3.Iro maw, tYf 8119 35359 J 3 134111 r iy MA J - O 8 8 8 8 s 0 8 8 8 8 8 8 8 8 8 8 8 9 8 8 h 9 5 tr 8 r=88988883 "5 S18.X=8m ��^==��:sR8� n _8�„ac ^e g 18 Sr,^o8 $'' :a V A? las NAmh� a � 3 s n.R. a10 s5n8 h 8 8Z S rD IR iiiili 'z s F,r� ir''z$ 9 R 8z''t'tgl'i N 8 A 8 I.0• 88888888 . . = •8X• • '8 ."8.8 ..214.3 EN!EE!oe-sps"min $ P« R ze m A . m. §g§g'; S P S t 688$.$88$88$$$8888$88 -.-8_21mm82o 8" A 8 8$$$ e'a'arA 8 8 25'9i y38 5 n 6 F^ a 8 n n 6 e m N o <, v 888888888888885888888 §jr." 8m8aamm8 q.6.6 m.�g71gA i989888s88"%8.ti8^8888'8 5 8 r=88988883 .s:48 ^e A'.1 Sr,^o8 $'' o n < A' A,^8..=_ y- �”. . - 883 -.,A �R�rRn h 8 8Z 6 z .-ii 'z s F,r� r^�n 8 9 R E A N 8 A 8 88888888 8888888888 $ P« R ze m R lt m A . m. 6 S P S t .1 $ 8$ 8" A 8 8$$$ 8 8 8 8 8$$ 8 5 N it a 8 = $ @ ' g a AL'8 888888888888885888888 §jr." 8m8aamm8 m.�g71gA g� 9995895 t;5$O 7-: cu a cc E5 14, gi G � -- � romrdc SCITOd 00,Z 110 00 SWHVO 830181101081 83 o' ¢ c L. zo w i ern o' O W N O O � ¢ N ~ O OJ x Z j d to 7 U 2 WO � m 0 a m 0 LL a = w N LL W > o j ^ o v , � Wz¢ o 1W H2' r7az C U Z> F m y O Z W o No �o LL z Z w J g ogz J a83 o N w o h W o Nog LU W COW' owo h Q Q W U N � /y/ _ r% Y LL o w � m m m _ O a -",„A o Viz.° � 0 g m sK 0 6 na p' it 8 s a 0tI It TXl*me---t-� 4 §b AUX 14 00.00 $ 010 y1/,HAO ��,3 ' .0001 '1'd800 0008 ¥0 -1R Mfg6I 000011 - 6/8 7181 { 6/8 AS 310 9195 00 .00056 .6.19,9105 •:,Li "01 13060 300 1581 .1086Lt 6.19.9105 s F ER .0 p 8 S 10 g. -nV6' meet. gt^ N g 6::=Ri.iF•EF W sg w w u•';':§ q:s7,11:-.; .i 71 " Egad„.1?gs, �m5:ki r✓W g - 0 $ 0 $ R $ $ $ 8 $ 0 $ g omav•n0N-a-0ig g6666$a6"a?egii r„IAN Wrive Table L DELTA ICH. BEARING CH. IEHCTH -nV6' meet. gt^ a RR joWWW s$:^ W� n weW 5g �' �m5:ki r✓W LE LENCRI RADIUS g0g00 'g0g'g'00 -X-6; r„IAN ;°0000^001,10000-0 0000000 J V:0 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Baskins, Staff Assistant IV Department of Emergency Services DATE: February 4, 2020 SUBJECT: Approval of Renewal for a Class "A" Certificate of Public Convenience And Necessity for Indian River Shores Department of Public Safety 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: On March 6, 2018, the Indian River County Board of County Commissioners approved a renewal of Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety to provide BLS/ALS Emergency Medical Services originating within Indian River Shores. This certificate was necessary in order to comply with Indian River County Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and will expire April 15, 2020. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "A" certificate has been submitted by Indian River Shores Department of Public Safety. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There is no funding required for this item. , 38 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety, to be effective for a period of two (2) years from April 15, 2020 to April 15, 2022. ATTACHMENTS: 1. Renewal Application from Indian River Shores Department of Public Safety. 39 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Indian River Shores Public Safety DATE: 2/2/20 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. This is a renewal of our present COPCN. ❑ This is a renewal of our present COCPN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A PI ❑BLS n✓ ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B 0 OBLS LJALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C 0 ❑BLS LJALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D 0 EIBLS IALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E 0 [lWheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class El 0 IIWheelchair Wheelchair/Stretcher QAmbulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. 40 II. COMPANY DETAILS 1. NAME OF AMBULANCE SERVICE: Indian River Shores Public Safety MAILING ADDRESS: 6001 Highway AIA CITY Indian River Shores COUNTY Indian River ZIP CODE: 32963 BUSINESS PHONE: 772-231-2451 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): Municipality• 3. MANAGER'S NAME: Richard Rosell, Director ADDRESS: 6001 Highway AIA Indian River Shores FL 32963 PHONE #: 772-231-2451 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME N/A ADDRESS POSITION 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # N/A 41 6. FUNDING SOURCE: Tax Based Municipality 7. RATE SCHEDULE ATTACHED? YES NO D N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: Base Station Only 6001 Highway A1A Indian River Shores, FL 32963 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION Cleveland Clinic Indian River Hospital Sebastian River Medical Center Lawnwood Regional Medical Center 42 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN# d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical. Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Including: Service Type, Base Rate, Mileage, Waiting and Special Charges 43 v. NOTARIZED STATEMENTS Fill in Statements as applicable. E or El APPLICANTS I, , the representative of Applicant Name , do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS 1, Richard Rosell , the representative of Applicant Name Indian River Shores Public Safety , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS 1 further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and .that to the best of my knowledge, all statements on this application are true and correct. APPLICANT SIGNATURE DATE Before me personally appeared the said who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this day of , 201_. My commission expires: NOTARY PUBLIC 44 Consent INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: February 10, 2020 SUBJECT: Approval of Resolution Adopting the Updated 2020 Indian River County Unified Local Mitigation Strategy On July 7, 2015, Indian River County's Updated Unified Local Mitigation Strategy was adopted by Resolution No. 2015-078. The Federal Emergency Management Agency regulations require that all hazard mitigation plans be reviewed and updated as appropriate, and resubmitted to FDEM for approval within five (5) years. In order to continue to be eligible for the following mitigation grant programs administered by FEMA: Hazard Mitigation Grant Program (HMGP), Pre -Disaster Mitigation Competitive (PDM -C), Flood Mitigation Assistance (FMA), Repetitive Flood Claims Program (RFC) and Severe Repetitive Loss Pilot Program (SRL), local governments must have an FDEM/FEMA approved hazard mitigation plan in order to apply for and/or receive project grants. FDEM staff has reviewed and approved our updated plan and has determined that the Indian River County hazard mitigation plan is compliant with federal standards, subject to formal community adoption. Formal adoption of this plan by each municipality must also occur within one calendar year of receipt of FDEM's "Approval Pending Adoption." Upon submittal of a copy of all participating jurisdictions' documentation of their adoption resolutions, FDEM will send all necessary documentation to the Federal Emergency Management Agency (FEMA) who will issue formal approval of the Indian River County Local Mitigation Strategy. FUNDING: No funding was required to update Indian River County's Unified Local Mitigation Strategy. RECOMMENDATION: Staff recommends approval of the attached Resolution and the updated 2020 Indian River County Unified Local Mitigation Strategy. Staff also requests authority to forward the revised LMS plan to each municipality for their formal approval. 45 ATTACHMENTS: 1. Resolution adopting the updated 2020 Indian River County Unified Local Mitigation Strategy. 2. Copy of Approval Letter from FDEM. **Due to its size, the 2020 Plan is on file at the Department of Emergency Services and the Board of County Commissioners Office.** 46 RESOLUTION NO. 2020 - A Resolution of the Board of County Commissioners of Indian River County, Florida, Approving the 2020 Revised Indian River County Unified Local Mitigation Strategy WHEREAS, on July 7, 2015, Indian River County's updated Unified Local Mitigation Strategy (LMS) was adopted by the Board of County Commissioners via Resolution No. 2015- 078; and WHEREAS, the Federal Emergency Management Agency (FEMA) requires that all Hazard Mitigation plans must be reviewed and updated as appropriate, and resubmitted to Florida Division of Emergency Management (FDEM) for approval within five (5) years; and WHEREAS, staff has reviewed and approved Indian River County's hazard mitigation plan and determined that it is compliant with federal standards and is now ready for approval by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: 1. The updated Unified Local Mitigation Strategy (a copy of which is located in the Clerk to the Board's Office) is hereby adopted as the official document for inclusion in the State- wide Hazard Mitigation Strategy. The 2020 Revised Indian River County Unified Local Mitigation Strategy Plan will be forwarded to each municipality for their formal approval. The Resolution was moved for adoption by Commissioner . The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chair thereupon declared the Resolution duly passed and adopted this day of 2020. BOARD OF COUNTY COMMISSIONERS Attest: Jeffrey R.Smith, Clerk INDIAN RIVER COUNTY, FLORIDA and Comptroller By: By: Deputy Clerk_ - _ __ _ _. Susan Adams, Chairman Approved: Approved as to form and legal sufficiency: By: By: Jason E. Brown Dylan Reingold County Administrator County Attorney 47 Si= CONSENT AGENDA: 3/3/20 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 17, 2020 SUBJECT: Release of Demolition Lien (Lots 6 and 7, Block 6, Spruce Park Subdivision) On August 3, 1998, Indian River County recorded a demolition lien in the amount of $2,957.54 against Lots 6 and 7, Block 6, Spruce Park Subdivision, which property was titled in the name of Tessie Lee Gordon. The property currently is titled in the name of Charles H. Gordon, and on October 22, 2019 the Board of County Commissioners waived the interest on that lien so long as $2,957.54 was paid within 120 days. Those funds were timely received on February 14, 2020. Attached for the Board's consideration is a Release of Lien. FUNDING: Funds received in the amount of $2,967.54 (representing the lien amount of $2,957.54, and the $10.00 recording fee for the Release of Lien) have been deposited into MSTU Fund/Building Demolition Liens Revenue Account No. 004038-369092. It is noted that the recording fee of $10.00 will be applied against this account. REQUESTED ACTION: Authorize the Chairman to execute the Release of Lien for recordation in the Public Records of Indian River County, Florida. nhm Attachment: Release of Lien 48 This document was prepared by: Office of Indian River County Attorney 1801 27th Street Vero Beach, FL 32960 772-226-1425 RELEASE OF LIEN FOR AND IN CONSIDERATION of certain sums paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereby releases Tessie Lee Gordon and the below described property from that certain Lien for removal of nuisance structures recorded in Book 1224, Page 883 as well as that certain Certificate of Building Official, recorded in Book 1199, Page 1605, of the Public Records of Indian River County, Florida: Lots 6 and 7, Block 6, SPRUCE PARK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 1, Page 80, of the Public Records of Indian River County, Florida. Parcel No. 32-39-26-00005-0060-00006.0 EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, this day of March, 2020. BOARD OF COUNTY OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman BCC approved: March 3, 2020 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of March, 2020 by Susan Adams, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC printed name: Commission No.: Commission Expiration: Approved as to form and legal sufficiency: Dylan Reingold County Attorney 49 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Quintin Bergman, M.S., Environmental Specialist SUBJECT: Work Order No. 5 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County DATE: Friday, February 14, 2020 BACKGROUND AND DESCRIPTION On October 10, 2017 the Board approved a continuing services contract with Ecological Associates Inc., (EAI) for environmental and biological support services for a two year term, through October 10, 2019. On October 15, 2019 the Board approved a renewal of the continuing services contract with EAI for environmental and biological support services for another two year term, through October 15, 2021. EAI is the selected consultant for professional environmental services related to the County sea turtle Habitat Conservation Plan (HCP). The HCP requires the County to coordinate continuous sea turtle nest monitoring with local stakeholders and/or property managers annually from March 1— October 31. The proposed Work Order No. 5 provides biological monitoring services relative to sea turtle nest monitoring and reporting along approximately 10 miles of intermittent shoreline from FDEP R- 17 -R38 and R86 -Southern County Line. Since 2010, the northern shoreline has been monitored by the County as a result of beach nourishment permitting requirements and the southern shoreline by volunteers under direction from staff. The upcoming 2020 nesting season represents the immediate post -construction monitoring required by the Sector 5 Beach nourishment project. Sea turtle monitoring is required under the County's Habitat Conservation Plan for Sea Turtles, and will still need to be completed to prevent interruptions in the County's long-term data collection effort and to remain compliant with the HCP Incidental Take Permit. To stay compliant with the HCP and minimize costs, staff will conduct survey two times per week throughout the nesting season. Work Order No. 5 services will be performed by the consultant at a fixed rate cost not to exceed $82,461.75 for sea turtle monitoring and reporting. 50 Page 2 BCC Agenda Item for March 3, 2020 HCP Sea Turtle Nest Monitoring February 14, 2020 FUNDING Local funding for implementing the County's HCP is budgeted through the Beach Restoration Fund which includes a portion of Local Option Tourist Tax Revenue. Funding for Work Order No. 5, in the amount of $82,461.75 is budgeted and available in Other Professional Services Account No. 12814472-033190-99007. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 5 to the contract with Ecological Associates, Inc. in the amount of $82,461.75, and authorize the Chairman to sign on behalf of the County. ATTACHEMENT Ecological Associates Inc., Work Order No. 5 Attachment B APPROVED AGENDA ITEM FOR: March 3, 2020. 51 Mr. Quintin Bergman Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 Dear Mr. Bergman: 1 1� ECOLOGICAL ASSOCIATES, INC. February 18, 2020 Ecological Associates, Inc. (EAI) is pleased to submit its revised Cost Proposal and Scope of Work for providing professional environmental services to Indian River County. All conditions related to this proposal shall be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services with the County renewed October 15, 2019. The new task is for sea turtle monitoring along approximately 10 miles of beach in support of the County's Habitat Conservation Plan during the 2020 sea turtle nesting season, as described in the Scope of Work presented below. This monitoring will provide baseline data for future beach nourishment projects and support long-term monitoring efforts for sea turtles along the County's beaches. Scope of Work: A. Project Management (Task 1). The Survey Area consists of an approximately 3.9 -mile northern section (FDEP R-17 to R-38) and an approximately 6.3 -mile southern section (R-86 to the Indian River/St. Lucie County Line). Pre-existing survey zone boundaries will be verified and re- marked, and project -specific data sheets and a database will be created. An EAI project manager will oversee all fieldwork and data management operations and consult with the County on monitoring requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. B. Sea Turtle Nesting Surveys and Data Management (Task 2). Daily morning sea turtle nesting surveys will be conducted beginning March 1, 2020 and will continue uninterrupted through September 30, 2020. Thereafter, surveys will be performed three days per week until the last marked nest has been evaluated. 52 Ecological Associates, Inc. — Cost Proposal and Scope of Work 2 Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff or Indian River County staff/volunteers either on foot or using ATVs (Indian River County staff have agreed to perform the nesting surveys two days per week through September 30 in the southern survey area and then one day per week thereafter). All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email to Indian River County so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. State and Federal Authorizations. All sea turtle monitoring and related_ activities will be performed under FWC Marine Turtle Permit #20-261 issued by FWC to EAI Director of Operations, Niki Desjardin. All persons engaged in monitoring for Indian River County will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Monthly summary reports will be furnished to Indian River County. These reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to the County on the last day of the month following delivery of services (e.g., March report due no later than April 30). 53 Ecological Associates, Inc. — Cost Proposal and Scope of Work C. Nest Marking and Monitoring (Task 3). A representative sample of nests will be marked for determination of nest fate and reproductive success (not to exceed 250 nests total in the entire Survey Area). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). D. Nest Protection (Task 4). EAI will barricade and protect sea turtle nests deposited in areas of concern designated by the County. Nests will be conspicuously marked for avoidance with a series of stakes and surveyor's tape and be monitored throughout the season. These nests will not be excavated for reproductive success purposes. Nest protection will be billed at $25.00 per nest (EAI estimates 60 total nests requiring protection). E. Reporting (Task 5). EAI will prepare the marine turtle permit -required Index Nesting Beach Survey (INBS), Statewide Nesting Beach Survey (SNBS), and Nest Productivity Assessment (NPA) reports for this project and submit to the County and FWC, as mutually agreed upon. F. Data QA/QC Coordination (Task 6). EAI staff will provide initial QA/QC to all County staff/volunteers at the beginning of the nesting season and follow-up QA/QC throughout the nesting season. EAI will submit its monthly billings for the services described above to Indian River County in accordance with the fees and schedules set forth in Attachments A and B. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity to be of continued service to Indian River County. Should you have any questions regarding the enclosed Scope of Work or associated costs, I can be reached at (772) 334-3729. Sincerely, N1A; Niki Desjardin 54 Ecological Associates, Inc. — Cost Proposal and Scope of Work 4 Director of Operations c: Stan DeForest/President 55 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 REVISED COST PROPOSAL — February 18, 2020 PROJECT NAME: Indian River County HCP Sea Turtle Monitoring Program - 2020 (Project No. 20-3020) CLIENT: Mr. Quintin Bergman Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 Phone: (772) 226-1569 Email: qbergman@ircgov.com PROJECT DESCRIPTION: Sea turtle monitoring and ancillary professional services along approximately 10 miles of beach in support of Indian River County's Habitat Conservation Plan, as described in EAI's Scope of Work dated February 18, 2020. PROJECT DURATION: March 2020 — December 2020. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task North HCP Area - Task Description Cost la Project management $1,620.00 2a Sea turtle monitoring and data management (240 days) $34,976.25 3a Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate; estimate 125 nests at $62.20/nest) $7,775.00 4a Nest protection (not to exceed 10 nests) $250.00 5a Reporting $924.00 Task South HCP Area - Task Description Cost lb Project management $1,620.00 2b Sea turtle monitoring (174 days) and data management (240 days) $23,583.75 3b Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate; estimate 125 nests at $62.20/nest) $7,775.00 4b Nest protection (not to exceed 50 nests) $1,250.00 5b Reporting $924.00 6 Data QA/QC Coordination $1,763.75 TOTAL $82,461.75 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support 56 Ecological Associates, Inc. — Cost Proposal and Scope of Work Services renewed on October 15, 2019. 57 ATTACHMENT B Total 0 o vo 69 $ 34,976.25 0 tri N 69 0 o N 64 $ 924.00 71 4., 000 A 0 Un $ 1,620.00 0 L!1 r‘i r M 69 $ 103.75 0 O O� N I" - `O 64 0 O N O kr)N 69 0 O kr) 69 $ 664.00 0 0 O N 69 0 0 VD 69 a+ M 601.25 N 125 3.75 O 00 N •0O Rate 0 0 0 N 69 $ 58.00 $ 83.00 0 O 00 69 0 o «i N 69 0 0 r N 69 $ 83.00 $ 100.00 $ 120.00 Position Project Manager Field Tech I -I 0 00 as Field Tech Fixed Rate Fixed Rate h-1 a 0 a Senior Scientist I Project Manager Task Description Project Management Sea Turtle Monitoring and Data Management Nest Marking and Monitoring Equipment Nest Protection bA Q t O O. O ai Task No. et N M Reporting M ea G E� $ 1,620.00 tri N ri 0o t„,..;, N 69 o o e i t- t,, t - 69 O O o kr) N .--. 69 $ 924.00 vl'. N ri vo l^ — 69 71 c 0 0 ON 69 $ 23,272.50 $ 311.25 0 0 0 VD N 69 0 0 eri N 69 0 0 0 N 69 0 0 VD 69 0 0 0 N 69 0 0 0 69 kr) r-- VD t 69 Units 13.5 401.25 3.75 cc) N .--i OS 00 N Lin O VI N_ • N ;? 00 O N 69 0 0 06 69 $ 83.00 0o V') 69 0 r' N 69 $ 25.00 $ 83.00 00 O O 69 $ 120.00 $ 83.00 Position Project Manager Field Tech )--I oO 0 PO Field Tech Fixed Rate Fixed Rate '-y 0 Senior Scientist I Project Manager II 0 0 Task Description Project Management Sea Turtle Monitoring and Data Management Nest Marking and Monitoring Equipment Nest Protection Reporting Data QA/QC Coordination Task No. .- N 0 69 Grand Total Indian River County, Florida Department of Utility Services Board Memorandum Date: February 20, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Elliese Shaughnessy, El, Utilities Design Engineer Subject: Permission to Advertise for Modification to County Code Section 201.64 and 201.65 Background/Analysis: On March 13, 2007, the Board of County Commissioners (BCC) approved an Industrial Pretreatment Program (IPP) that was required by the Florida Department of Environmental Protection (FDEP) and the Federal Clean Water Act. The IPP monitors local industries that fall within the regulated categorical industrial users of the County's wastewater sewer collection system. On August 21, 2019, the FDEP put into effect a rule titled "Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine". It prohibits healthcare facilities and reverse distributors from discharging hazardous waste pharmaceuticals into a publicly -owned sewer system. The attached amendment to the IPP, County Code Section 201.64 (Definitions; construction and interpretation) will define "hazardous waste pharmaceutical", "healthcare facilities", "pharmaceutical", and "reverse distributors". The amendment to the IPP, County Code Section 201.65 (Prohibited discharge standards) includes prohibition of pharmaceuticals into the County's sewer system. Changes in the code are underlined. Recommendation: Staff recommends that the Board of County Commissioners authorize a Public Hearing for an amendment to Section 201.64 and Section 201.65, and toauthorize staff to advertise for the public hearing. Attachment: 1. Proposed Changes for Section 201.64 2. Proposed Changes for Section 201.65 59 Proposed changes to Section 201.64 Section 201.64. - Definitions; construction and interpretation. (A) Unless the context specifically indicates otherwise, the meaning of the following terms used in this part shall be defined as follows: (1) Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq. (2) Approval authority: The State of Florida Department of Environmental Protection ("FDEP"). (3) Best management practices or "BMPs" mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in subsections 62-625.400(1)(a) and (2), F.A.C. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or Teaks, industrial sludge or waste disposal, or drainage from raw materials storage. (4) Categorical industrial user means an industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C., including 40 CFR Chapter I, Subchapter N, Parts 405 through 471, as of July 1, 2009, hereby adopted and incorporated by reference. (5) Categorical pretreatment standards: Any regulation containing pollutant discharge limits promulgated by U.S. Environmental Protection Agency in accordance with Sections 307(b) and (c) of the Act that apply to a specific category of users and appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. (6) Control authority: The agency, service, organization or authority with the responsibility of control of the industrial pretreatment program. (7) Cooling water: The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. (8) Daily maximum: The arithmetic average of all effluent samples for a pollutant collected during a calendar day. (9) Director means the director of the county's department of utilities services or the director's designee. (10) Domestic wastewater: Wastewater derived principally from dwellings, business buildings, institutions, and other non -industrial sources. (11) Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, or other duly authorized official, of such agency. (12) Existing source: Any source of discharge, the construction or operation of which began before publication by EPA of proposed categorical pretreatment standards, and to which categorical pretreatment standards will be applicable if the categorical pretreatment standard is thereafter promulgated in accordance with Section 307 of the Act. (13) Grab sample: A sample that is taken from a waste stream without regard to the flow in the waste stream and taken over a time period not to exceed fifteen (15) minutes. 60 (14) Hazardous waste pharmaceutical: a pharmaceutical that is a solid waste, as defined in Title 40 of the Code of Federal Regulations (40 CFR) section 261.2, and exhibits one or more characteristics identified in 40 CFR part 261 subpart C or is listed in 40 CFR part 261 subpart D. (15) Healthcare facility: any person that is lawfully authorized to: a) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or b) Distribute, sell, or dispense pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third -party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians' offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long- term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. Healthcare facility does not include pharmaceutical manufacturers. (16) Indirect discharge or discharge: the introduction of pollutants into the publicly -owned treatment works from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. (17) Industrial user: Any user other thana domestic wastewater user. (18) Industrial wastewater: Any discharge to the POTW other than segregated domestic wastes or wastes from sanitary conveniences. (19) Instantaneous maximum allowable discharge limit: The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. (20) Interference: A discharge that, alone or in conjunction with a discharge or discharges from other sources, both: (a) inhibits or disrupts the POTW, its treatment processes or operations, or its domestic wastewater residuals processes, use or disposal; and (b) is a cause of a violation of any requirement of the county's NPDES or FDEP permits (including an increase in the magnitude or duration of a violation), or prevents use or disposal of domestic wastewater residuals by the county in compliance with F.S. ch. 403 and FDEP rules. (21) Local Limit: Specific discharge limits developed and enforced by the county upon industrial or commercial facilities to implement the general and specific discharge prohibitions as referenced in Section 201.65 of this chapter and as listed in 40 CFR 403.5(a)(1) and (b). 61 (22) Medical waste: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. (23) Monthly average: The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. (24) New source: (a) Any building, structure, facility, or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards under. Section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (i) The building, structure, facility, or installation is constructed at a site at which no other source of discharge is located; (ii) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (iii) The production or wastewater generating processes of the building structure, facility, or installation are substantially independent of an existing source of discharge at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source shall be considered; (b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subparagraphs (a)(2) or (a)(3) above but otherwise alters, replaces, or adds to existing process or production equipment; or (c) Construction of a new source, as defined herein, has commenced if the owner or operator has: (i) Begun, or caused to begin as part of a continuous on-site construction program (a) any placement, assembly, or installation of facilities or equipment, or (b) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or (ii) Entered into a binding contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition. 62 (25) Pass through: The discharge through the publicly owned treatment works into waters of the state or of the United States in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the county's NPDES permits (including an increase in the magnitude or duration of a violation). (26) Person means any individual, partnership, limited liability company, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities. (27) Pharmaceutical: any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e -liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre -filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by Title 21 of the Code of Federal Regulations part 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non -empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. Pharmaceutical does not include dental amalgam or sharps. (28) Pollutant: Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, [as such terms are herein defined] toxicity, or odor). (29) POTW or publicly -owned treatment works: A "treatment works," as defined by Section 212 of the Act that is owned by Indian River County. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a treatment plant. (30) Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a Tess harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. (31) Pretreatment requirements: Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. (32) Pretreatment standards or standards: Prohibited discharge standards, categorical pretreatment standards, and Local Limits. (33) Prohibited discharge standards or prohibited discharges: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 201.65 hereof. 63 (34) Responsible corporate officer: (a) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or (b) The manager of one or more manufacturing, production, or operating facilities, provided, the manager: (i) Is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations; (ii) Is authorized to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; (iii) Can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; (iv) Has been assigned or delegated the authority to sign documents in accordance with corporate procedures. (35) Reverse distributor: any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third -party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor. (36) Septic tank waste: Any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (37) Significant industrial user: Any user of the POTW that is subject to categorical pretreatment standards; or a user that (a) discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, non -contact cooling and boiler blowdown wastewater); (b) contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (c) is designated as such by the county, on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. Upon a finding that an industrial user meeting criteria (2)(a) or (b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the county may, at any time, on its own initiative or in response to a petition received from an industrial user and in accordance with Rule 62- 625.500(2)(e), FAC, if applicable, determine that such industrial user is not a significant user. (38) Slug: Any discharge of any substance released in/or at a rate or concentration which, could cause a violation of the prohibited discharge standards. 64 (39) Slug discharge: Any discharge of a nonroutine, episodic nature, which has a reasonable potential to cause interference or pass through, or in any other way violate the wastewater facility's regulations, Local Limits or permit conditions. (40) Toxic pollutant: Any pollutant or combination of pollutants listed as toxic by the administrator of the Environmental Protection Agency under the provisions of Section 301(a) of the Act and listed in 40 CFR 401.15. (41) Treatment plant means that portion of a wastewater facility which is designed to provide treatment (including recycling and reclamation) of domestic and industrial wastewater. (42) Upset: An exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards adopted under this Part III or established as part of its wastewater discharge permit, due to factors beyond the reasonable control of the user, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operations thereof. (43) User or industrial user: A source of indirect discharge. (40) Wastewater: Industrial or domestic wastewaters from dwellings, commercial buildings, industrial facilities, and institutions together with any groundwater, surface water and stormwater that may be naturally present, whether treated or untreated, which is discharged into the POTW. (44) Wastewater discharge permit: Industrial wastewater discharge permit issued by the county to all significant industrial users pursuant to this part. (45) Wastewater standard parameters: (a) B.O.D. (biochemical oxygen demand): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees C., expressed in parts per million by weight, and determined by 40 CFR Part 136. (b) pH: the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution, as determined by 40 CFR Part 136. (c) ppm or mg/I shall mean parts per million, a ratio by weight, and interchangeable with milligrams per liter. (d) Suspended solids: The solids that either float on the surface of, or in suspension in, the wastewater, expressed in ppm, as determined by 40 CFR Part 136. (f)[(e)] Total solids: The total weight, expressed in ppm or mg/I, of all settleable suspended, or dissolved solids in the wastewater, as determined by 40 CFR Part 136. (B) This part shall be liberally construed to carry out effectively the intent and purpose of this part. Where any provision of Part III of Chapter 201 of the Code refers to or incorporates another provision, 65 statute, rule, regulation, or other authority, this part refers to the most current version, including and incorporating any amendments thereto or renumbering thereof. (C) For the purposes of administration and enforcement of this Part III of Chapter 201 of the Code, unless otherwise stated in this Part III, the following rules of construction shall apply to the text of this division: when not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular; words in the singular number include the plural; the terms "hereof", "hereby", "herein", "hereto", "hereunder" and similar terms refer to this part and this Part III of Chapter 201 of the Code. The word "shall" is always mandatory and not merely discretionary. The definitions set forth in Section 201.01 of this chapter are also applicable to this Part III. 66 Proposed changes to Section 201.65 Section 201.65. - Prohibited discharge standards. (A) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater that causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. (B) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: (1) Pollutants that create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed -cup flashpoint of less than 140. F° (60° C) using the test methods specified in 40 CFR 261.21; (2) Wastewater having a pH less than 5.5 or more than 9.5, or otherwise causing corrosive structural damage to the POTW or equipment; (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference; (4) Pollutants, including oxygen -demanding pollutants (B.O.D., etc.), released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the POTW; (5) Wastewater having a temperature greater than 140°F (60° C), or that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction to the treatment plant to exceed 104° F (40°C); (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; (7) Pollutantswhich result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (8) Trucked or hauled pollutants, except at discharge points designated by the county administrator in accordance with Section 201.72 of this ordinance; (9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into sewers for maintenance or repair; (10) Wastewater which imparts color that cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the county's NPDES permit; (11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;. (12) Sludges, screenings, or other residues from the pretreatment of industrial waste, unless permitted to do so; (13) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; 67 (14) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW; or (15) Fats, oils, or greases of animal or vegetable origin in concentrations greater than in Section 201.68 of this chapter; (16) Any hazardous waste pharmaceuticals from healthcare facilities and reverse distributors. (C) Pollutants, substances, or wastewater prohibited by this Section 201.65 shall not be processed or stored in such a manner that they could be discharged into the POTW. 68 Indian River County, Florida Department of Utility Services Board Memorandum Date: February 20, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Elliese Shaughnessy, El, Utilities Design Engineer Subject: First Amendment to the Agreement between Indian River County and Lost Tree Preserve, LLC Background: On August 15, 2017, the Board of County Commissioners (BCC) approved the Agreement between Indian River County, Florida and Lost Tree Preserve, LLC (Agre ment) for Lost Tree Preserve Planned Development (PD). The County agreed to reimburse a portion of the off-site force main and water mains that serve Lost Tree Preserve PD as detailed in the original Exhibits A, B, and C that totaled $150,317.23. The Agreement acknowledged future off-site utility improvements and the potential amendments to the Agreement. More specifically, it acknowledged the extension of the 8 -inch water main along 65th Street from Old Dixie Highway to the western limits of Lost Tree Preserve PD. The purpose of the First Amendment to the Agreement for Lost Tree Preserve PD is to provide the details and conditions of the reimbursement for the water main extension along 65th Street. The 8 -inch water main will be upsized to a 12 -inch and will be extended from the existing 12 -inch water main on 46thth Drive to tie into the existing 12 -inch water main on Old Dixie Highway. The County agrees to pay no more than $135,980.08 (33% of the total), as outlined in Exhibit D that is being amended to the original Agreement, after the water main is dedicated to the County. The total amount for the Agreement is now $286,297.31. The following summarizes the cost of the County of the initial Agreement and the 65th Street water main amendment. To date, a portion of the Agreement has been reimbursed, and the new remaining totals are shown below. Water Sewer Total Original Agreement $105,845.95 $44,471.28 $150,317.23 First Amendment $135,980.08 $44,471.28 $135,980.08 Total $241,826.03 $44,471.28 $286,297.31 To date, a portion of the Agreement has been reimbursed, and the new remaining totals are shown below. 69 Water Sewer Total Paid $ 35,430.48 $ 35,430.48 Remaining $206,395.55 $44,471.28 $250,866.83 69 Funding: Funding for this Agreement is derived from the Utilities Capital Fund. Utilities capital funds are generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. Name Account Number Amount Lost Tree Preserve — Water Line Extension 472-169000-17535 $241,826.03 Lost Tree Preserve — Sewer Line Extension 472-169000-17536 $ 44,471.28 Recommendation: Staff recommends approval of the First Amendment to the Agreement between Indian River County, FL and Lost Tree Preserve, LLC for Lost Tree Preserve Planned Development, reimbursing the developer as outlined in Exhibit D, and authorize the Chairman to execute the First Amendment on their behalf for $135,980.08. Attachments: 1. First Amendment to the Agreement for Lost Tree Preserve PD 70 FIRST AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND LOST TREE PRESERVE, LLC FOR LOST TREE PRESERVE, PD FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS FIRST AMENDMENT ("Amendment") to Agreement between Indian River County, Florida and Lost Tree Preserve, LLC for Lost Tree Preserve, PD ("Agreement") is made and entered into this day of , 2020, by and between Indian River County ("County") and Lost Tree Preserve, L.L.C. ("Developer"). WITNESSETH WHEREAS, the County and Developer entered into the Agreement dated August 15, 2017; and WHEREAS, the Developer, in conjunction with the construction improvements at Lost Tree Preserve PD, is providing water and wastewater facilities to the subject property located at 4250 65TH STREET, and more specifically described in Exhibit "A" to the Agreement; and WHEREAS, the Agreement acknowledged a future addition to extend the 8 -inch water main on 65th Street from Old Dixie Highway to the western limits of Lost Tree Preserve PD; and WHEREAS, the County and Developer agreed that the Developer will pay 67% of the construction costs of the water main that abuts Developer property (Lost Tree Preserve PD) with the County responsible for the balance 33%; and WHEREAS, the County agrees to the upsizing of the water main on 65th Street from 8 -inch to 12 -inch; and NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the County and Developer agree as follows: 1. Paragraph 1.C. of the Agreement shall be amended to read as follows: C. Developer shall extend a 12 -inch diameter water main from the existing 12 -inch diameter water main on the northeast corner of 46th Dr and 65th St along the north side of 65th St approximately 4,260 feet to the northwest corner of 65th Street and Old Dixie Hwy. The County shall reimburse the Developer pursuant to the provisions of Section 201.11, of the Code, for funds advanced by Developer to oversize the off-site facilities. County shall reimburse Developer in accordance with Exhibit "D" attached hereto for oversizing the off- site water main. The actual reimbursement amounts shall be based on Exhibit "D" but in no event shall the County's cost share exceed $135,980.08. The reimbursements shall -Page l - F:\UTIITI:S\UTILITY - ENGINEERING\PROJECTS - UTLLITY CONSTRUCTION PERMITS\65T14 ST OFFSITE WATER MAIN (HIGH POINTE SUBD) - UCP N 3480\ DEVELOPERS AGREEMENTWMENDMENT 2-13- 20201JOC 71 follow the schedule outlined below: 1. Off-site water main to be paid once completion of all necessary testing, acceptance of Florida Department of Environmental Protection (FDEP) Certification of Completion, and acceptance of the water main dedication to Indian River County Department of Utility Services (IRCDUS) per (IRCDUS) Water & Wastewater Utility Standards, March 2019 or latest edition. 2. Paragraph 1.D. shall be added to read as follows: D. The County and Developer acknowledge that additions to the Agreement will be necessary when future phases are contemplated. The 12" off-site water main and the 6" force main on 69th Street will be extended to the western limits of Lost Tree Preserve PD when future phases of the project are constructed. The County and the Developer agree that the Developer will pay 67% of the construction costs of the water main that abuts Developer property (Lost Tree Preserve PD) with the County responsible for the 33% balance. The 6" force main on 69th Street will be extended to the western limits of Lost Tree Preserve PD. The County and the Developer agree that the Developer will pay 67% of the construction costs of the force main that abuts its property with the County responsible for the 33% balance. The dollar value of these future required improvements will be determined at the time the corresponding phase of Lost Tree Preserve PD is proposed for construction. The payments and payment schedule under this paragraph 1.D will be consistent with paragraph 1.A and 1.B to the Agreement, as amended. 3. Exhibit "D" attached to this Amendment shall be incorporated into Agreement as Exhibit "D". 4. All other provisions of the Agreement shall remain in full force and effect. -Page 2 - 72 F:\UTILITIES\UTILITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS \65TH ST OFFSITE WATER MAIN (HIGH POINTE SUED) - UCP p 3480\DEVELOPERS AGREEMENT\AMENDMENT 2-I3- 2020DOC IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this First Amendment to Agreement as evidenced by their signatures below: Witness Signature DEVELOPER: Lost Tree Preserve, LLC By: Lost Tree Village Corporation It's Manager By: Witness Printed Name Charles M. Bayer, Jr., President Witness Signature Date: Witness Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2020, by Charles M. Bayer, Jr., President of Lost Tree Village Corporation, the Manger of Lost Tree Preserve, L.L.C., who is personally known to me or who has produced as identification. Notary Public Printed Name: Commission # Expiration Date BOARD OF COUNTY COMMISSIONERS Attest: Jeffery R. Smith, Clerk of the Circuit Court INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to Form and Legal Sufficiency Susan Adams, Chairman BCC Approved: Approved by: Dylan Reingold, County Attorney Jason E. Brown, County Administrator -Page 3 - 73 F:\UTRITIES\UTIITIY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS \65TH ST OFFSITE WATER MAIN (HIGH POINTE SUBD) - UCP # 3480\DEVELOPERS AGREEMENTAMENDMENT 2-I3- 2020.DOC EXHIBIT "D" OFFSITE WATER MAIN Item Description Qty U/M Rate Total 1 Mobilization 1 LS $9,500.00 $9,500.00 2 M.O.T. 1 LS $9,000.00 $9,000.00 3 12" x 12" Tap 1 EA $7,231.45 $7,231.45 4 12" PVC 4,260 LF $39.55 $168,483.00 5 12" HDPE 200 LF $184.20 $36,840.00 6 12" DIP/Directional Bore Under R/R 1 LS $101,404.55 $101,404.55 7 12" GV 9 EA $2,870.40 $25,833.60 8 12" End Cap 2 EA $990.00 $1,980.00 9 12" Tee 1 EA $1,275.00 $1,275.00 10 12" 45 degree Bend 7 EA $990.00 $6,930.00 11 12" Megalugs 1 LS $4,870.00 $4,870.00 12 12" x 6" Tee 2 EA $1,070.45 $2,140.90 13 Fire Hydrant Assembly 1 EA $5,100.00 $5,100.00 14 Temporary Jumper 2 EA $2,385.00 $4,770.00 15 Blow Offs 2 EA $1,250.00 $2,500.00 16 Sample Points 3 EA $650.00 $1,950.00 17 Pressure Test 1 LS $2,150.00 $2,150.00 18 CH -Line 1 LS $2,150.00 $2,150.00 19 6" GV 1 EA $1,275.00 $1,275.00 20 6" MJ -Plug 1 EA $450.00 $450.00 21 12" 90 degree Bends 2 EA $990.00 $1,980.00 22 12" x 8" MJ -Tees 3 EA $1,195.00 $3,585.00 23 8" MJ - GV 3 EA $1,875.00 $5,625.00 24 8" MJ -Plug 3 EA $620.00 $1,860.00 25 8" PVC Pipe 109 LF $29.15 $3,177.35 TOTAL $412,060.85 Indian River County 33% $135,980.08 Lost Tree Preserve, LLC 67% $276,080.77 74 Indian River County, Florida Department of Utility Services Board Memorandum Date: February 18, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Amendment 1 to Work Order No. 7 Masteller & Moler, Inc. 8th Street 24" Force Main Relocation - FDOT Project 437717-1 Background: The Florida Department of Transportation (FDOT) is in the design phase of the replacement of the 8th Street (CR 612) Bridge at 74th Avenue. The project will impact an existing Indian River County Department of Utility Services (IRCDUS) sewer utility along the 8th Street right of way. The Board of County Commissioners (BCC) approved Masteller & Moler, Inc. (MM) to prepare a utility relocation design on November 5, 2019. In the performance of their scope of work, MM determined that additional permitting will be required in order to relocate the sewer utility. See Amendment 1 to Work Order 7, attached. Analysis:. On April 17, 2018, the BCC approved the Continuing Contract Agreement for Professional Services with MM. In accordance with that agreement, MM will provide additional professional services under Amendment 1 to Work Order 7. Funding: Funds for this project are derived from utility operating capital funds. The utility operating fund budget is derived from water and sewer revenues. Description Account Number Amount WO 7 - 8th Street 24" Forcemain Relocation 471-169000-20502 $ 53,540.00 MM Addendum 1 W07 $ 5,320.00 Total: $58,860.00 Recommendation: Staff recommends the Board of -County -Commissioners approve Amendment 1 to Work Order No. 7 with Masteller & Moler, Inc. for a lump sum amount of $5,320.00, and authorize the Chair to execute the Amendment after review and approval from the County Attorney. Attachments: 1. Amendment 1 to Work Order No. 7: Masteller & Moler, Inc. 75 AMENDMENT NUMBER 1 CCNA2018 WORK ORDER NUMBER 7 437717 8TH STREET 24" FM RELOCATION This Amendment 1 to Work Order Number 7 is entered into as of this _ day of 20, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 7, Effective Date November 5, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of. Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 to Work Order 7 as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MASTELLER & MOLER, INC OF INDIAN RIVER COUNTY By: By: Earl H. Masteller, PE, BCEE Title: President Susan Adams, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 76 AMENDMENT NUMBER 1 CCNA2018 WORK ORDER NUMBER 7 437717 8TH STREET 24" FM RELOCATION EXHIBIT A The Indian River County Utilities Department has decided to amend Work Order #7 which was approved by the Board of County Commissioners on November 5, 2019. The original project involved Engineering Services in connection with the relocation of an existing 24" force main at 8th Street and 74th Avenue. The Florida Department of Transportation, along with Indian River County, plans to construct a bridge replacement project for the 8th Street Bridge over the Lateral "C" Canal at 74th Avenue in Indian River County, Florida. Said project requires that Indian River County Utilities relocate the existing 24" force main along the south side of 8th Street. The Force Main Relocation project originally contained provisions to prepare and submit permit applications for an Indian River Farms Water Control District Canal Crossing Permit and Indian River County Public Works Right -of -Way Permits for the proposed Road Crossings and Soil Borings. During the course of work to receive a letter of determination from the Florida Department of Environmental Protection FDEP for "No Permit Required" for wastewater collection/transmission permitting, it was determined that the Project will require both an FDEP Wastewater Collection/Transmission System General Permit, an FDEP Notice of Intent to Use and Environmental Resource General Permit, and a U. S. Army Corps of Engineers (USACE) Nationwide Permit for Subaqueous Crossings. Therefore, this Amendment provides for Engineering Services to prepare and submit permit applications for the three (3) above -referenced FDEP and USACE permits. The additional services covered by this Amendment #1 to the project will generally consist of the additional permitting requirements described above. There is no change to the estimated construction cost of the project as described in Work Order 7. A brief description of the scope of services and deliverables for Work Order #7, Amendment #1 is provided below: • Scope of Services Task G —Additional Permitting Services Masteller & Moler, Inc. will provide for permitting services in addition to those defined in Work Order 7 for the following permit applications: • Preparation and submittal of an FDEP Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System -Permit Application; • Preparation and submittal of an FDEP Notice of Intent to Use an Environmental Resource General Permit Application; • Preparation and submittal of a USACE Nationwide Permit for Subaqueous Crossings. 77 Permit Application fees associated with the above permits are not included in this Amendment #1. Our scope of services above and the lump sum fees listed below shall include our response to one (1) round of reasonable agency comments and concerns (RAI's). Responses to additional agency comments and concerns will be addressed on an as needed basis and billed based upon our job classifications and schedule of hourly rates as listed in the CCNA2018 Agreement, Exhibit 1- Hourly Rates. Fee Schedule: The COUNTY agrees to pay, and the CONSULTANT agrees to accept a lump sum amount for the above-described services as listed below: Task G: Additional Permitting Services Total Lump Sum $ 5,320.00 $ 5,320.00 Time Schedule: Amendment No. 1 shall be completed as follows: A. Task G: Additional Permitting Services 20 Additional Working Days Deliverables — the CONSULTANT shall provide to IRCUD: a. Permit Applications I. FDEP Wastewater Collection/Transmission System II. FDEP NOI to Use an ERGP III. ACOE Nationwide 1 set 1 set 1 set File#1943 (Y:\mm\Projects\2019\1943 - 8th ST FM Relocation \ADMIN\Contracts\1943_Amendl_WO#7-ExhibitA_19-1213.docx) 78 Page 2 of 2 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 26, 2020 SUBJECT: Indian River County Subaward and Grant Agreement for Hurricane Dorian FROM: Kristin Daniels Director, Management & Budget BACKGROUND: On September 3, 2019, Hurricane Dorian ran parallel up Florida's coast and impacted Indian River County causing approximately $8.9 million in expenditures. In order to receive Federal Emergency Management Agency (FEMA) reimbursement, Indian River County is required to sign the Federally -Funded Subaward and Grant Agreement. The agreement is standard for all recipients and includes eleven attachments. Upon execution of the agreement and subsequent award of funds, the County may be required to complete contract modifications for each individual project prior to funds being disbursed. These contract modifications essentially revise the total amount of federal funding as each project is awarded. STAFF RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to execute the agreement and all other documents necessary to effectuate the agreement and authorize the County Administrator to sign any additional modifications. ATTACHMENTS: Federally -Funded Subaward and Grant Agreement 79 Agreement Number: Z1630 FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT. 2 C.F.R. §200.92. states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by -2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. 200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass-through entity." The following agreement is made and information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Indian River County Sub -Recipient's unique entity identifier: Federal Award Date: Subaward Period of Performance Start and End Date (Cat A -B): Subaward Period of Performance Start and End Date (Cat C -G): Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub -Recipient by the pass-through entity: Federal award project description (see FFATA): Name of Federal awarding agency: 1 07-920-8989 10/21/2019 8/28/2019 - 4/21/2020 8/28/2019 - 4/21/2021 Grant to Local Govemment for Debris removal, emergency Protective measures and repair or Replacement of disaster damaged facilities. Dept. of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) 80 Name of pass-through entity: Contact information for the pass-through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: 2 Florida Division of Emergency Management (FDEM) 25 Shumard Oak Blvd.. Tallahassee, FL 32399-2100 97.036 Public Assistance N/A See by 44 C.F.R. 207.5(b)(4) 81 THIS AGREEMENT is entered into by the State. of Florida, Division of Emergency Management, with headquarters in Tallahas ee, Florida (hereinafter referred to as the "Division"), and Indian River County (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pas -through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represent that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The Sub -Recipient, by its decision to participate in the FEMA PA Program, bear the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulation and policies, and bears the ultimate consequences of any adverse decisions rendered by the Division, FEMA, or any other State and Federal agencies with audit, regulatory, or enforcement authority. C. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, D. The Division, as the pas -through :entity and fiduciary of such Federal funding, reserves the right to demand that the Sub -Recipient comply with all applicable State and Federal laws, regulations and policies, terminate reimbursements and take any and all other actions it deems appropriate to protect those funds for which it is responsible, including debt collections. E. The Division has tatutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or tate as istance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. Performance under this Agreement is ubject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. ii: A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the succes ful completion of each deliverable. 82 iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be govemed by all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests payment. b. The Division's Grant Manager for this Agreement is: 2555 Shumard Oak Blvd. Ste. 360 Tallahassee, FL 32399-2100 Telephone: Email: c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Jason E. Brown, County Administrator 1801 27th Street Vero Beach, FL 32960 Telephone: 772-226-1408 Email: ibrown@ircgov.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative will be 83 4 provided to the other party in writing via letter or electronic email. It is the Sub -Recipient's responsibility to authorize its users in the Recipient's grants management system. Only the Authorized or Primary Agents identified on the Designation of Authority (Agents) in Attachment D may authorize addition or removal of agency users. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub -Recipient shall perform the work in accordance with the Budget and Project List — Attachment A and Scope of Work, Deliverables and Financial Consequences — Attachment B of this Agreement. (8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE. The Period of Agreement establishes a timeframe for all Sub -Recipient contractual obligations to be completed. This agreement will begin upon execution by both parties and shall end upon FEMA's closeout of the Sub -Recipient's account for this disaster, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in of ect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. The Period of Performance is the timeframe during which the Sub -Recipient may incur new obligations to carry out the work authorized under this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this Agreement only for allowable costs incurred during the period of performance. In accordance with section 215.971(1)(d), Florida Statutes, the Sub - Recipient may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specified agreement period. The C.F.R. requirement is more restrictive and will take precedence over the State requirement. The period of performance for this agreement begins with the first day of the Incident Period for the disaster applicable to the agreement and ends six (6) months from thedate of declaration for Emergency Work (Categories A & B) or eighteen (18) months from the date of declaration for Permanent Work (Categories C -G), unless terminated earlier in accordance 84 5 with the provisions of Paragraph (17) of this Agreement or extended in accordance with Attachment G Paragraph 5. If any extension request is denied by the Recipient, or is not sought by the Sub -Recipient, reimbursement is only available for eligible project costs incurred up to the latest approved extension. Failure to complete a project is adequate cause for the termination of funding for that project and requires reimbursement to the Recipient of any and all project costs. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. The amount of total available funding for this subgrant is limited to the amount obligated by FEMA for all projects approved for this sub -recipient for DR#4468 - Hurricane Dorian. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. Pursuant to Florida Revised Statute 252.37, unless otherwise specified in the General Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants to Local governments. The affected Local govemment shall be required to provide one-half of the required match prior to receipt of such financial assistance. d. The Executive Office of the Governor may approve a waiver, subject to the requirement for legislative notice and review under section 216.177, of all or a portion of the required match for public assistance projects for Local governments if the Executive Office of the Governor determines that such a match requirement cannot be provided, or that doing so would impose a documented hardship on the Local government, and if the Local government applies for the waiver within the first 18 months after the disaster is declared. e. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient. The Recipient will provide funds on a cost reimbursement basis to the Sub -Recipient for eligible activities approved by the Recipient and FEMA, as specified in the approved Project Worksheets listed in Attachment A ("Budget and. Project List"). The maximum reimbursement amount for each deliverable is also outlined in Attachment A of this Agreement. f. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes -and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." The Sub -Recipient must complete Attachment 85 6 "D" by designating at least three agents to execute any Requests for Reimbursement, certifications, or other necessary documentation on behalf of the Sub -Recipient. Attachment D must be completed electronically and submitted via email to rpa.helpem.myflorida.com. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. g. In the event the Sub -Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub -Recipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from the grants management system may not be received and could result in failure to meet time periods to appeal a Federal determination. h. The Division will review all requests for reimbursement by comparing the documentation provided by the Sub -Recipient in the grants management system against a performance measure, outlined in Attachment B, Scope of Work, Deliverables, and Financial Consequences, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. i. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as, "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relatefinancial data to performance accomplishments of the Federal award." j. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub - Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation fringe benefits"). If authorized by the Federal Awarding Agency, and if the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -Employee agreement, or an established policy of the Sub -Recipient in affect at the time of the disaster event. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, 86 iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. k. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub - Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub -Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes (at the time of the execution of this agreement): $6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. I. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. m. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for creditor applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from disceming whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. :As required by 2 C.F.R. §200.331(a)(5), the Division, -the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right 87 8 of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub -Recipient is notified in writing by the Federal Awarding Agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal Awarding Agency or pass-through entity, the 5 -year retention requirement is not applicable to the Sub -Recipient. v. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal. Awarding Agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. - - - f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personal identifiable information and other information the Federal Awarding Agency 88 9 or the Division designates as sensitive or the Sub-Recipientconsiders sensitive consistent with applicable Federal, State, Local, and Tribal laws regarding privacy and obligations of. confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds bya private entity, standing alone, is insufficient to bring thatentity within the ambit ofthe open government requirements. However, the Govemment in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Govemment in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Govemment in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Govemment in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-Recipient's goveming board or the meetings of any subcommittee making recommendations to the goveming board may be subject to open govemment requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the State and Local govemments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a govemmental agency (or a private entity acting on behalf of such an agency), in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge, qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Project List — Attachment A, Scope of Work — Attachment B, and all other applicable laws and regulations. 89 10 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub - Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Govemment Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Govemment Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted govemment auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non-compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or onbehalf of the Sub -Recipient, to the Division at thefollowing address: DEMSingle_Audit@em.rnyflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html 90 11 h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and any applicable close-out reports. These reports shall include the current status and progress by the Sub -Recipient in completing the work described in the Scope of Work — Attachment B and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The closeout report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Project List — Attachment A, and Scope of Work — Attachment B. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. 91 12 Reporting Time Period Subgrantee Report Submittal Quarter 1 (Q1) October 1 — December 31 January 15 Quarter 2 (Q2) January 1 — March 31 April 15 Quarter 3 (Q3) April 1 — June 30 July 15 Quarter 4 (Q4) July 1 — September 30 October 15 b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The closeout report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Project List — Attachment A, and Scope of Work — Attachment B. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. 91 12 f. The Sub -Recipient shall provide additional reports and information identified in Public Assistance Program Guidance — Attachment G, and as required by FEMA or the Division. (13) MONITORING a. The Division shall monitor the performance of the Sub -Recipient under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope reviews, and/or other procedures. The Sub -Recipient agrees to comply and_ cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that an audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub - Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2) Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any 92 13 of its remedies as set forth in Paragraph (16); however, the Division may make payments or partial payments after any. Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes oc ur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; . Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default oc urs, then the Division shall, after thirty calendar days of providing written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first lass mail, postage prepaid, by registered or certifiedmail-retum receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; . Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations: governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance; ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. —Advise -the Sub -Recipient to suspend, discontinue or refrain from incurring osts for any activities in question; or, iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; 93 14 f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) dayswritten notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty (30) days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18) PROCUREMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). Additional requirements, guidance, templates and checklists regarding procurement may be obtained through the FEMA Procurement Disaster Assistance Team. Resources found here: https://www.fema.gov/procurement-disaster-assistance-team b.- If -the -Sub -Recipient contracts with any contractor or vendor for performance of any portion of the work required under this Agreement, the Sub -Recipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Govemment, its employees and/or their contractors, the Division, its employees and/or their contractors, and the Sub -Recipient and its 94 15 employees and/or their contractors harmless from liability: to third parties for claims asserted under such contract. c. The Sub -Recipient must document in the Quarterly Report the contractor's progress in performing its work on its behalf under this Agreement in addition to its own progress. d. All contracts must conform to the uniform standards for procurement found in C.F.R §§ 200.317-.326 and Appendix II, as well as §287.057 and §288.703, Florida Statutes. (19) PAYMENTS a. Requests for Reimbursement (RFR) serve as invoices for the purposes of section 15.42 , Florida Statutes and shall include the supporting documentation for all costs of the project or services in detail sufficient for a proper pre -audit and post -audit thereof. The final RFR shall be submitted within thirty (30) days after the expiration date of the agreement or completion of applicable Project, whichever occurs first. b. If the necessary funds are not available to fund this Agreement, as a result of action by the United States Congress, the Federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (20) EXPEDITED PROJECTS The Division and FEMA have established an Expedited Projects Program in order to help affected counties, municipalities, and private -non -profits recover from Hurricane Dorian. This program provides funding for 50% of the eligible scope of work for project versions of one Expedited Category A project and one Expedited Category B project. These amounts will be subject to the cost sharing requirements applicable for the disaster. a. PROGRAM REQUIREMENTS Each eligible Sub -Recipient can request to include one (1) Category A: Debris Removal project and one (1) Category B: Emergency Protective Measures project in this expedited program. The work claimed must have been performed within the following dates: August 28 -September 11, 2019. For Category A and Category B, work must have been performed within the first 15 days of the disaster. FEMA makes the final eligibility determination regarding project work and costs under the Expedited Program. In order to be eligible for this funding, these projects must be a "large" project with eligible scope of work totaling $131,100 or more. Activities not eligible for Expedited Projects are private property debris removal activities for Category A. b. FUNDING Funding will be provided at 50% of estimated costs incurred through an eligible scope of work for an included project, during the time period of 45 days. Any and all expedited projects will ultimately require a full validation through the grants management process for all costs incurred. 95 16 c. PARTICIPATION NOTIFICATION The Sub -Recipient is responsible for notifying the State Public Assistance Officer (SPAO) of its intent to participate in the program. The Sub -Recipient notifies the SPAO by submitting the notification of their intention to participate via email to ExpeditedProjects@em.myflorida.com. The SPAO will then notify the FEMA Program Delivery Manager (PDMG) who will be assigned to the eligible Sub -Recipient. Once that email correspondence is made, the project development will be tracked through Grants Portal and all payments will be made using the workflows in Florida PA. (21) ADVANCE PAYMENTS Any advance payment made under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account unless otherwise govemed by program specific waiver. If an advance payment is requested, the budget data upon which the request is based and a justification statement shall be submitted along with this agreement at the time of execution by completing Justification of Advance Payment — Attachment K. The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Any advance funds not expended within the first ninety (90) days of the contract term must be retumed to the Division Cashier within thirty (30) days, along with any interest eamed on the advance. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. (22) REPAYMENTS a. All refunds or repayments due to the Division under this agreement are due no later than thirty (30) days from notification by the Division of funds due. b. As a condition of funding under this Agreement, the Sub -Recipient agrees that the Recipient may withhold funds otherwise payable to the Sub -Recipient from any disbursement to the Recipient, by FEMA or any othersource, upon a determination by the Recipient or FEMA that funds exceeding the eligible costs have been disbursed to the Sub -Recipient pursuant to this Agreement or any other funding agreement administered by the Recipient. The Sub -Recipient understands and agrees that the Recipient may offset any funds due and payable to the Sub -Recipient until the debt to the State is satisfied. In such event, the Recipient will notify the Sub -Recipient via the entry of notes in its grants management system. c. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", must include the invoice number and the applicable Disaster -and Project number(s) that are the subject of the invoice, and be mailed directly to the following address: 96 17 Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 d. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is retumed to the Division for collection, the Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft; whichever is greater. (23) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of the said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the. option of the Division and with thirty (30) days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans with Disabilities Act (Public aw 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and Local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on: the convicted vendor list: -or on-the-- discriminatory n-the—discriminatory vendor list. f. Any Sub -Recipient which receives funds under this Agreement from the Federal government, certifies, to the best of its knowledge and belief, that it and its principals: 97 18 i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; ii. Have not, within a five-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for fraud or.a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any offenses enumerated in paragraph 22) f. ii. of this certification; and, iv. Have not, within a five-year period preceding this Agreement, had one or more public transactions (Federal, State or Local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email to the assigned grant manager) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" Attachment C for the Sub -Recipient and a screenshot reflecting such self -check via the Federal System for Award Management (SAM) clearinghouse through the website www.sam.qov. Sub -Recipient shall also perform this check for any and all intended contractor or subcontractor which Sub -Recipient plans to fundunder this Agreement. A screenshot of the clearinghouse results for each intended contractor or subcontractor should be maintained by the Sub -Recipient and provided to the Division upon request. The check must be completed before the Sub -Recipient enters into a contract covering the scope of work outlined in the PWs with any contractor or subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipientcreated or received under this Agreement. j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount unless otherwise governed by program specific waiver. k. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act "INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision 98 19 granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. This provision is only applicable to subrecipients receiving a state cost share. m. The Division .may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (24) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts -under -grants, loans, and cooperativeagreements) and that all Sub -Recipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for 99 20 making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who ails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (25) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida govemment purposes. (26) LEGAL AUTHORIZATION The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. 100 21 The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (27) NONDISCRIMINATION BY CONTRACTORS Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, the Sub -Recipient must undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement. The Sub-Recipientis also subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R. § 17. (28) ASSURANCES The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment E. (29) DUPLICATION OF BENEFITS PROHIBITED a. The Sub -Recipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Sub -Recipient receive any other duplicate benefits from any source whatsoever. b. The Sub -Recipient agrees to reimburse the Recipient if it receives any duplicate benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Sub -Recipient has received payment from the Recipient. c. The Sub -Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. d. In the event the Recipient determines the Sub -Recipient has received duplicate benefits, the Sub -Recipient gives the Grantee/ Recipient the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Sub - Recipient, and to use such remedies as may be available administratively or at law to recover such benefits. (30) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict. or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Project List iii. Attachment B — Scope of Work, Deliverables, and Financial Consequences iv. Attachment C — Certification Regarding Debarment 101 22 • v. Attachment D — Designation of Authority vi. Attachment E — Statement of Assurances vii. Attachment F — Election to Participate in PA Alternative Procedures (PAAP) viii. Attachment G — Public Assistance Program Guidance ix. Attachment H — FFATA Reporting x. Attachment I — Mandatory Contract. Provisions xi. Attachment J — DHS OIG Audit Issues and Acknowledgement xii. Attachment K — Justification of Advance Payment 102 23 Agreement Number: Z1630 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: Indian River County By: Name and title: Susan Adams, Chairman Date: FEID# 59-6000674 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Date: Jared Moskowitz, Director 24 103 EXHIBIT —1 FUNDING SOURCES THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THI AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic Assistance: 97.036 Amount of Federal Funding: $ THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCE AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 44 C.F.R. Part 206 • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • FEMA Public Assistance Program and Policy Guide, 2018 V3.1- effective for all emergencies and major disasters declared on or after August 23, 2017. o Link here: https://www.fema.gov/media-library/assets/documents/111781 Federal Program: 1. Sub -Recipient is to use funding to perform eligible activities in accordance with the Stafford Act, FEMA Public Assistance Program and Policy Guide, 2018 V3.1 and approved Project Worksheet(s) (PW). Eligible work is classified into the following categories: Emergency Work Category A: Debris Removal Category B: Emergency Protective Measures Permanent Work Category C: Roads and Bridges Category D: Water Control Facilities Category E: Public Buildings and Contents Category F: Public Utilities Category G: Parks, Recreational, and other Facilities 2. Sub -Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will be in violation of the terms of the Agreement. 104 25 Attachment A. Budget and Project List Budget: The Budget of this Agreement is initially determined by the amount of any Protect Worksheet(s) (PW) that the Federal Emergency Management Administration (FEMA) has obligated for a Sub -Recipient at the time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this Agreement. The PW(s) that have been obligated are: DR -4468 Sub -Recipient Indian River County PO Cat Project Title Federal Share Fed state Share S tate Local Share Local TotalEIIgi le% ount POP Start Data POP End Date t Total: $0.00 50.00 50.00 50.00 26 105 Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work FEMA has sole authority for determining eligibility of project activities and associated costs. The sub - recipient is required to complete all eligible Projects and submit appropriate supporting documentation for all work and costs, as approved by FEMA. When FEMA has obligated funding for a Sub -Recipient's PW, the Division notifies the Sub -Recipient with a copy of the PW (or P2 Report). Budget and Project List — Attachment A of this Agreement will be modified quarterly, as necessary, to incorporate new PWs or PW versions. For the purpose of this Agreement, each Project will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement. Deliverables For the purposes of this agreement, each project will be a standalone deliverable but may be compensated incrementally based on the Sub -recipient's expenditures. The required performance level is satisfactory completion of the project as identified in the Scope of Work, the approved PW, and subsequent PW versions, if applicable. Large Project Deliverables Reimbursement requests will be submitted separately for each Large Project. Any request for reimbursement shall provide adequate, well organized and complete source documentation to support all costs related to the Project. Requests and associated documentation which do not conform will be returned to the Sub -Recipient prior to acceptance for payment. Reimbursement up to 100% of the total eligible amount will be paid upon acceptance and is contingent upon: • Timely submission of Quarterly Reports (due 15 days after end of each quarter). • Timely submission of invoices (Requests for Reimbursement) and supported by documentation for all costs of the project or services in detail sufficient for a proper pre -audit and post -audit thereof. The final invoice shall be submitted within sixty (60) days after the expiration of the agreement or completion of the project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub -Recipient's quarterly reporting as referenced in Paragraph 7 of this agreement. Adjustments to the invoicing schedule must be approved in advance in writing by the Division Grant Manager. • Timely submission of Request for Final Inspection (within ninety (90) days of project completion — for each project). • Sub -Recipient shall include a sworn Affidavit or American Institute of Architects (AIA) forms G702 and G703, as required below. o A. Affidavit. The Sub -Recipient is required to submit an Affidavit signed by the Sub - Recipient's project personnel with each reimbursement request attesting to the following: the percentage of completion of the work that the reimbursement request represents, that disbursements or payments were made in accordance with all of the Agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. o B. AIA Forms G702 and G703. For construction projects where an architectural, engineering or construction management firm provides construction administration services, the Sub -Recipient -shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by the Division, signed by the contractor and inspection/certifying architect or engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division. 106 27 Small Projects Deliverables Small projects will be paid upon obligation of the Project Worksheet and execution of the subgrant agreement. Sub -Recipient must initiate the Small Project Closeout in the grants management system within thirty (30) days of completion of the project work, or no later than the period of performance end date. Small Project Closeout is initiated by logging into the grants management system, selecting the Sub -Recipient's account, then selecting 'Create New Request', and selecting 'New Small Project Completion/Closeout'. Complete the form and 'Save'. The final action is to advance the form to the next queue for review. Financial Consequences: 2 CFR 200.338 and Section 215.971, Florida Statute, requires the Division, as the recipient of Federal funding, to apply financial consequences, including withholding a portion of funding up to the full amount in the event that the Sub -Recipient fails to be in compliance with Federal, State, and Local requirements, or satisfactorily perform required activities/tasks. For any Project (PW) that the Sub -Recipient fails to complete in compliance with Federal, State and Local requirements, the Division shall withhold a portion of the funding up to the full amount until such compliance is either ultimately obtained or the project is deobligated by FEMA and/or withdrawn. The Division shall apply the following financial consequences in these specifically identified events: Work performed outside the Period of Performance — Based on 2 C.F.R. Section 200.309, a Sub -Recipient may be reimbursed only for eligible costs incurred for work performed within the period of performance. Costs incurred as a result of work performed outside of the period of performance will be deemed not allowable and ineligible for reimbursement by the Division as a financial consequence. If the Sub -Recipient does not anticipate finishing the work within the original period of performance, it must request a time extension and support that the work cannot be timely completed due to extenuating circumstances beyond the Sub -Recipient's control (Attachment G). Additionally, if the project is not completed within the period of performance and a time extension request was not granted, the Division will coordinate with the Federal Awarding Agency to adjust the costs obligated amount to reflect the actual allowable costs incurred during the period of performance as a financial consequence. Failure to timely submit quarterly reports— Pursuant to 2 C.F.R. Section 328, the Division is responsible for oversight of theoperations of the Federal award supported activities. Section 215.971, Florida Statutes provides the Division must monitor the activities performed under Federal awards to assure compliance with applicable Federal and State requirements and gain assurances that performance expectations are eing achieved. Paragraph (12) of the subgrant agreement also requires the Sub -Recipient to submit a quarterly report that identifies the progress made on the project and will at a minimum include details regarding the status of all work in progress, work that has been completed, and work that has yet to begin. These reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of theadministrative close-out report. In the event that a Sub -Recipient fails to timely submit this quarterly report, the Division will: • Withhold $500.00 from the next approved and final payment/payable for each project not reflected on a timely submitted Quarterly Report. 107 28 Failure to timely submit Requests for Final Inspection- The submission of a request for Final Inspection is due within inety (90) days of project completion for each project. In the event a Sub -Recipient fails to timely Request a Final. Inspection, the Division will enforce the following: • Withhold any and all final and approved payments/payables for each project for which a Request for Final Inspection is not timely submitted. o Once the Request for Final Inspection is received, such funds will be released and paid to the Sub -Recipient. The Divisio retains the right to impose financial consequences for instances of on-performa ce or no - compliance of specifically addressed i this section. 29 108 Attachment C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION With respect to any Sub -recipient other than a State agency or pol tical subdiv sion of the State, wh ch rece ves funds under this Agreement from the Federal govemment, to the best of is knowledge and bel ef, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the five-year period preceding entering into this Agreement had one or more public transactions (Federal, State, or Local) terminated for cause or default; and 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b) violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. The Sub -recipient understands and agrees thatthe language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and cooperative agreements) and that all contractors and sub -contractors must certify and disclose accordingly. The Sub -recipient further understands and agrees that this certificat on is a mater al representation of fact upon wh ch reliance was placed when this transaction was made or entered into. Sub -recipient further understands that submission of this certification s a prerequis to for making or entering nto this transaction mposed by 31 U.S.C. § 1352. Any person who fails to file the required certif cation is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: Signature Name. and Title 1801 27th Street Street Address Vero Beach, Florida 32960 City, State, Zip Date 30 Indian River County Sub -Recipient's Name Z1630 DEM Contract Number DR4468 FEMA Project Number 109 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Sub -Recipient's Primary Agent and Alternate Agent to access the grants management system in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachment "D" to the PA Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the State team; a note should beentered in the grants management system if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from the grants management system as the contacts listed are replaced in the system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Note: a designation of authority is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the grants management system. Users will be notified via email when they have been granted access. The user must log in to the grants management system within twelve (12) hours of being notified or their account will lock them out. Each user must log in within a sixty (60) day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed, and this person will have full access/authority unless otherwise requested). Block 2: "Primary Agent" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in the grants management system. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed, and this contact will have full access). Block 3: "Alternate Agent" — This is the person designated by your organization to be available when the Primary is not. (Only one Altemate Agent is allowed, and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management -Insurance, and Environmental - Historic). Providing these contacts is essential in the coordination and communication required between State and Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 — 12: "Other" (Read Only Access) — There is no limit on "Other" contacts, but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take any action in the grants management system. 110 31 DESIGNATION OF AUTHORITY (AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grante : Box 1: Authorized Agent (Full Access) Box 2: Primary Agent (Full Access) Agent's Name Susan Adams Agent's Name Jason Brown Signature Signature Organization / Official Position Indian River County Board of County Commissioners, Chairman Organization / Official Position Indian River County/County Administrator Mailing Address 1801 27th Street Mailing Address 1801 27th Street City, State, Zip Vero Beach, FL 32960 City, State, Zip Vero Beach, FL 32960 Daytime Telephone 772-226-1442 Daytime Telephone 772-226--1408 E-mail Address sadams@ircgov.com E-mail Address jbrown@ircgov.com Box 3: Alternate Agent (Full Access) Box 4: Other-Finance/Point of Contact (Full Access) Agent's Name Tad Stone Official's Name Kristin Daniels Signature Signature Organization / Official Position Indian River County EM/EM Director Organization / Official Position Indian River County/Director, Management & Budget Mailing Address 4225 43rd Avenue Mailing Address 1801 27th Street City, State, Zip Vero Beach, FL 32967 City, State, Zip Vero Beach, FL32960 Daytime Telephone 772-226-3859 Daytime Telephone 772-226-1214 E-mail Address tstone@ircgov.com E-mail Address kdaniels(airceov.com Box 5: Other-Risk Mgmt-Insurance (Full Access) Box 6: Other-Environmental-Historic (Full Access) Agent's Name Etta Lopresti Agent's Name Signature Signature Organization / Official Position Indian River County EM/EM Coordinator Organization / Official Position Mailing Address 4225 43rd Avenue Mailing Address City, State, Zip Vero Beach, FL 32967 City, State, Zip Daytime Telephone 772-226-3856 Daytime Telephone E-mail Address elopresti@ircgov.com E-mail Address The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-grantee for the purpose of obtaining certain Grantee and Federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93-288 as amended) or otherwise available. These agents are authorized to represent and act for the Sub-Grantee in all dealings with the State of Florida, Grantee, for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-grantee. Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. Sub-Grante Authorized Agent Signature Date 111 32 DESIGNATION OF AUTHORITY (AGENTS) , FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grante : Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent's Name Official's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Sub -Grantee's Fiscal Year (FY) Start: Month: October Day: 1st Sub -Grantee's Federal Employer's Identification Number (EIN) 59 - 6000674 Sub -Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub -Grantee's: FIPS Number (If Known) 061 -99061 - 00 NOTE: This form should bereviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff tumover. Updates may be made by email to the state team assigned to your account. A new form will only be needed if all authorized representatives have separated from your agency. Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace, not supplement, the contacts on the previous list. 112 33 Attachment E STATEMENT OF ASSURANCES 1) The Sub -Recipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No. A-21, A-87, A-110, A- 122, and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the ap lication, acceptance and use of Federal funds for this Federally -assisted project. 2) Additionally, to the extent the following provisions ap ly to this Agreement, the Sub -Recipient assures and certifies that: a. It possesses legal authority to ap ly for the grant, and to finance and construct the roposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub -Recipient's goveming body, authorizing the filing of the ap lication, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Sub - Recipient to act in connection with the a lication and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Ap lication for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. § 206, and ap licable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, du licate benefits available for the same loss from another source. 3) The Sub -Recipient further assures it will: a. Have sufficient funds available to meet the non -Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not, it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been met, all contracts meet Federal, State, and Local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to the ap roved plans and specifications and will fumish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the ap roving Federal agency that funds have been ap roved and will see that workon the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the eriod of Federal interest or while the Government holds bonds, whichever is longer. f. Provide without cost to the United. States and the Grantee/Recipient all lands, easements and rights-of-way necessary for accomplishment of the ap roved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the ap roved work or Federal funding. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the ap earance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. g. 34 113 h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. Consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and, ii. By complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. i. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. With respect to demolition activities: i. Create and make available documentation sufficient to demonstrate that the Sub -Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in. this Agreement; ii. Retum the property to its natural state as though no improvements had been contained thereon; iii. Furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Sub -Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the appropriate County Health Department; iv. Provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. Provide supervision over contractors or employees employed by the Sub - Recipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. Leave the demolished site clean, level, and free of debris;. vii. Notify the Recipient promptly of any unusual existing condition which hampers the contractors work; viii. Obtain all required permits; ix. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; xi. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and, xii. Provide documentation of public notices for demolition activities. k. Require facilities to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified. The Sub -Recipient will be J• 114 35 responsible for conducting inspections to ensure compliance with these specifications by the contractor. I. Provide an Equal Employment Opportunity Program, if required to maintain one, where the application is for $500,000 or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee/Recipient in good faith to, agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Sub -Recipient agrees it will complywith the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally -assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq. which limit certain political activities of employees of a State or Local unit of govemment whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on Federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. Anti -Kickback Act of 1986, which outlaws and prescribes penalties for "kick -backs" of wages in Federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been _identified by .the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. 115 36 j. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The State's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Sub -Recipients and contractors. I. Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead -Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations; and Department . of Justice regulations on disability discrimination, and assure the compliance of all its Sub -Recipients and contractors. p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964 (P.L. 83- 352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub -Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Sub -Recipient, this assurance shall obligate the Sub -Recipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for anotherpurpose involving the provision of similar services or benefits. q. Provisions of. Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. r. Comprehensive Alcohol . Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. 116 37 t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended;. iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds withinthe units of the Coastal Barrier Resources System. u. The provisions of all Executive Orders including but not limited to: i. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. ii. EO 11514 (NEPA). iii. EO 11738 (violating facilities). iv. EO 11988 (Floodplain Management). v. EO 11990 (Wetlands). vi. EO 12898 (Environmental Justice). For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug -Free Workplace Act of 1988. This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Sub -Recipient by FEMA. The Sub -Recipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Sub -Recipient, its successors, transferees, and assignees. FOR THE SUBGRANTEE/SUB-RECIPIENT: Signature Susan Adams, Chairman Printed Name and Title Date 38 117 Attachment F FEMA Public Assistance Alternative Procedures for Permanent Work Pilot (Version 4) FEMA Recovery Policy FP 104-009-7 BACKGROUND Section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (Stafford Act)1 authorizes FEMA to award Public Assistance (PA) funding based on fixed estimates. This version 4 of the Public Assistance Alternative Procedures for Permanent Work Pilot (Pilot) policy supersedes version 3 and the Alternative Procedures Project language in Chapter 2.VII.G of the Public Assistance Program and Policy Guide2 (PAPPG). All other portions of the PAPPG apply except where specifically stated otherwise. PURPOSE The purpose of this policy is to define the framework and requirements to ensure appropriate and consistent implementation. PRINCIPLES A. Increase flexibility in the administration of such assistance by allowing Applicants to use funds in a manner that best meets their specific needs for recovery, Tong -term resiliency, and future preparedness. B. Simplify the delivery of assistance and reduce administrative costs associated with PA projects. REQUIREMENTS A. FIXED -COST OFFER ACCEPTANCE Outcome: Enable Applicants to drive their own recovery. 1. FEMA and the Recipient will work with the Applicant to formulate disaster -related damage into projects and reach agreement on the eligible scopes of work (SOW) for all Permanent Work projects. Once agreement is reached on the disaster -related damage and eligible SOW, FEMA or the Applicant will develop a cost estimate in accordance with Section G, Cost Estimates. 2. After the cost estimate is developed by FEMA or developed by the Applicant and validated by FEMA as being reasonable and eligible based on the work required to address the disaster -related damage, .FEMA will_transmit a fixed -cost offer via its Grants Manager/Portal to the Applicant for acceptance. 1 Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended. 2 www.fema.gov/media-library/assets/documents/111781 Page 1 of 8 FEMA Recovery Policy FP 113009-7 39 3. The total fixed -cost amount is established based on the aggregate of: a. The estimated cost to restore disaster damaged facilities to pre -disaster design (size and capacity) and function in accordance with eligible codes and standards; and b. The estimated cost for cost-effective hazard mitigation measures associated with the actual restoration SOW to be implemented. 4. If the Applicantacceptsthe fixed -cost offer for a Large Project, it is considered a Pilot Project and the Applicant will: a. Not be required to rebuild the facilities back to what existed prior to the disaster. b. Be allowed to share funds across all of its Pilot Projects. c. Not be required to track costs to specific work items. d. Not be required to track costs or work to specific Pilot Projects since funds can be shared across all of its Pilot Projects. e. Be allowed to retain and use excess funds to reduce risk and improve future disaster operations (subject to timely closeout). f. Be eligible for cost-effective hazard mitigation on replacement projects. B. DEADLINES Outcome: Increase speed of recovery through timely agreement on fixed -cost offers. 1. Applicants have no more than 18 months from the disaster declaration date to: a. Determine the actual SOW and hazard mitigation measures to be implemented; and b. Accept a fixed -cost offer for each project (also subject to 30 -day deadline from receipt, see B.2). 2. Each time FEMA transmits a fixed -cost offer, the Recipient and Applicant will have a combined total of 30 calendar days from the date of FEMA's transmittal of the fixed -cost offer to accept the offer (not to exceed the 18 -month deadline). Any projects without accepted fixed -cost offers by the 30 -day and 18 -month deadlines will be processed using standard PA policies and procedures and funded in accordance with Title 44 Code of Federal Regulations §206.205. 3. Time extensions to accept fixed -cost offers must be approved by FEMA's Assistant Administrator for Recovery. C. HAZARD MITIGATION Outcome: Promote resiliency through inclusion of hazard mitigation. 1. When the Applicant is restoring a facility to pre -disaster function, size, capacity, and location, FEMA evaluates the proposed hazard mitigation SOW and cost-effectiveness based on the criteria -in -Chapter 2.VII.0 of the PAPPG. 2. When the Applicant is restoring the function, but changing the pre -disaster capacity of a facility (Improved Project), the proposed hazard mitigation SOW is developed based on the actual SOW to be implemented; however, the cost-effectiveness is evaluated based on the fixed -cost amount accepted for the pre -disaster restoration SOW. If the capacity is Page 2 of 8 FEMA Recovery Policy FP,110W-009-7 40 FEMA increased, the proposed hazard mitigation SOW and cost is limited to the SOW and cost necessary to mitigate to the pre -disaster capacity of the damaged facility. 3. Applicants must complete the approved hazard mitigation in order to retain the fixed -cost amount accepted for hazard mitigation. D. USE OF FUNDS Outcome: Increase effectiveness of assistance through increased flexibility and expanded use of funds. 1. Applicants may use fixed -cost funds, including any excess funds across all Pilot Projects. 2. Applicants may request to use fixed -cost funds for any of the activities defined as eligible under the Use of Fixed -Cost Funds column in the table below. Once FEMA approves and the Applicantcompletes the SOW associated with these activities, the Applicant may use any excess funds for the expanded list of eligible activities listed under the Use of Excess Funds column. 3. Any excess funds remaining after the approved SOW is complete may be used for cost- effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster, and activities that improve future PA operations or planning. The Applicant must submit a proposed SOW for use of any excess funds, along with a project timeline to the Recipient within 90 days of the date the last Altemative Procedures Project was completed. The Recipient must forward the request to FEMA within 180 days of date the last Altemative Procedures Project was completed. FEMA will evaluate the proposed use of excess funds for reasonableness to ensure prudent use of funds. FEMA will also evaluate the submitted project timeline and approve an appropriate deadline for project completion, not to exceed the overall disaster period of performance. 4. The following table lists examples of eligible and ineligible types of work and costs when using fixed -cost funds and excess funds. Type of Work or Cost (all work or costs listed must otherwise be eligible for PA) Use of Fixed -Cost Funds Use of Excess Funds Restoration of disaster -damaged facilities and equipment Eligible Eligible Restoration of disaster -damaged facilities in undeclared areas within the same State or Tribal area Ineligible Eligible Alternate Projects (e.g., purchasing equipment, constructing new facilities, improvements to undamaged facilities such as shelters and emergency operation centers) in declared areas Eligible Eligible Cost-effective hazard mitigation measures for undamaged facilities Ineligible Eligible Covering future insurance premiums, including meeting obtain and maintain (O&M) insurance requirements, on damaged or undamaged facilities Ineligible Eligible Page 3of8 41 FEMA Recovery Policy FP 1009-7 FEMA Work on facilities that are ineligible due to a failure to meet previous O&M requirements Ineligible Ineligible Conducting or participating in training for response or recovery activities, including Federal grants management or procurement courses Ineligible Eligible Planning for future disaster response and recovery operations, such as developing or updating plans (e.g., Debris Management Plans, Hazard Mitigation Plans, Pre -disaster Recovery Plans, mergency Management/Operation Plans), integrating these plans into other plans, preparedness activities, exercises, and outreach Ineligible Eligible Salaries for PA or emergency management staff. This may include but is not limited to staff performing PAgrant administration, monitoring, and closeout activities for other PA disaster grants, and staff; developing or updating disaster plans Ineligible Eligible Paying down debts Ineligible Ineligible Covering operating expenses Ineligible Ineligible Covering budget shortfalls Ineligible Ineligible Covering the non -Federal cost share of FEMA projects or other Federal awards Ineligible Ineligible E. SCOPE OF WORK CHANGES Outcome: Reduce administrative burden by simplifying requirements for changes to a SOW. 1. Once the SOW is approved and a fixed -cost offer is accepted: a. The Applicant must notify FEMA prior to making SOW changes that involve: 1 Buildings or structures that are 45 years of age or older; I. Ground disturbing activities; or in. Work in or near waterways. b. With exception of buildings or structures that are 45 years of age or older, theApplicant does not need to notify FEMA when it intends to make changes that substantially conform to the approved SOW. Changes that substantially conform include items, such as: i. Substitutions in material type (e.g., pre -cast concrete vs. steel beam, stainless steel vs. galvanized fasteners); or ii. Interior floor plan reconfigurations (e.g., adding, moving, or removing rooms/features). c. If the Applicant wishes to change the SOW to the extent that it changes the hazard mitigation, such changes must be approved within the 18 -month deadline and the fixed - cost offer amount will be adjusted to reflect the revised hazard mitigation SOW. Page 4 of 8 FEMA Recovery Policy FP 1009-7 42 FEMA F. ENVIRONMENTAL AND HISTORIC PRESERVATION Outcome: Ensure all projects are compliant with environmental and historic preservation (EHP) laws, regulations, and executive orders. 1. FEMA will conduct EHP compliance reviews on the actual SOW to be implemented. EHP review needs to occur prior to FEMA approval and prior to the Applicant starting anywork that has potential to impact the environment, historic properties, or archaeological resources. This includes, but is not limited to, demolition, site preparation, and ground disturbing activities. 2. The Applicant must comply with all applicable EHP laws, regulations, and Executive Orders in accordance with the FEMA Directive 108-1, Environmental Planning and Historic Preservation Responsibilities and Program Requirements, and accompanying Instruction. Non-compliance with EHP conditions and requirementsmay result in the deobligation of funds. G. COST ESTIMATES Outcome: Develop fixed -costs based on accurate cost estimates. 1. FEMA or the Applicant may develop cost estimates as follows: FEMA will prepare its estimates using the Cost Estimating Format (CEF) and will include the CEF contingency factor "Applicant Reserve for Change Orders: b. Applicant -submitted estimates must comply with Chapter 3.II.D of the PAPPG. FEMA will evaluate Applicant -submitted estimates using the Public Assistance: Reasonable Cost Evaluation Job Aid. This Job Aid includes a checklist in Appendix A: Validation of Applicant -Provided Cost Estimates, which FEMA will use to review and validate cost estimates. c. The estimate must be based on the current phase of design or construction inclusive of ny known costs. d. If eligible work has been completed at the time the cost estimate is developed that portion of the fixed amount will be based on the actual cost. e. The cost estimate must include a reduction to account for any anticipated insurance proceeds based on the Applicant's insurance policy, or if known, the actual insurance proceeds. 2. A FEMA -funded, independent panel of cost estimating experts may review project estimates. The review will be limited to issues pertaining to the estimated cost and the panel will not make decisions related to the eligibility of work. However, it may make determinations about whether cost elements are requiredto execute the SOW. The panel may review cost documentation for completed work, if necessary. . FEMA may request the independent panel review for any cost estimate. b. Applicants may request the panel review the estimate for any project with anestimated Federal share of at least $5 million. c. All project estimates with an estimated Federal share of $25 million or greater will be reviewed by the independent panel. Page 5 of 8 FEMA Recovery Policy FP 1009-7 43 �RYdj FEMA d. The panel will complete its review before FEMA transmits the fixed -cost offer. H. INSURANCE Outcome: Ensure FEMA assistance does not duplicate insurance proceeds. 1. Fixed -cost amounts will be reduced to avoid duplication with insurance proceeds in accordance with Chapter 2.V.P.1 of the PAPPG. This includes any necessary adjustments at closeout. 2. All insurable facilities for which funds are used (including excess funds) are subject to O&M requirements in accordance with Chapter 2.VII.A of the PAPPG. If the Applicant does not comply with the O&M requirement, FEMA will deobligate the fixed amounts related to the non-compliance and the facilities for which the Applicant failed to comply will not be eligible for future PA funding. I. CLOSEOUT REQUIREMENT Outcome: Reduce the administrative costs associated with closeout by simplifying closeout documentation requirements and incentivize timely closeout. 1. Work must be completed by the end of the latest Pilot Project period of performance and the Recipient must certify that all incurred costs are associated with the approved SOW and that the Applicant completed all work in accordance with FEMA regulations and policies. The Recipient must submit its certification to FEMA within 180 days of the Applicant completing its last Pilot Project or the latest Pilot Project deadline, whichever occurs first, in order for the Applicant to retain and use any excess funds. 2. The closeout certification must include a final report of Pilot Project costs and documentation to support the following: a. Summary of actual work completed; b. Mitigation measures achieved, if applicable; c. Compliance with EHP requirements; d. Compliance with the O&M insurance requirement; e. Summary of total actual costs to complete the Pilot Projects; f. Compliance with Federal procurement procedures; and g. Actual insurance proceeds received. 3. Applicants do not need to track costs to specific work items. Applicants only need to substantiate and certify that all claimed costs are related to the overall work deemed eligible for the Pilot Projects. 4. Applicants must comply with the requirements of 2 CFR Part 200, including document retention. J. APPEAL FEMA will not consider appeals on a Pilot Project unless it is related to a cost adjustment made by FEMA after the fixed -cost offer is accepted (i.e., related to insurance, non- compliance, or an audit). Any disagreement on damage, SOW, or cost must be resolved Page 6 of 8 44 FEMA Recovery Policy FP 1009-7 FEMA prior to accepting a fixed -cost offer. Additionally, time extension denials on a Pilot Project are not appealable. K. AUDITS The U.S. Department of Homeland Security's Office of Inspector General and the U.S. Government Accountability Office have authority to audit any project. Once the Applicant signs the fixed -cost offer, FEMA may still adjust funding due to audit findings. L. PILOT POLICY VERSUS STANDARD PA POLICY The following table summarizes the differences between the Alternative Procedures Pilot policy and the standard PA policy: Alternative Procedures Policy Standard Policy Fixed -cost project with use of excess funds. Actual cost project. No retention of excess funds associated with the approved estimate. May use funds across all Pilot projects. Can only use funds toward the specific work identified in each specific project. After FEMA approves a SOW, approval is only required for changes that involve buildings or structures aged 45 years or older, ground disturbing activities, or work in or near water. After FEMA approves a SOW, approval is required for any change to the SOW. Do not need to track costs associated with changes to the SOW. Must track costs associated with all changes to the SOW. Do not need to track costs to specific work items. Only need to track the total costs associated with the Pilot Projects. Must track costs specific to each work item within each individual project.. Do not need to track work to specific Pilot Projects. Only need to substantiate that the work is related to the approved SOW covered in the Pilot Projects. Must track all work to each individual project. 0- 01 -1. - Keith Turi Assistant Administrator, Recovery Directorate August 29, 2019 Date Page 7 of 8 FEMA Recovery Policy FP 1009-7 45 FEMA ADDITIONAL INFORMATION REVIEW CYCLE This policy will be reviewed, reissued revised or rescinded by the Assistant Administrator of Recovery within 4 years of the date of signature on this policy. AUTHORITIES Robert T. Stafford Disaster Relief and Emergency Assistance Act 42 U.S.C. § 5121, et seq., as amended. QUESTIONS Direct questions to Tod Wells, Acting Director, Public Assistance Division, at Tod.WellsCc�fema.dhs.gov. Page 8 of 8 FEMA Recovery Policy FP 1009-7 46 Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE 1. RECIPIENT'S WEB -BASED PROJECT MANAGEMENT SYSTEM ub-Recipients must use the Recipient's web -based project management system to access and exchange project information with the State throughout the project's life. This includes processing payments, reimbursement requests, quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub -Recipient. 2. PROJECT DOCUMENTATION The Sub -Recipient must maintain all source documentation supporting the project costs. To facilitate closeout and audits, the Applicant should file all documentation pertaining to each project with the corresponding PW as the permanent record of the project. In order to validate Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the grants management system website. Contact the grant manager with questions about how and where to upload documents, and for assistance linking common documents that apply to more than one (1) PW. The Sub -Recipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five (5) years from the date of the Sub -Recipient account closeout by FEMA. The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period expires, and extends beyond the five (5) year period. The records must then be retained until alllitigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time it is acquired must be retained for five (5) years after final account closeout. Records relating to the acquisition of real property must be retained for five (5) years after final account closeout. 3. INTERIM INSPECTIONS Interim Inspections may be requested by the Sub -Recipient, on both small and Targe projects, to: i. Conduct insurance reconciliations; ii. Review an alternate scope of work; iii: Review an improved scope of work; and/or, iv. Validate scope of work and/or cost. Interim Inspections may be scheduled and submitted by the Recipient as a request in the grants management system under the following conditions: i. A quarterly report has not been updated between quarters; ii. The ub-Recipient is not submitting Requests for Reimbursement (RFR's) in a timely manner; iii. Requests for a Time Extension have been made that exceed the Grantee's/ Recipient's authority to approve; and/or, iv. There are issues or concerns identified by the Recipient that may impact funding under this agreement. 126 47 4. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for the Sub -Recipient to certify that all work has been completed. To ensure a timely closeout process, the Sub -Recipient should notify the Recipient within sixty (60) days of Project completion. The Sub -Recipient should include the following information with its closeout request: • Certification that project is complete; • Date of project completion; and, • Copies of any Recipient time extensions. Large Projects With exception of Fixed Cost Estimate Subawards, Altemate Projects and Improved Projects where final costs exceed FEMA's original approval, the final eligible amount for a Large Project is the actual documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that FEMA obligated based on an estimated amount; the Sub -Recipient should provide the documentation to support the actual costs. If the actual costs significantly differ from the estimated amount, the Sub -Recipient should provide an explanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. If the project included approved hazard mitigation measures; FEMA does not re-evaluate the cost-effectiveness of the HMP based on the final actual cost. If during the review, FEMA determines that the Sub -Recipient performed work that was not included in the approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original estimated amount, and review the additional SOW for EHP compliance. For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the funds in accordance with the eligibility criteria described in the PAPPG and guidance provided at http://www.fema.gov/alternative-procedures and in the referenced disaster specific guidance attached hereto. Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small Project. This applies even when FEMA obligates the PW based on an estimate and actual costs for completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount on individual Small Projects if one of the following conditions applies: • The Sub -Recipient did not complete the approved SOW; • The Sub -Recipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions; or, • Actual insurance proceeds differ from the amount deducted in the PW. In these cases, FEMA only adjusts the specific cost items affected. If none of the above applies, the Sub -Recipient may request additional funding if the total actual cost of all of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this case, the Sub -Recipient must request the additional funding through the appeal process, within sixty (60) days of completion of its last Small Project. FEMA refers to this as a net small project overrun appeal. The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or 127 48 more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. For Hurricane Dorian DR#4468, projects that are under $131,100.00 are considered small projects. In coordination with FEMA, the Division will accept a self -certification of small projects in lieu of project documentation for permanent work projects (Categories C -G). The self -certification will require the applicant to certify that the damaged facility is eligible, the scope of work is eligible, and that the funds will be expended in accordance with State and Federal law. A copy of the self -certification is attached hereto. This self -certification will be completed during project development in Grants Portal prior: to obligation. Once the proJect is obligated, the Division will reimburse the project without a request for reimbursement. However, in order to close out the project, the applicant must provide before and after photos of the project. 5. TIME EXTENSIONS FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The deadline for Emergency Work is six (6) months from the declaration date. The deadline for Permanent Work is eighteen (18) months from the declaration date. Deadllnes for Completion of Work Type of Work Emergency Work Permanent Work Months 6 18 If the Applicant determines it needs additional time to complete the project, including direct administrative tasks related to the project, it must submit a written request for a Time Extension to the Recipient with the following information: • Documentation substantiating delays beyond its control; • A detailed justification for the delay; • Status of the work; and, • The project timeline with the projected completion date. Recipient may extend Emergency Work projects by six (6) months and: Permanent Work projects by thirty (30) months. FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating circumstances justify additional time. This applies to all projects with the exception of those projects for temporary facilities. FEMA generally considers the following to be extenuating circumstances beyond the Applicant's control: • Permitting or EHP compliance related delays due to other agencies involved • Environmental limitations (such as short construction window) • Inclement weather (site access prohibited or adverse impact on construction) FEMA generally considers the following to be circumstances within the control of the Applicant and not justifiable for a time extension: • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • Change in administration or cost accounting system • Compilation of cost documentation Although FEMA only provides PA funding for work performed on or before the approved deadline, the Applicant must still complete the approved SOW for funding to be eligible. FEMA de -obligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved SOW 128 49 and the completed work is distinct from the uncompleted work, FEMA only de -obligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only de -obligates the amount related to the facility that the Applicant did not restore. ime Extension requests should be submitted prior to current approved deadlines, be specific to one project, and include the following information with supporting documentation: • Dates and provisions of all previous time extensions • Construction timeline/project schedule in support of requested time • Basis for time extension request: o Delay in obtaining permits • Permitting agencies involved and application dates o Environmental delays or limitations (e.g., short construction window, nesting seasons) • Dates of correspondence with various agencies • Specific details • Inclement weather (prolonged severe weather conditions prohibited access to the area, or adversely impacted construction) o Specific details • Other reason for delay o Specific details Submission of a Time. Extension request does not automatically grant an extension to the period of performance. Without an approved Time Extension from the State of FEMA (as applicable), any expenses incurred outside the P.O.P. are ineligible. 6. INSURANCE he Sub -Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace, financial assistance from insurance coverage and/or other sources. Actual oranticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Sub -Recipient further understands and agrees that if Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and/or other sources of funding, FEMA must de -obligate the funds per Stafford Act Sections 101 (b)(4) and 312 (c). As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252-253, for damaged facilities, the Sub -Recipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is Tess than $5,00000 In addition to the preceding requirements, the Sub -Recipient understands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub - Recipient to purchase and maintain insurance, where that insurance is "reasonably available, adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding. The Public Assistance Program and Policy Guide further states, "If the Applicant does not comply with the requirement to obtain and maintain insurance, FEMA will deny or de -obligate PA funds from the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not "reasonably available, adequate or necessary to protect against future loss" to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. he Sub -Recipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§ 206.252-253. he Sub -Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Sub -recipient further agrees 129 50 to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Sub -Recipient understands and agrees that it is required to pursue payment under its insurance policiesto the best of its ability to maximize potential coverage available. 7. COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS The Sub -Recipient is responsible forthe implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State, and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Sub-grantee/Sub-Recipient, and any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the local government comprehensive plan. The Sub -Recipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. The Sub -Recipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. 8. FUNDING FOR LARGE PROJECTS Although Large Project payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Sub -Recipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of all costs and will transmit the information to FEMA for its consideration for final funding adjustments (See Closeouts). The submission from the Sub -Recipient requesting this reimbursement must include: a) A Request for Reimbursement; b) A Summary of Documentation (SOD) which is titled Reimbursement Detail Report and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records, daily work logs, invoices, purchase orders, and change orders); and, c) The FDEM Cost Claim Summary Workbook along with copies of original documents such as contract documents, invoices, change orders, canceled checks (or other proof of expenditure), purchase orders, etc. 9. ADVANCES 1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A-87, A-110, A-122, and the Cash Management Improvement Act of 1990. 2. All advances must be held in an interest-bearing account with the interest being remitted to the Recipient as often as practicable, but not later than ten (10) business days after the close of each calendar quarter. 3. In order to prepare a Request for Advance (RFA) the Sub -Recipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and 130 51 subcontractors without unnecessary delay. The Sub -Recipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 5. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 6. The Recipient may advance funds to the Sub -Recipient, not exceeding the Federal share, only if the Sub -Recipient meets the following conditions: a) The Sub -Recipient must certify to the Recipient that Sub -Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) The Sub -Recipient must submit to the Recipient the budget supporting the request. 7. The Sub -Recipient must, submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety (90) days after receipt of the Advance; 8. The Recipient may, in its sole discretion, withhold a portion of the Federal and/or nonfederal share of funding under this Agreement from the Sub -Recipient if the Recipient reasonably expects that the Sub - Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub -Recipient was improper. Payments under the Public Assistance Altemative Procedures Program (PAAP) are paid as an Advance Payment. 10.. DESIGNATION OF AGENT The Sub -Recipient must complete Attachment D by designating at least three (3) agents to execute any Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the Sub -Recipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Sub -Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub -Recipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from the grants management system may not be received and could result in failure to meet time periods to appeal a Federal determination. 11. DUNS Q&A What is a DUNS number? The Data Universal Numbering System (DUNS) number is a unique nine -digit identification number provided by Dun &Bradstreet (D&B). The DUNS number is site specific. Therefore, each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number. 131 52 Who needs a DUNS number? Any Institution that wants to submit a grant application to the Federal govemment. Individual researcher do not need a DUNS number if they are submitting their application through a research organization. How do I get a DUNS number? Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement applicants/prospective applicants. Call the number below between 8 a.m. and 5 p.m., local time in the 48 contiguous tates and speak to a D&B representative. This proces will take approximately 5 —10 minutes and you will receive your DUNS number at the conclusion of the call. 1-866-705-5711 What do I need before I request a DUNS number? Before you call D&B, you will need the following pieces of information: • Legal Name • Headquarters name and ad dres for your organization • Doing busines as (dba) or other name by which your organization i commonly recognized • Physical addres • Mailing addres (if separate from headquarters and/or physical addre ) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications. The DUNS number will offer a way for the Federal government to better match information across all agencies. How do I see if my institution already has a DUNS number? Call the toll free number above and indicate that you are a Federal grant and/or cooperative agreement applicant. D&B will tell you if your organization already has anumber as igned. If not, they will ask if you wish to obtain one. Should we use the +4 extension to the DUNS number? Although D&B provides the ability to use a 4 -digit extension to the DUNS number, neither D&B nor the Federal govemment as ign any importance to the extension. Benefits, if any, derived from the extension will be at your institution only. Is there anything special that we should do for multi -campus systems? Multi -campus ystems can use what is called a parent DUNS number .to aggregate information for the ystem as a whole. The main campus will need to be as igned a DUNS number. Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus ubmits grant applications as a unique grantee organization, then each campus needs to obtain their own DUNS number. What should we do if our institution has more than 1 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only that number. Are there any exceptions to the new DUNS number rules? 132 53 Individuals who would personally receive a grant or cooperative agreement award from the Federal govemment apart from any business or non-profit organization they may operate are exempt from this requirement. Who at my institution is responsible for requesting a DUNS number? This will vary from institution to institution. This should be done by someone knowledgeable about the entire structure of your institution and who has the authority to make such decisions. Typically, this request would come from the finance/accounting department or some other department that conducts business with a large cross section of the institution. We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don't want to be included in any marketing list. What can we do? Inclusion on a D&B marketing list is optional. If you do not want your name/organization includedon this marketing list, request to be de -listed from D&B's marketing file when you are speaking with a D&B representative during your DUNS number telephone application. Who do we contact if we have questions? If you have questionsabout applying for a DUNS number, contact the Dun & Bradstreet special phone number 1-866-705-5771. If you have questions concerning this new Federal -wide requirement, contact Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at sswab(omb.eop.gov. 12. Substitute Form W-9 Submission and My Florida Marketplace (MFMP):Registration For the purpose of this Agreement, a Sub -Recipient is also a Vendor. The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9. The purpose of a Form W-9 is toprovide a Federal Taxpayer Identification Number (TIN), official entity name, a business designation (sole proprietorship, corporation, partnership, etc.), and other taxpayer information to the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue Service Form W-9. Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and services or make payments to any vendor that does not have a verified Substitute W-9 on file with the Department of Financial Services. Vendors are required to register and submit a Form W-9 on the State's Vendor Website at httos://flvendor.mvfloridacfo.com. Sub -recipient must register with My Florida Marketplace utilizing myforidamarketplace.com website concurrent with the execution of this agreement. Registration must be complete prior to returning this agreement to FDEM for execution. 13. Small, Women Owned and Minority Owned Businesses 2 CFR 200.321 requires a non -Federal entity take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. These affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring -that small -and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 133 54 (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;. (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the of irmative steps listed in paragraphs (1) through (5) of this section. 134 55 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on Federal awards (Federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. he FFATA Subaward Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or "Division") must use to capture and report sub -award and executive compensation data regarding first-tier subawards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and retumed to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a subaward (Agreement) that obligates $25,000 or more in Federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): DUNS# 07-920-8989 Indian River County ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY Vero Beach Sector 3 Beach Erosion (no address available) GPS: 27.81158,-80.42233 : 27.72468,-80.37893 Sector 5 Beach Erosion (no address available) GPS: 27.68495,-80.36497: 27.64189,-80.35229 Sector 7 Beach Erosion (no address available) GPS: 27.61434,-80.34334 : 27.58785,-80.33015 STATE FL ZIP CODE+4** 32960-0310 CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: *"Providing the Zip+4 ensures that the correct Congressional District is reported. Private non profits and state agencies may move to the signature block below to complete the certification and submittal process. EXECUTIVE COMPENSATION INFORMATION: 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide): a. . Receive 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the ransparency Act, as defined at 2 CFR 170.320 (and subawards); AND 56 135 b. $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No[� If the answer to Question 1 Is "Yes," continue to Question 2. If the answer to Question 1 is "No'; move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No El If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No," provide the information required In the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives', in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. Eamings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurancepaid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 136 57 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal .Year Completion ) Rank (Highest to Lowest) Name (Last, First, MI) Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS AC URATE. SIGNATURE: NAME AND TITLE: DATE: Susan Adams, Chairman 58 137 Attachment I. Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix 11 to 2 CFR Part 200. It is the responsibility of the Sub -Recipient to include the required provisions. FEMA has created a guidance document/checklist pertaining to these required provisions. It is at ached hereto as At achment I. 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses Requirements under the Uniform Rules. A non -Federal entity's contracts must contain the applicable contract clauses described in Appendix 11 to the Uniform Rules (Contract Provisions for non -Federal Entity Contracts Under Federal Awards), which are set forth below. 2 C.F.R. §200.326. For some of the required clauses we have included sample language or a reference a non -Federal entity can go to in order to find sample language. Please be aware that this is sample language only and that the non - Federal entity alone is responsible ensuring that all language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II. We do not include sample language for certain required clauses (remedies, termination for cause and convenience, changes) as hese must necessarily be writ en based on the non -Federal entity's own procedures in that area. 1. Remedies a. Standard: Contracts for morethan the simplified acquisition threshold ($150,000) must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II, ¶ A. b. Applicability: This requirement applies to all FEMA grant and cooperative. agreement programs. 2. Termination for Cause and Convenience a. All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for set lement. See 2 C.F.R. Part 200, Appendix II, B. b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. 3. Equal Employment Opportunity a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under-41-C.F.R.1 60- 1.4(b),- in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). 138 59 See 2 C.F.R. Part 200, Appendix II, C. b. Key Definitions. (1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Govemment or borrowed on the credit of the Govemment pursuant to any Federal .program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Govemment for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. (2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to : all FEMA grant and cooperative agreement programs. d. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause: "Durinq the performance of this contract. the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other -contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of 139 60 September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary. of Labor. 5) The contractor will fumish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In . the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Govemment contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." 4. Davis Bacon Act and Copeland Anti -Kickback Act a. Applicability of Davis -Bacon Act. The Davis -Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. b. All prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40.S.C. §§ 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix 11, D. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not Tess than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. 140 61 d. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. e. In contracts subject to the Davis -Bacon Act, the contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to FEMA. f. Theregulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that: applies to compliance with both the Davis -Bacon and Copeland Acts. However, as discussed in the previous subsection, the Davis -Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis -Bacon Act does not apply, neither does the Copeland "Anti -Kickback Act." However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause: "Compliance with the Copeland "Anti -Kickback" Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40. U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12." 5. Contract Work Hours and Safety Standards Act a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix , E. c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in 141 62 excess of 40 hours in the work week. d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that nolaborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intel igence. e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: "Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of aborers or mechanics shal require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for al hours worked in excess of forty hours in such workweek. (2) Violation; iability for unpaid wages; iquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shal be liable for the unpaid wages. In addition, such contractor and subcontractor shal be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shal be computed with respect to each individual aborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and iquidated damages. The (write in the name of the Federal . agency or the oan or grant recipient) sha upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federa contract with the same prime contractor, or any other federal y -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shal insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shal be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." 6. Rights to Inventions Made Under a Contract or Agreement 142 63 a. Stafford Act Disaster Grants. This requirement does not ap ly to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to .Individuals and Households — Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of "funding agreement." b. If the FEMA award meets the definition of "funding agreement" under 37 C.F.R.§ 401.2(a) and the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non -Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Govemment Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II, F. c. The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as, any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 7. Clean Air Act and the Federal Water Pollution Control Act Contracts of amounts in excess of $150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C.§§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, G. a. The following provides a sample contract: clause conceming compliance for contracts of amounts in excess of $150,000: Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal govemment) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in tum, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act 64 143 (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in tum, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA." 8. Debarment and Suspension a. Applicabilitv: This requirement applies to all FEMA grant and cooperative agreement programs. b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, 6.d, and Appendix C, 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV, 6.d and Appendix C, 2. d. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any nonprocurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Govemment for purposes of the nonprocurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. e. Specifically, a covered transaction includes the following contracts for goods or services: (1) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. 144 65 (2) The contract requires the approval of FEMA, regardless of amount. (3) The contract is for federally -required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000. d. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified: Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Govemment may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 9. Byrd.Anti-Lobbying Amendment a. Applicability: This requirement applies to all FEMA .grant and cooperative agreement programs. b. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, 4. c. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. See PDAT Supplement, Chapter IV, 6.c and Appendix C,4. 145 66 d. The following provides a Byrd Anti -Lobbying contract clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding . $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer oremployee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. 146 67 Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 10. Procurement of Recovered Materials a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section. 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, J; 2 C.F.R. § 200.322; PDAT Supplement, Chapter V, 7. c. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price ofthe item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year . exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. The following provides the clause that a state agency or agency of a political subdivision of a state and its contractors can include in contracts meeting the above contract thresholds: "(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or 147 68 (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA - designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpq-program." 11. Additional FEMA Requirements a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal entity contracts. FEMA, pursuant to this authority, requires or recommends the following: b. Changes To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non - Federal entity include_ a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end -item procured. c. Access to Records All non -Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions goveming Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, XX0/I (2013). d. The following provides a contract clause regarding access to records: "Access to Records. The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal govemment), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." 12. DHS Seal, Logo, and Flags a. All non -Federal entities must place in their contracts a provision that a contractor shall 148 69 not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. See DHS Standard Terms and Conditions, v 3.0, XXV (2013). b. The following provides a contract clause regarding DHS Seal, Logo, and Flaps: "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval." 13. Compliance with Federal Law, Regulations, and Executive Orders a. All non -Federal entities must place into their contracts an acknowledgement. that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. b. The following provides a contract clause regarding Compliance with Federal Law, Regulations, and Executive Orders: "This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives." 14. No Obligation by Federal Government a. The non -Federal entity must include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. b. The following provides a contract clause regarding no obligation by the Federal Govemment: "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract" 15. Program Fraud and False or Fraudulent Statements or Related Acts a. The non -Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. b. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." 70 149 Attachment J DHS OIG AUDIT ISSUES and ACKNOWLEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where. Grantees/Recipients or Sub -Recipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small, minority, and women's owned firms were all given fair consideration. 4. Improper "cost -plus -a -percentage -of -cost" contracting practices. The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG -16-109-D dated July 1, 2016. The following may be reasons for the disallowance or total de -obligation of funding given under the FEMA/State agreement: 1.Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.) that can be readily retrieved. • Research insurance coverage and, seek reimbursement for the. maximum amount. Credit the appropriate FEMA project with that amount. 150 71 • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs (Federal Highways, Housing and Urban Development, etc.) and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the "Scope of Work." I acknowledge that I have received a copy of, and have been briefed on, the above DHS OIG Audit Issues. Indian River County Sub -Recipient Agency Date Signature Susan Adams, Chairman Printed Name & Title 72 151 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay pending obligations for eligible work. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20 -20 Anticipated Expenditures for First Three Months of Agreement Example: PW#00001(0) Contract Work $1,500,000.00 (provide detailed justification).. TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance). 152 73 Indian River County Interoffice Memorandum Office of Management & Budget 8t. Consent Agendapostp: zotoce To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: February 25, 2020 Subject: Miscellaneous Budget Amendment 005 Description and Conditions 1. On February 18, 2020 the Board of County Commissioners approved $400 to be used for the printing of vinyl banners encouraging Indian River County residents to participate in the 2020 Census. Exhibit "A" appropriates $400 from General Fund/Reserve for Contingency. 2. A county owned dump truck and skid steer loader were declared totaled by the insurance company. The insurance proceeds of $147,710 have been received. In order to replace this equipment, an additional $81,554 is required. Exhibit "A" transfers the insurance proceeds to the Road & Bridge department and funds the additional monies from Transportation Fund/Cash Forward -Oct 1St 3. On January 14, 2020, the Board of County Commissioners approved the sale of 2 County owned properties with proceeds credited to the SHIP Trust Fund. Exhibit "A" appropriates the funding of $5,008 to the SHIP Program. 4. On February 4, 2020, the Board of County Commissioners approved funding of the County's share of the 119) Drive Project. Exhibit "A" appropriates the funding of $1,300,000 from Optional Sales Tax/Cash Forward -Oct 1St 5. The Florida Department of Labor has invoiced the County for Unemployment Compensation in the Traffic Engineering and Information System Divisions. Exhibit "A" appropriates $1,650 from Transportation Fund/Reserve for Contingency and $3,300 from Information Technology/Cash Forward -Oct 1St 6. Emergency sand has been added to stabilize the boardwalk at Golden Sands Park. Exhibit "A" appropriates $24,980 from MSTU Fund/Cash Forward -Oct 1St 7. Accounting changes have been made that affect the recordation of FL Blue Admin Fees and Stop Loss Fees in the County's Health Insurance Fund. Exhibit "A" appropriates the revenues and expenses. 8. On February 18, 2020, the Board of County Commissioners approved a purchase price of $10,000 to purchase the former Gifford Gardens property. An additional $8,000 is being funded to pay for the title search, recording fees, outstanding taxes and interest. Exhibit "A" appropriates $18,000 from General Fund/Cash Forward -Oct 1St 153 Board of County Commissioners February 25, 2020 Page 2 9. The Tax Collector's budget is due to the County on August 1st of each year. Since the Tax Collector is a fee officer, the excess fees are returned to the County at the end of the fiscal year. In order to "true up" the Tax Collector's budget to reflect the actual net cost, an increase in several funds is needed. Exhibit "A" appropriates funds from General Fund/Cash Forward - Oct 1st for $291,627, MSTU Fund/Cash Forward -Oct 1st for $14,452, Emergency Services District/Cash Forward -Oct 1st for $117,866 and SWDD/Cash Forward -Oct 1st for $9,910. 10. Insurance Proceeds were received for Wabasso Fishing Pier as a result of Hurricane Matthew. After demolition, the remaining insurance proceeds will be transferred to the County's Self Insurance Risk Fund. Exhibit "A" appropriates $847,196 from Florida Boating Improvement Fund/Cash Forward- Oct 1st 11. Several projects need to be "rolled over" into the new fiscal year. Exhibit "A" appropriates $218,196 from MSTU/Cash Forward -Oct 1st, $80,000 from County Impact Fees/Cash Forward -Oct 1st, $139,800 from Optional Sales Tax/Cash Forward -Oct 1st, $39,635 from Emergency Services District/Cash Forward -Oct 1st., $110,664 from the Jackie Robinson Training Complex/Cash Forward -Oct 1st, and $16,735 from Beach Restoration Fund/Cash Forward -Oct 1st Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2019-2020 budget. 5� RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2019-2020 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2019-2020 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2019-2020 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2019-2020 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Peter D.O'Bryan Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2020. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Susan Adams, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY AT1NEY Resolution No. 2020 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment: 005 Entry Number Type Fund/ Department/Account Name Account Number Increase Decrease 1. Expense General Fund/BCC/Other Promotional Expense 00110111-034820 $400 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $400 2. Revenue Self Insurance/Cash Forward -Oct 1st 502039-389040 $147,710 $0 Expense Self Insurance/Transfer Out 50224613-099210 $147,710 $0 Revenue Transportation Fund/Cash Forward -Oct 1st 111039-3389040 $81,554 $0 Revenue Transportation Fund/Transfer In 111039-381020 $147,710 $0 Expense Transportation Fund/Road & Bridge/Other Machinery & Equipment 11121441-066490 $229,264 $0 3. Revenue SHIP/Misc. Revenue/Land Sales 123038-364010 $5,008 $0 Expense SHIP/Rehab Loan/Owner Occupied 12322869-088070 $5,008 $0 4. Revenue Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $1,300,000 $0 Expense Optional Sales Tax/37th St/US 1 to IR Blvd/11th Dr. 31521441-066510-13009 $1,300,000 $0 5. Revenue Information Technology/Cash Forward -Oct 1st 505039-389040 $3,300 $0 Expense Information Technology/IS/Unemployment Compensation 50524113-012150 $3,300 $0 Transportation Fund/Traffic Engineering/Unemployment Compensation 11124541-012150 $1,650 $0 Transportation Fund/Reserve for Contingency 11119981-099910 $0 $1,650 6. Revenue MSTU Fund/Cash Forward -Oct 1st. 004039-389040 $24,980 $0 Expense MSTU Fund/Recreation/Other Contractual Services 00410872-033490-20021 $24,980 $0 7. Revenue Employee Health/Misc. Revenue/Stop Loss Payments 504038-369957 $456,000 $0 Employee Health/Service Charges/Insurance Charges 504034-395020 $966,264 $0 Expense Employee Health Insurance/Stop Loss Fees 50412719-034589 $816,000 $0 Employee Health Insurance/FL Blue Admin Fees 50412719-034588 $606,264 $0 "8 Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $18,000 $0 Expense General Fund/Facilities Management/Other Professional Services/Gifford Gardens 00122019-033190-20222 $18,000 $0 1 of 2 \5(p Resolution No. 2020 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment: 005 Entry Number Type Fund/ Department/Account Name Account Number Increase Decrease 9. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $291,627 $0 MSTU Fund/Cash Forward -Oct 1st 004039-389040 $14,452 $0 Emergency Services District/Cash Forward -Oct. 1st 1141039-389040 $117,866 $0 SWDD/Cash Forward -Oct 1st 411039-389040 $9,910 $0 Expense General Fund/Budget Transfer -Tax Collector 00140086-099070 $291,627 $0 MSTU Fund/Budget Transfer -Tax Collector 00440086-099070 $14,452 $0 Emergency Services District/Fire Rescue/Budget Transfer- Tax Collector 11412022-099070 $117,866 $0 SWDD/Landfill/Budget Transfer -Tax Collector 41121734-099070 $9,910 $0 10. Revenue Florida Boating Improvement Fund/Cash Forward -Oct 1st 133039-389040 $847,196 $0 Self Insurance/Transfer In 502039-381020 $847,196 $0 Expense Florida Boating Improvement Fund/Parks/Transfer Out ' 13321072-099210 $847,196 $0 Self Insurance Fund/Risk Management/General Liability Insurance 50224619-034530 $847,196 $0 11. Revenue' MSTU/Cash Forward -Oct 1st. 004039-389040 $218,196 $0 Information Technology/Transfer In 505039-381020 $218,196 $0 County Impact Fees/Cash Forward -Oct 1st 103039-389040 $80,000 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $139,800 $0 Emergency Services District/Cash Forward -Oct 1st 114039-389040 $39,635 $0 JRTC/Cash Forward -Oct 1st 308039-389040 . $110,664 $0 Beach Restoration Fund/Cash Forward -Oct 1st. 128039-389040 $16,735 $0 Expense MSTU/Transfer Out 00419981-099210 $218,196 $0 Information Technology/Telecommunications/Other Professional Services 50523437-033190 $218,196 $0 County Impact Fees/Admin/Other Professional Services 10320415-033190 $80,000 $0 Optional Sales Tax/Transfer Out 31519981-099210 $139,800 $0 Emergency Services District/Fire Rescue/Other Operating Supplies-PEMT 11412022-035290-200223 $39,635 $0 JRTC/Jackie Robinson Training Complex -Maintenance 30816275-034610-19024 $110,664 $0 Beach Restoration Fund/Other Contractual Services - Dorian 12814472 -033490-19028 $16,735 $0 2 of 2 15 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 24, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Rejection of Bids for 2020024 — NCAC Deck Lighting BACKGROUND: On behalf of the Recreation Division, sealed bids were requested for the replacement of existing deck.lights with LED lights, providing a minimum of 15 foot candles throughout the pool and deck surfaces, to be mounted on the existing poles at the North County Aquatic Center (NCAC). BID RESULTS: Advertising Date: January 14, 2020 Bid Opening Date: February 4, 2020 Broadcast to: 367 Vendors Bid Documents Downloaded by: 10 Vendors Replies: 2 Vendors Firm Location ItiFilliga Price Citory Solutions, LLC Orlando $23,017.39 Davco Electrical Contractors Corp. Boynton Beach $109,686.00 ANALYSIS: The Recreation Division allocated $60,000 for the project in the current budget. During the review of bids, the Recreation Division asked the Purchasing Division to confirm the low bidder can comply with the minimum coverage requirements. The low bidder prepared a photometric map and identified areas where the minimum requirements were not met. The low bid was therefore determined to not be responsible. The other bid is significantly higher than the budgeted amount, and also proposed a lengthy timeline to complete the work (150 days). Staff proposes to modify the scope and requirements of the bid and resolicit. 158 SOURCE OF FUNDS: Funding for the project is budgeted and available in the NCAC Maintenance of Structures Except Buildings (00410472-034660) account in the MSTU Fund. There is no anticipated cost associated with resoliciting the work. RECOMMENDATION: Staff recommends that the Board reject all bids received in response to 2020024 and authorize staff to resolicit the work. 159 Bi4 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 24, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2020026 — Demolition of 1200 37th Street BACKGROUND: The Board approved the purchase of a 2.2 -acre parcel from Indian River Surgery Properties, LLC on September 10, 2019 for right-of-way and stormwater treatment for the planned extension of 11th Drive from 37th Street to 41st Street. The parcel includes a 10,386 square foot building, which has been unoccupied since 2016 and requires removal. On behalf of the Public Works Department, bids for demolition of the building at 1200 37th Street were solicited with the results shown below. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Downloaded by: Replies: January 29, 2020 February 12, 2020 549 Vendors 16 Vendors 7 Vendors Firm Location Total Bid Price South Florida Building, Inc. Hobe Sound $54,094 The BG Group, LLC Delray Beach $58,149 Summit Construction of Vero Beach, LLC Vero Beach $59,800 DH Griffin Wrecking Co., Inc. Plant City $84,802 Bill Bryant & Associates, LLC Vero Beach $89,888 Republic Construction Corp Delray Beach $98,000 Southern Majestic Homes Lake Wales DQ* *Southern Majestic Homes bid was disqualified for unsigned, but notarized, Disclosure of Relationships form. ANALYSIS: The department has determined South Florida Building, Inc. to be the lowest, responsive and responsible bidder and has made recommendation of award to the firm. 160 SOURCE OF FUNDS: Funding in the amount�of $54,094.00 for demolition of the building is available in Optional Sales Tax/37th St/US 1 to Indian River Blvd., Acct# 31521441-066510-13009. RECOMMENDATION: Staff recommends the Board award bid 2020026 to South Florida Building, Inc., in the amount of $54,094.00, approve the sample agreement and authorize the Chairman to sign the agreement after the County Attorney has reviewed it as to form and legal sufficiency. ATTACHMENT: Sample Agreement 161 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 South Florida Building Corporation (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: Demolition of 1200 37th Street 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: Demolition of 37th Street Bid Number: 2020026 Project Address: 1200 37th Street, Vero Beach ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 60th 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 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 $388.00 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. 162 ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. For all Work, at the price stated in CONTRACTOR's lump sum Bid: Numerical Amount: $54,094.00 Written Amount: Fifty-four thousand, ninety-four dollars and zero cents ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the 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, 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. 163 B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 8, inclusive); (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2020026; 164 (5) Addendum 1; (6) CONTRACTOR'S Bid Form (pages 16 and 17 of 36, inclusive); (7) Bid Bond (pages 1 and 2 inclusive); (8) Drug Free Workplace Form (page 18 of 36); (9) Affidavit of Compliance (page 19 of 36); (10) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 20 and 21 of 36, inclusive); (11) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 22 of 36); (12) Certification Regarding Lobbying (page 23 of 36); (13) 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 165 A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 166 B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR .shall _be_liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and 167 (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 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. 168 This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By:. By: Susan Adams, Chairman (Contractor) By: (CORPORATE SEAL) 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: Attest Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Richard Szpyrka, P.E. Designated Representative: Title: Public Works Director Name: Address: 1801 27th Street, Vero Beach, FL 32960 Title: Phone: (772) 226-1379 Address: Email: rszpyrka@ircgov.com. Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 169 go INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: SUBJECT: February 25, 2020 BOARD OF COUNTY COMMISSIONERS Jason E. Brown, County Administrator Kristin Daniels, Budget Director Jennifer Hyde, Purchasing Manager Designation of Excess Equipment as Surplus BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board declare the items on the Excess Equipment List for 030320 Agenda as surplus, and authorize their sale and/or disposal, as indicated. ATTACHMENT: List for 030320 Agenda 170 List for 030320 Agenda Dept # Asset Fleet Description VIN/Serial Working y/n 269 3535 163 1980 Trailer used to haul mini excavator 8AP8028 N 471 28558 230 2006 Bobcat Mini Excavator 407116004 Y 244 21896 233 2004 Ford Explorer 1FMZU72K64UB44407 N 212 21976 640 White Chevy Cavalier 4 -door VIN # 1G1JC52F547367041 Y 244 23528 806 2006 F150 Pickup Truck 1FTRF12286KD98923 N 300 14714 Micron 797A microfiche scanner 2470731 3A6817 Y 245 20841 Jamer Technologies traffic count board T-2848 N 202 20984 Manitowoc Ice Machine 1101046078 N 400 22159 BUD -DOUBLE RACK FOR SERVER W LADDER - 4 POST Y 400 22951 CANNON CAMERA IN BAG DM-GL2A Y 212 23482 Dell Optiplex 745 Desktop Computer CS 2435/CRNSFC1 N 23483 Dell Optiplex 745 8RNSFC1 N 23657 Work Stations in the recording department Y 500 23967 Toshiba Copier Studio 202L N 243 24140 Large Format Printer Model KM-3650/ID CV292 N 229 24196 Dell Latitude D620 SVC Tag # DMGTDI / CS # 2513 Y 911 25980 UPS Module N 208 26112 Dell Lattitude 26412482233 N 300 26225 Kodak i405 Scanner (large format sheet fed) 9246 Y 110 26492 Tire Machine Y 400 26571 DELL TAPE DRIVE LSEH-001 Y 300 26620 Contex XD2490 Wide Format Scanner MG52D/MG52D230495 N 124 27664 HP DesignJet T1300 PS Large Format Printer CN43RHK02W N 236 27760 Ice-O-matic ice machine 14051280011174 N 204 27808 Dell Optiplex 7020 Computer 66ZQG42 Y 400 27912 DELL TAPE DRIVE SGH-001 Y 208 28867 Optiplex 5040 (Hard drive removed) N 208 28891 Dell Lattitude E5570 37000625474 N 208 28980 Dell Lattitude E5570 9006465602 N 208 28981 Dell Lattitude E5570 12501746498 N 208 28984 Dell Lattitude E5570 16875513218 N 911 30935 Gamatronic Module Power + SA 10K VA N 224 115010 RL 20 Lazer Surveyor w/Access TOPCOR33256 N 224 132490 TOPCON Laser & Detector RL20 TOPCOR37581 N 118 209660 HP DesignJet 800 PS Printer SG23E3100G Model: C7779C N 118 Brother Facsimile Transceiver Model FAX - 1270s U60302H6K713572 N 400 2 DELL MONITOR 1708FPB Y 400 2 (PHONE 6S GOLD - BAD EAR PC Y 400 2 NETGEAR PRO SECURE UTM 50 Y 400 2 RAM MEMORY CHIPS (DELL) / DDR1-EDGE 1GB Y 400 2 RAM MEMORY CHIPS / DDR2 - CRUCIAL 1GB Y 400 2 RAM MEMORY CHIPS / DDR2 - CRUCIAL 4GB Y 400 2 RAW IMAGE ADAPTER DID66036 Y 400 2 U.S ROBOTICS 56K M 3CP3453 Y 109 22 Wood Chairs with Padded Backs Y 400 2 -PORT SERIAL - 550 VALVE Y 400 3 FUJITSU SCANNER W POWER CABLES FI -6110 Y 109 3 Wooded Folding Tables Y 400 4 ZAGG FOLIO Y 109 7 Upholstered Lounge Chairs and 3 Lounge Tables Y 400 9 LOW PROFILE ACCESSORY KIT Y 300 Brother Electric Typewriter Model SX -4000 E6K362730 Y 400 DELL DESKTOP - NO DRIVE OPTI 380 Y 400 DELL MONITOR P19072 Y 400 DELL MONITOR P190ST Y 208 DELL OPTIPLEX 740 - HARD DRIVE REMOVED JGDPSF1 Y 208 DELL OPTIPLEX 740 - HARD DRIVE REMOVED 53YWNJ1 Y 208 DELL OPTIPLEX 780 00186-132-186-447 Y 208 DELL OPTIPLEX 780 00186-132-186-518 Y 171 List for 030320 Agenda Dept # Asset Fleet Description VIN/Serial Working yin 208 DELL OPTIPLEX 780 00186-132-186-447 Y 208 DELL OPTIPLEX 780 00186-132-186-449 Y 208 DELL OPTIPLEX 780 00186-132-047-612 Y 208 DELL OPTIPLEX 780 00186-138-262-414 Y 208 DELL OPTIPLEX 780 00186-138-261-148 Y 208 DELL OPTIPLEX 780 00186-132-186-478 Y 208 DELL OPTIPLEX 780 00186-153-866-988 Y 208 DELL OPTIPLEX 780 00186-142-406-983 Y 229 Dell Optiplex 790 4D2HMSI Y 208 DELL OPTIPLEX 790 - HARD DRIVE REMOVED JRPBHS1 Y 208 DELL OPTIPLEX 790 - HARD DRIVE REMOVED JRP3JS1 Y 208 DELL OPTIPLEX 790 - HARD DRIVE REMOVED JRPFHS1 Y 208 DELL OPTIPLEX 790 - HARD DRIVE REMOVED JRPLS1 Y 208 DELL OPTIPLEX 790 - HARD DRIVE REMOVED JRP7J51 Y 208 DELL OPTIPLEX 790 - HARD DRIVE REMOVED JRP4J51 Y 208 DELL OPTIPLEX 790 - HARD DRIVE REMOVED JRP6J51 Y 208 DELL OPTIPLEX 790 - HARD DRIVE REMOVED JRP5HS1 Y 208 DELL OPTIPLEX 790 - HARD DRIVE REMOVED JRP2JS1 Y 208 DELL OPTIPLEX 790- HARD DRIVE REMOVED JRPGHS1 Y 208 DELL OPTIPLEX 790- HARD DRIVE REMOVED JRPGHS1 Y 208 DELL OPTIPLEX 790- HARD DRIVE REMOVED JRP51S1 Y 208 DELL OPTIPLEX 790- HARD DRIVE REMOVED JRP81S1 Y 208 DELL OPTIPLEX GX620 - HARD DRIVES REMOVED 8GX7191 Y 208 DELL OPTIPLEX GX620 - HARD DRIVES REMOVED 91M7J91 Y 208 DELL OPTIPLEX GX620 - HARD DRIVES REMOVED H8LWG91 Y 208 DELL OPTIPLEX GX620 - HARD DRIVES REMOVED GW61P91 Y 208 DELL OPTIPLEX GX620 - HARD DRIVES REMOVED DSF2S91 Y 400 DELL SERVER MANGE CARD Y 400 DEWALT DRILL/W CHARGER/ BOX OW9072 Y 208 Evolis Badgy - ID card printer 10000302200 Y 400 HP DATA TAPE LTO 3 Y 400 HP DATA TAPE LTO 4 Y 400 HP DESKJET 1010 Y 217 HP Laserjet 1200 Series CNBRF03575 Y 208 HP Scanjet 5590 Model FCLSD-0406 CN5B9SROK4 Y 208 Kodak EKTAGRAOHIC III Projector w/ 2 slide cartridge cases A-319656 Y 217 Kyocera Color Printer 00 -CE -EE -10-90 Y 400 L175 TELEPHONE HEADSET SYSTEM Y 265 Lexmark Printer 99559M9 Y 109 Minolta MS7000 Microfiche Reader 33005362 Y 109 Misc. File Cabinets (7) Y 400 NETGEAR PRO SECURE UTM 10 Y 400 NETGEAR SWITCH GS728TP Y 471 Quincy Air Compressor QR325DT00009 Y 400 SAMSUNG FUSER JC96-03406A Y 400 SATA 2.5/3.5 ADAPTOR / STARTECH Y 400 SERVER DRIVE HD - ULTRA 320 SCI Y 400 ZAGG FOLIO BT / FOLIO I PAD AIR Y 400 ZAGG RUGGED MESSENGER Y 172 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services PP CONSENT AGENDA BCC Meeting 03.03.2020 Date: February 21, 2020 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Bela Nagy, Golf Professional Subject: Renewal of Agreement for Food Concession Services and Lease at Sandridge Golf Club BACKGROUND & ANALYSIS: On February 10, 2015, in response to an RFP, a selection committee came to an agreement with Di'Michelli's Catering Inc. to operate and manage the snack bar operation at the Sandridge Golf Club. On March 10, 2015, the Board approved the recommendation and the Chairman signed a Lease Agreement for sixty (60) months commencing on April 1, 2015 and terminating on March 31, 2020. The original Lease calls for successive 1 year renewal periods not to exceed an aggregate lease term of 10 years. The Agreement may be terminated for cause, or upon the expiration of the 1 year term, and may only be renewed under mutually acceptable terms. The monthly rent is calculated based on the sales including 10% of all food and non-alcoholic beverage gross income and 15% of alcoholic beverage gross income. The rent income the first full fiscal year of business revenue totaled $23,180.42 in the fiscal year 2015-16 and has increased to $27,079.93 in fiscal year 2018-19. For the current budget year, sales are currently 14.2% above last year through the end of February. Di'Michelli's has made a number of improvements to the restaurant as per the lease including new tables, chairs, cabinetry and equipment. and has fulfilled all of their obligations as per the lease for the initial term. FUNDING: The rental revenue to be received shall continue at the rate of 10% of all food and non-alcoholic beverage gross income and 15% of alcoholic beverage gross income per month payable on the first day of each month. RECOMMENDATION: Staff respectfully requests that the Board accept the first renewal term under the existing lease and authorize the Chair to execute the document. ATTACHMENTS: • Agreement For Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. • Assumption and Joinder to Agreement for Food Concession Services and Lease between Indian River County and Di'Michelli's Catering, Inc. (BCC 12/12/2017) • Agreement for Food. Concession Services and Lease between Indian River County and Di'Michelli's Catering, Inc. (BCC 03- 10-2015) APPROVED AGENDA ITEM FOR MARCH 03, 2020 173 RENEWAL OF AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY AND DI'MICHELLI'S CATERING, INC. This Renewal of Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. ("Renewal") is entered into this _ day of March, 2020 ("Effective Date"), by and between Indian River County ("County"), whose address is 1801 27th Street, Building A, Vero Beach, FL, 32960, and Di'Michell's Catering, Inc., a Florida corporation whose address is 857 South Kings Highway, Ft. Pierce, FL, 34949 (the "Concessionaire"). WHEREAS, County and Concessionaire entered into the Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc., (the "Agreement") which commenced on April 1, 2015; and WHEREAS, the Agreement is set to terminate on March 31, 2020; and WHEREAS, the Agreement can be renewed for successive one year terms for a maximum of ten years; and WHEREAS, County and Concessionaire desire to renew the Agreement for one year, until March 31, 2021, under the terms as set forth in the Agreement; and NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The recitals are true and correct and are adopted by reference herein. 2. The Agreement is renewed until March 31, 2021, unless otherwise terminated as set forth in the Agreement. 3. All other terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this Renewal of Agreement for Food Concession Services and Lease Between Indian River County and Di'Michelli's Catering, Inc. as of the day and year first written above. 174 CONCESSIONAIRE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY By: Di'Michelli's Catering, Inc. Susan Adams, Chairman Juliann Petticrew, President Board of County Commissioners Approved by the BCC: WITNESS: WITNESS: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: APPROVED: By: By: Dylan Reingold, County Attorney Jason E. Brown, County Administrator 175 ASSUMPTION AND JOINDER TO AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN. RIVER COUNTY AND DI'MICHELLI'S CATERING, INC. THIS ASSUMPTION AND JOINDER to Agreement for Food Concession Services and Lease is entered into this 12 day of December, 2017, by and between Bottom's Up Beverage of Florida, LLC, a Florida Limited Liability Company, 857 South Kings Highway, Ft. Pierce, FL 34945 (Bottom's Up); and Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, (the "County") as of the date set forth below as the effective date (the "Effective Date"). BACKGROUND FACTS WHEREAS, the County is the owner of Sandridge Golf Club, 5300 73rd Street, Vero Beach, Florida, 32967 (the "Course") which includes a 1,705 square foot food, service facility operated within the Sandridge Golf Club clubhouse; and WHEREAS, the County and Di'Michelli's Catering, Inc., (Di'Michelli's) entered into an Agreement for Food Concession Services and Lease (Agreement) dated March 10, 2015 to operate the food service facility. The Agreement is in full force and effect and will expire on April 1, 2020, but may be renewed for five additional one year periods; and WHEREAS, Bottom's Up Beverage of Florida, LLC, (Bottom's Up) is owned by the same entity and operated by the same officer as De'Michelli's Catering, Inc., and WHEREAS, Bottom's Up is desirous to assume and join in the Agreement as a fully responsible co -tenant; and WHEREAS, having Bottom's Up as a party on the Agreement will provide for easier banking and financial operations for Di'Michelli's; and WHEREAS, it is the intent of the County and Di'Michelli's that Bottom's Up be added as a party and co -tenant to the Agreement, joining in on all benefits and liabilities of the Agreement; and WHEREAS, Bottom's Up contact information regarding this Assumption and Joinder is: FOR COUNTY: Indian River County 1801 27th Street Vero Beach, Florida 32960 TELEPHONE: (772) 770-5003 FOR BOTTOM'S UP: Bottom's Up Beverage of Florida, LLC 857 South Kings Highway Ft. Pierce, FL 34945 TELEPHONE: (772) 528=8095 NOW THEREFORE, in consideration of the mutual benefits to be derived from this agreement and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound agree as follows: 1 176 1. Background Facts. The above Background Facts are true and correct are incorporated herein by this reference. 2. .Assumption and Joinder. Bottom's Up hereby: assumes and joins in :on each and every term and condition of the Agreement dated March 10, 2015. 3. Payments. From the date of this Agreement, the County shall remit all payments under the Agreement made payable to: Bottom's Up Beverage of Florida, LLC 857 South Kings Highway Fort Pierce, FL 34945 The County, Di'Michelli and Bottom's Up have caused these presents to be executed in their names the year and day first written above. For Di'Michelli's: ann Petticrew, President 'Michelli's Catering, Inc. For Bottoms Up: ann Petticrew, President ottom's Up Beverage of Florida, LLC Approved as to form andegal sufficiency 67 William K. TSeBraa1 Deputy County Attorney BOARD OF COUNTY COMMISSION :•;-**0 INDIAN RIVER COUNTY, FLORID' cam•-lN�.r, �_Y} :mp Peter D. O'Bryan, Chair an ''• co .' ',•.... Board of County Commissioners ..........•�• �'• BY: Approved by the BCC: 12 / 12 / 2 017 ATTEST: Jeffrey R. Smith, Clerk of Court and BY: 2 omptroller Deputy Clerk of Court APPROVED: 177 AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY AND DI'MICHELLI'S CATERING, INC. THIS AGREEMENT For Food Concession Services and Lease (the "Agreement") is entered into by and between Di'Michelli's Catering, Inc., a Florida Corporation, 9425 Meadowood Drive, Ft. Pierce, FL 34951 (the "Concessionaire") and Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, (the "County") as of the date set forth below as the effective date (the "Effective Date"). BACKGROUND FACTS WHEREAS, Concessionaire is desirous of entering into this Agreement for Food Concession Services and Lease at the Sandridge Golf Club and has represented to the County that it has the competency and experience to perform the services set forth in this agreement; and WHEREAS, the County is the owner of Sandridge Golf Club, 5300 73rd Street, Vero Beach, Florida, 32967 and desires to engage Concessionaire to provide services to the County as more particularly described in this. Agreement; and WHEREAS, Sandridge Golf Club accommodates approximately 95,000 rounds of golf annually including over forty golf tournaments and outings per year; and WHEREAS, the County's intent is to select a concessionaire to provide golf course patrons and employees with high quality service and food at an economical price; and, WHEREAS, the concession and food service . area has been operated since the golf course first opened in 1987 and it is the desire and intent of the County to enter into this agreement and contract for food service for the facility operated within the Snack Bar and on the golf course at Sandridge Golf Club based on 1,705 square feet of space in the clubhouse and (2) 18 hole golf courses; and WHEREAS, Concessionaire and the County's contact information regarding this Agreement is: FOR COUNTY: Indian River County 1801 27th Street Vero Beach, Florida 32960 TELEPHONE: (772) 770-5003 FAX: (772) 770-5109 FOR CONCESSIONAIRE: Di'Michelli's Catering, Inc. 9425 Meadowood Drive Ft. Pierce, FL 34951 TELEPHONE: (772) 465-7022 FAX: (772) 466-8066 NOW THEREFORE, in consideration of the mutual benefits to be derived from this agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound agree as follows: 178 SECTION I - LEASE Background Facts. The Background Facts are agreed to be true and correct are incorporated herein by this reference. 1. Property and Term of Lease. The County leases to Concessionaire and Concessionaire leases from County, the snack bar/concession area at Sandridge Golf Club consisting of approximately 1705 sq. ft. of space inside the Golf Club, as more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein, for a term of sixty (60) months commencing on April 1, 2015 and terminating on March 31, 2020. Concessionaire shall be permitted to operate at other locations at Sandridge Golf club subject to the designation and approval of the County. 2. First Month's Rent. The rent shall be paid as follows: Concessionaire agrees to advance a good faith estimate of the first month's rent in the amount of Two Thousand Dollars ($2,000.00) due on before April 1, 2015 to be offset and adjusted against the actual rent due and payable in accordance with the successive recurring monthly rent calculation as particularly described in Section 3 below. 3. Recurring Monthly Rent Calculation. The monthly rent shall be payable at the rate of ten (10) percent of all food and non-alcoholic beverage gross income and fifteen (15) percent of alcoholic beverage gross income (from whatever source including but not limited to special events and vending operations) per month payable in arrears on the fifth day of each month. If the fifth day of the month is a Saturday, Sunday or a holiday recognized by the County, then on the next business day. After the 5th of the month, a late fee of $50.00 per day will be assessed. The monthly rent payment shall be accompanied by a monthly report of daily receipts in a form similar to the report attached to this lease as Exhibit "B". Daily dated cash register tapes or copies thereof shall be attached to the monthly reconciliation report or retained by Concessionaire for a period of three (3) years and made available for examination to the County upon 24-hour request. The parties agree to make best efforts to connect all transactions contemplated by this Agreement into any "point of sale" system utilized by the County in the Pro Shop and Golf operations.. 4. Length of Lease. The Agreement shall be for an original fixed term of five (5) years from the date of execution subject to early termination pursuant to its term, and thereafter renewable for successive one (1) year terms for a maximum term of ten (10) years. However, the County may extend or renew this Agreement with Concessionaire if deemed to be in the best interest of Indian River County. Renewal of the mutually agreeable terms and conditions shall be completed sixty (60) days prior to each Agreement period. 5. Security Deposit. Concessionaire shall pay a security deposit to the County in the amount of $1,000.00. The security deposit is refundable upon termination of this Agreement after satisfactory inspection of the leased premises by County. - 6. Use of Leased Premises. During the term of this Agreement, Concessionaire shall use the leased premises for operation of a food concession and banquet facility, etc. Concessionaire 2 179 shall not use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises. Concessionaire may use the leased premises only for Golf Course events and not for any other purpose without prior permission. 7. Business Interruptions. If the golf course is closed due to hurricane or natural disaster, Concessionaire shall receive a credit on its rental payment for each day that the course is closed. The amount of the credit will be based on the daily receipts of the previous week. 8. Utilities, Tables and Beverage Cart. County will provide electrical service, water and sewer services for the leased premises. The County will furnish seating and tables for patrons. County will furnish at least 1 Beverage Cart for use by Concessionaire to sell food, snacks and drinks to golfing patrons at a minimum of 2 days a week. 7. Assignment and Subletting. Concessionaire shall not assign this Agreement or any part thereof to any other person, firm or entity without the County's written permission. Any attempted assignment of the Agreement shall be void and may, at the sole option of the County, be deemed an event of default under the lease. 8. Prohibition on Encumbrances. Concessionaire shall not mortgage, pledge, or encumber the Agreement, in whole or in part, or the leasehold estate granted under the Agreement, to any other person, firm or entity. Any attempt to do so shall be void and may, at the sole option of the County, be deemed an event of default under the Agreement. This covenant shall be binding on Concessionaire's successors in interest. 9. Employees Hired by Concessionaire. All Concessionaire's employees shall be considered to be at all times its sole employees and not employees or agents of Indian River County. Information regarding an employee's experience and qualifications shalt also be furnished to County prior to hiring. 10. Complaints Concerning Operations. The County or its representative may submit a written report to Concessionaire enumerating problem areas encountered. Concessionaire will provide written documentation of action to be taken to resolve problems. 11. Termination of Contract. The County reserves the right to terminate this agreement at any time upon a finding of just cause that the Concessionaire has violated the terms of this Agreement which may be appealed to the Board of County Commission upon receipt of written notice from the Concessionaire within 10 days after the postmarked date of mailing a written notice of termination from the County. 12. Bankruptcy. If Concessionaireis adjudged bankrupt, either voluntary or involuntary, the County may terminate this Agreement effective on the day and time the bankruptcy petition is filled and the County may proceed to provide service as previously outlined. 13. Right to Inspect. The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition. 3 180 SECTION II - FOOD CONCESSION OPERATION 1. Services. During the Term of this Agreement, Concessionaire agrees to provide to County the services, including all labor, materials, and supplies required to perform such services, described in the RFP Number 2015024 and Concessionaire's Response to RFP Number 2015024 incorporated by reference herein subject to the specific terms and conditions of this Agreement. 2. Equipment. The County will provide the current equipment for use by the Concessionaire until they need to be replaced. See Exhibit C for a list and life expectancy of the current equipment. Concessionaire shall be responsible for the maintenance of all equipment and for its replacement. Concessionaire shall be responsible for all food preparation equipment needed to operate the facility including but not limited to coolers, sinks, refrigerators, sandwich preparation station, ice machines, etc. This equipment shall include any safety or fire prevention equipment necessary for proper operation. Concessionaire shall furnish all equipment, food, service products, labor and supervision necessary to maintain a food service in an efficient operation. Outside ventilation is not provided. No cooking equipment that requires ventilation such as fryers or grills will be permitted inside the building but such equipment may be used outside of the building. 3. Tournaments and Special Events. Sandridge Golf Club hosts approximately 40 tournaments and special events ("special events") annually. Often times the special events call for breakfast, lunch and/or dinners to be offered to the special event sponsor. The Management of Sandridge Golf Club reserves the exclusive right to offer Concessionaire the opportunity to provide food, and beverage services for each special event held at Sandridge Golf Club. Some conditions may be unique to each event and subject to terms mutually agreed upon by Sandridge and Concessionaire. Should the parties fail to reach mutually acceptable terms on any special event, Sandridge may seek an alternate vendor to provide food and beverage services for that special event. Under this election, Sandridge reserves the right to utilize the seating area of the leased premises excluding the use of any equipment owned by the Concessionaire. The election by Sandridge to utilize an alternate vendor for any given special event shall not affect the Concessionaire's right of first refusal to provide food and beverage services at any future special event. Nothing herein shall prohibit Sandridge from providing or accepting donations of food and beverage items for the benefit of any Special Event or Tournament. a. The County will coordinate with Concessionaire to develop a variety of meal and snack menu choices with per person pricing that can be offered to the special event sponsor. Golf Club management will work with the special event sponsor to work out details in reference to beverage distribution and food service for the special event. Sandridge staff will provide Concessionaire with the menu selection and a good faith estimate of the number of meals to be served seven (7) days in advance of the special event. This figure will be updated throughout the week preceding the event, and the final number of meals will be conveyed to Concessionaire on the morning of the special event. The final number of meals will determine the amount Concessionaire will be paid for the special event. 4 181 b. Special event sponsors shall be permitted to offer nominal food and beverage items (such as bottled water, fruit and snacks) to special event participants. Concessionaire shall not be required to assist in distribution of the nominal items. c. The County also reserves the right to use the seating area at no charge for periodic employee meetings and seminars that are deemed to be in the best interest of the County. 4. Daily Menu. At a minimum, Concessionaire shall furnish the following recommended minimum merchandise or other similar type of services for the needs and convenience of the employees and general public at the Sandridge Golf Club. • Food capable of being cooked on a propane gas grill such as hamburgers, chicken and BBQ; delicatessen style sandwiches, hot dogs, chips, candy, soups, salads, donuts, condiments, bagels and other miscellaneous food products. • Beverages (Coke and/or Pepsi, coffee, soft drinks, etc.). • Vending machines for cold beverages and miscellaneous snacks shall be furnished, serviced and maintained. These machines will be located with the approval of the Manager of Golf Operations. A sample menu and price schedule are attached to this agreement. Changes to the menu and price schedule shall be made with the consent of the Golf Course Director, which shall not be unreasonably withheld. 5. Sale of Alcoholic Beverages. Concessionaire may sell alcoholic beverages by obtaining and maintaining its own 4COP liquor license. The terms of this license mandate that 51% of the concessions sold consists of food and there is a minimum seating capacity of 150 persons. Concessionaire shall be responsible for the annual liquor license renewal fee. Concessionaire will sell all alcoholic beverages in strict accordance with the laws of the State of Florida and in strict accordance with all guidelines set forth by the County. Violation of this part of the Agreement shall be cause for immediate termination of this Agreement. A. Concessionaire must provide Alcohol Compliance Training in accordance with the Florida Responsible Vendor Act (F.S. 561.701-706) using services to train employees on the Beverage Laws of the State of Florida. B. Concessionaire will be required to pay all taxes and timely remit any reports or paperwork associated with the sale of alcoholic beverages. Concessionaire shall maintain accurate records relating to the sale of alcoholic beverages. 6. Hours of Operation. Concessionaire shall operate the concession stand at a minimum from 6:45 am to 5:30 pm each day of the year except for Christmas Day. The Director of Golf or Manager of Golf Operations may require a change in days and hours of operation if such a change is desirable in providing the best service to the public. 7. Operation during Emergency. During any federally, State, or locally declared emergency or disaster, the County reserves the right to have the full and exclusive use of the 5 182 Leased Premises for as long as reasonably necessary as the County, in its sole discretion, shall determine, for any appropriate governmental purposes in connection with such Emergency. Concessionaire shall pay no rent during said period. Concessionaire understands that the County has response and recovery obligations before, during and in the immediate aftermath of an Emergency, and that providing for part of the County's food and beverage needs shall be the top business priority of Concessionaire during the Emergency. At the County's request, Concessionaire shall cooperate with the County in Emergency food and beverage planning and shall be open for business during the hours that the County requires in connection with any Emergency to provide food and beverage service, even if the hours required are different from the hours stated otherwise in this agreement. In the event of an Emergency, the County and Concessionaire will mutually agree on the terms, conditions and payment for Concessionaire's service to County. 8. Improvements. On or before October 31, 2015, Concessionaire shall make at a minimum $20,000.00 worth of improvements (not including maintenance and upkeep) to the leased premises. Concessionaire agrees that all improvements and any changes made to the facility shall be at its sole expense and must have the prior approval of the Manager of Golf Operations or his representative. Further, the forgoing approval shall not be deemed to be the approval of the County Building Department or any other regulatory arm of government. 9. Occupational and Other Taxes. Concessionaire shall have a current business tax receipt for each year of the lease term and pay all taxes which shall be imposed or assessed by any and all governmental authorities in connection with the business or operation conducted under this agreement. 10. Compliance with Laws. Concessionaire shall meet all federal, state, county and municipal laws, ordinances, policies, and rules applicable to the operation of the concession. 11. Public Relations. Concessionaire shall maintain good public relations with users of the facility and cooperate with Indian River County officials in all matters pertaining to the area. 12. Garbage and Disposal. Concessionaire shall comply with the standards of franchise garbage and disposal collection specifications. 13. Personal Property. Any and all personal property placed on the premises by the Concessionaire or her employees shall be at their own risk and the. County shall not be liable for any damage or loss to said personal property for any cause whatsoever. 14. Appearance of Employees. All of Concessionaire's service employees must be dressed in uniform fashion while on duty. The uniforms must be approved by the County in advance. These employees must always be neat in appearance and present themselves in a manner that is pleasing to the public. They must also abide by all of the standards set forth by the State of Florida for Food Preparation and Service. 6 183 SECTION III - INSURANCE 1. Indemnification and Insurance. Concessionaire shall not commence work until all the insurance required under this section has been obtained, and until such insurance has been approved by the County. Concessionaire will purchase and maintain such insurance as follows: A. Workers' Compensation Insurance: Concessionaire shall procure and maintain workers' compensation insurance to the extent required by law for all her employees to be engaged in work under this agreement. In case any employees are to be engaged in hazardous work under this contract and are not protected under the workers' compensation statute, the Concessionaire shall provide adequate coverage for the protection of such employees. B. Public Liability Insurance: Concessionaire shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this policy with respect to all claims arising out t of the operations or work to be performed. C. Commercial General Liability (other than automobile) i) Premises/Operations ii) Independent Contractors iii) Products/Completed Operations iv) Personal Injury v) Contractual Liability vi) Liquor Liability Business Auto Liability i) Owned/Leased Automobiles ii) Non -Owned Automobiles iii) Hired Automobiles 2. Proof of Insurance. Concessionaire shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by Concessionaire must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement naming County as Additional Insured must accompany the Certificate of Insurance. D. $500,000 combined single limit for bodily injury and property damage $1,000,000 $500,000 combined single limit for bodily injury and property damage 3. General Requirements of Insurance. Any deductibles or self insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to Concessionaire. Concessionaire's insurance coverage shall be primary. All above insurance policies shall be placed with insurers with a Best's rating of no less that A - VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be per occurrence policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River. County Risk Management Department within ten days of execution of this Contract. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian 7 184 River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. A. Concessionaire hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from intentional, reckless or negligent acts, errors or omissions of the Concessionaire or Concessionaire's Representatives in the performance of services under this agreement and for which Concessionaire is legally liable. 2. Insurance Requirements for County. Concessionaire acknowledges that County is a political subdivision of the State of Florida and as such, is entitled to certain protection from liability under Florida law. To the extent allowed by law, the County hereby agrees to indemnify Concessionaire from claims arising from the negligent acts, errors or omissions of the COUNTY in the performance of the services under this agreement and for which County is legally liable. Additionally, the County hereby states that its improvements are adequately insured against loss whether through self insurance or excess coverage. 3. Indemnification of County. Concessionaire shall indemnify and hold harmless the County from all suits, actions or claims including reasonable attorney's fees, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said successful bidder or by or in consequence of any liability losses, misconduct or negligent act or omission of Concessionaire, her agents or employees in connection with the operation of the food service concession. 4. Notice of Claims. County and Concessionaire shall give prompt notice to the other of any third party claims made against either or both of them, and shall cooperate fully with each other and with any insurance carrier to the end that all such claims will be properly investigated, defended and adjusted. 5. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a cause for termination of this agreement. SECTION IV - COUNTY RESPONSIBILITIES 1. Obligations to Provide Facilities. County, at its sole cost and expense, shall be responsible for providing safe and adequate facilities required by Concessionaire to perform the Services under this Agreement. These facilities shall include, without limitation, workspace and other facilities that adhere to current federal and state safety standards. County shall cooperate at all times with Concessionaire to provide a safe and adequate work environment for Concessionaire's employees and others who work on or around the Course. Concessionaire has inspected County's facilities and agrees that they are adequate facilities needed to perform the services under this agreement and the facilities adhere to current federal and state safety standards. 2. Emergency Maintenance. At any time during this agreement, if the County determines that any portion of the golf club house is in immediate jeopardy of sustaining some type of serious harm due to a maintenance failure of Concessionaire, the County may utilize its own work force to go on the leased premises and perform such tasks as are necessary to prevent such 8 185 serious harm from taking place. The costs of such preventative maintenance shall be itemized by the County and submitted to Concessionaire, which shall be paid within thirty days. SECTION V -DEFAULT, REMEDIES 1. Default by Concessionaire. In the event Concessionaire is in default under the terms of this Agreement, after thirty (30) days written notice and opportunity to cure, County may, in addition to any right of termination provided in this Agreement, maintain an action for damages arising from the default. 2. Default by County. In the event that County is in default under the terms of this Agreement after any grace period or notice and cure period expressly provided herein, Concessionaire may, in addition to any right of termination contained in this Agreement, exercise any right or remedy available at law or equity including, without limitation, an action for damages arising out of the breach. SECTION VI - MISCELLANEOUS 1. Any written consent, approval or instruction issued by County's representation identified in Recital C of this Agreement shall be binding to the same extent as if given by County. County may change the designated County's representative by written notice to Concessionaire. 2. In connection with this Agreement, the parties agree to cooperate in good faith and to perform no act, or allow any omission, which would inhibit the other party from performing its obligations under this Agreement. 3. This Agreement, together with the Exhibits and Response to Request for Proposal constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of County and Concessionaire by their respective duly authorized representatives. 4. Any notice which either party is required or may desire to give to the other under this Agreement shall be in writing and shall be given by registered or certified mail, return receipt requested, postage prepaid, addressed to the party at its address shown on the First Page of this Agreement. If County or Concessionaire wish to change its respective address for purposes of notice under this Agreement, they may do so by giving to the other written notice of change of address. 5. Nothing in this Agreement shall be construed to create a partnership, a joint venture or agency relationship between the parties. Neither party shall have any authority to enter into agreements on behalf of the other, or otherwise to bind or obligate the other in any manner. The language of this Agreement shall not be construed more strongly against either party, regardless of which party is responsible for its drafting. 6. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no 9 186 waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 7. The parties agree that any litigation arising from this Agreement shall be brought in Indian River County Florida. 8. In the event of acts or occurrences not caused by County or beyond the control of Concessionaire, including, without limitation, acts of God, fire, flood, hurricanes, ice storms, severe, unusual or unseasonable weather or climatological changes that prevents Concessionaire from performing its duties under this agreement, Concessionaire shall be excused from the performance under this Agreement during the period of such acts or occurrences and for reasonable times thereafter, unless Concessionaire and County can agree on such other. duties that can be performed by Concessionaire. If Concessionaire is unable to perform its duties under this agreement for more than 15 consecutive days due to the acts or occurrences, County may terminate this agreement. 9. In the event of the sale or other transfer of control over the Course, County will assign this Agreement to the purchaser or transferee, and upon such assignment and the written assumptions by the purchaser of all the obligations of County to Concessionaire hereunder, County shall be fully released and relieved of all obligations hereunder arising from and after the date of the assignment. 10. Concessionaire shall be responsiblefor obtaining, and shall pay for, any such permits, fees, and licenses required to operate all business contemplated by this Agreement. 11. Concessionaire agrees to maintain all books, documents, papers, records, and accounts pertaining to work performed under this Agreement, including property, personnel, and financial records, as are deemed necessary by the County to insure proper accounting for all funds expended under this Agreement and in such a manner as will readily conform to the terms of this Agreement. Said records and materials shall be available, upon request for audit or inspection purposes to Indian River County, its authorized representatives, and its auditors at Concessionaire's office at all reasonable times during the term of this Agreement, and for three (3) years from the date of final payment. 12. Concessionaire agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. 13. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of Concessionaire to the County is that of independent contractor, and not that of employee. 14. If any of the provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not 10 187 affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. REMAINDER OF PAGE LEFT BLANK 1 l 188 In witness, the County and Concessionaire have caused these presents to be executed in their names the year first written above. Concessionaire BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA aey otitiM issia• Jia;•' ..P% WesleyS. Davis, Chairman c� X:s ��` Board of County Commissioners \-0,''' , o . i Approved by the BCC: March .10 , 2015 ''••gNER cek) WITNESS: WITNESS: Catering, Inc. tas, President ATTEST: Jeffrey R. Smith, Clerk of Co Comptrollj Approved as to form and legal sufficien /41" William K. DeBraal Deputy County Attorney Clerk of Co APPROVED: rr oseph . Baird, County Adm nistrator 17) 12 189 EXHIBIT A • 04/01/2015 - 04/30/2015 EXHIBIT B - (Page 1 of 3) CAFE L. .bc N u ,O WE .e O u Z CU v F-° •.e U Total Duel IRC LnO ri t N O N U J Q Alcohol 15% _. N O N i CO X 0 413 03 tG N 1•" Q r, 0 ° 47 f0 Q C7 i.0 O 0 N Q e v O Q > tn us°° O — J u- Z Food 10% N 13 O .O 4J N O N LLL Q m IA04 N D °0070 o Z. V > ti° L.L. Qu. LU 4,O 0 In 0J M 4 0) Total Net Sales E( CO NX F' .J N X tO f0 1– N {n Gross Sales Total Gross Sales Event Date 04/01/2015 - 04/30/2015 EXHIBIT B - (Page 2 of 3) Beverage Cart Sales 1. u 1 al C t U Z — x co u O 0) H U Total Duel IRC g In 0 e-1 L N 0 N ...1 Q Alcohol 15% -5 CUN L t0 X u w F-- `n a, s o W Total Alcohol u O03 ri -0Q > C A W IJ" 0 Z O e-4 13 0 U.. N -0 i. N 1 O fl u_ Q m t/1 N 0 0 0 N O Z a0 0 > y u- Q Nu. mvt 0 0 al co Nto W N J Total Net Sales d J N 1 Total Sales Tax Gross Sales Total Gross Sales Event Date 04/01/2015 - 04/30/2015 EXHIBIT B - (Page 3 of 3) COMBINED TABULATION L. U CU LN U 7Z 1 _ Y a c soc U W 7 o u 'Fso H t N in V J Q J t IA - N Q O N t N X U N i - Q dl Alcohol Gross Sales Total Alcohol ri a > C JLL O Z Food 10% W .) VI N o U. Q N H N N O 0 O N O O 2 Q > N CO O ifl Gl N IC N A H in VI J Total Net Sales eu r.X ~ J ' fp N X m 1— i— N r0 N VI 0) 03N N 111 O i Total Gross f Sales f 1CAF�: BEVERAGE CART: (TOTAL: EXHIBIT C LIST OF CURRENT EQUIPMENT IN SNACK BAR AT SANDRIDGE GOLF CLUB EQUIPMENT TO BE MAINTAINED BY CONCESSIONAIRE NAME OF EQUIPMENT DATE PURCHASED ASSET # Beer Dispenser 11/30/2004 22237 Hobart 161 Meat Slicer 9/16/1987 9362 Sandwich Prep Table 2/5/2007 23645 EOUIPMENT PROVIDED BY COCA-COLA Two (2) Refrigerated Beverage Coolers Fountain Soda Machine Fountain. Soda Gun Ice Bin EQUIPMENT TO BE OWNED AND MAINTAINED BY COUNTY Ice-O=Matic Ice Machine WALK-IN COOLER 8/16/2012 01/2015 26525 194 fo4j MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 19, 2020 SUBJECT: Disposition of Real Property Ordinance BACKGROUND On December 10, 2019, the Indian River County Board of County Commissioners (the "Board") directed the County Attorney to draft an ordinance that would allow for the use of commercial realtors for the disposition of real property, per section 125.35, Florida Statutes. On February 4, 2020, the Board authorized the County Attorney's Office to finalize an ordinance that included four alternative procedures for the disposition of real property. The four options include ,a minimum base bid, a negotiated sale, coordination with the Florida Department of Transportation and a request for proposal process. Pursuant to the Board's direction the County Attorney's Office has finalized the draft ordinance with the four options recommended by the Board. The different alternatives offer different advantages. The minimum base bid utilizes the traditional competitive bid process, but sets a minimum price. Thus, the process creates a level playing field with all bidders, like a traditional competitive bid, but establishes a minimum amount that the County would accept in order to sell the property, limiting the number of responses that would not be considered. Using a real estate agent also has its advantages. A real estate agent can bring education and experience in obtaining fair value for property, as well as a list of potentially interested buyers. Real estate agents will also be motivated to complete the sale of the property. A real estate agent may also be able to bring back multiple offers to the County for consideration. Also by using a real estate agent the County is able to save staff time in completing a sale. The County will, in consultation with the broker or auction house, determine an asking price for real property based upon appraisals, comparable sales, market information and any other relevant factors. 195 Board of County Commissioners February 19, 2020 Page 2 There are advantages with coordinating with the Florida Department of Transportation when the County is looking to convey real property which is associated with a Florida Department of Transportation real estate transaction when the properties involved are part of the same Florida Department of Transportation project. Finally, the request for proposal process may be advantageous when the Board is seeking disposal of real property in cases when price is not the only consideration of the Board. In those circumstance, the Board may also be interested in the future development of the real property. After the Board meeting, staff expressed the desire to allow the different options to be used for the lease of property as well as the sale of property. Thus, the proposed ordinance was modified to also allow these procedures for the lease of County owned property. FUNDING The cost of publication of the required public notice for the public hearing was $140.22. The cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214- 034910). RECOMMENDATION The County Attorney's Office recommends that the Chair open the public hearing for input from the public and after the public hearing the Board consider the input from the public and vote to adopt the draft ordinance with any changes deemed necessary. ATTACHMENT Proposed Ordinance 196 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ENACTING CHAPTER 106 (REAL PROPERTY DISPOSITION PROCEDURES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ESTABLISH ALTERNATIVE PROCEDURES FOR THE DISPOSITION OF REAL PROPERTY; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Enactment of Chapter 106 (Real Property Disposition Procedures) of the Code of Indian River County, Florida. Chapter 106 (Real Property Disposition Procedures) of the Code of Indian River County, Florida is hereby enacted to read as follows: CHAPTER 106. REAL PROPERTY DISPOSITION PROCEDURES. Section 106.01. - Purpose. This Chapter is adopted for the purpose of setting forth the methods of disposition of surplus County real property. The County Administrator or designee shall have the option of utilizing the statutory methods of disposal, this Chapter, or any combination thereof. Section 106.02. - Authority, purpose, and standards. (a) This section is enacted under authority of section 125.35, Florida Statutes, for the sale, leasing and donation of real property by the County when it is determined by the Board to be in the best interest of the County. (b) Any of the procedures specified in this Chapter may be used and applied, where applicable, by the Board for the competitive or non-competitive sale or lease of any real property. (c) At a minimum, any legal entity seeking to purchase available County real property must be currently active, registered and in good standing with the Florida 197 Department of State. Other standards for competition and qualification for the sale or lease of county real property are set forth in sections 106.03 through 106.05 below. Section 106.03. - Declaration of surplus property. When the Board finds that any real property owned by the County is unusable or not needed for County purposes or usable for affordable housing, the Board may declare the real property to be surplus property. Once the property is declared surplus, the property may be sold, dedicated, donated or otherwise conveyed to interested parties in accordance with applicable Florida Statutes or pursuant to the terms of this Chapter. Section 106.04 - Methods of disposal. (a) When real property is declared surplus, the County Administrator or designee shall recommend to the Board a particular method of disposal as set forth in Florida Statutes or as set forth in this section. (b) As authorized in section 125.35(3), Florida Statutes, the County may dispose of surplus real property through alternative procedures outlined in this subsection: 1. Minimum base bid. The County may sell, transfer or convey real property through the minimum base bid procedures outlined in this subsection. a. A minimum base bid for the sale or lease of real property may be determined using an appraisal obtained by the County. b. After determining the minimum base bid, as approved by the Board, the County shall advertise for bids on the property. The advertisement shall specify the minimum base bid and the specific terms and conditions, if any, to be bid upon. All bids shall be sealed and must contain a minimum of a ten percent cash deposit submitted on a certified or cashier's check. c. Upon receipt of the sealed bids, the property shall be sold to the bidder submitting the highest, qualified, responsive and best bid. The Board reserves the right to reject any bid, including the minimum base bid that is not reasonably close to the fair market value of the property at the time bids are opened. 2. Negotiated sale or lease. The County may sell, transfer, convey or lease real property through the negotiated sale procedures outlined in this subsection through the use of a licensed real estate broker or through a public auction house in the following manner: a. A licensed real estate broker or public auction house (including internet auction companies) shall be retained in accordance with County policy to market or auction the real property. Any contract for 198 services shall, at a minimum, set forth the amount of compensation due for services, the length of notice/advertising time, and such other information as deemed necessary by the County Administrator or designee. The contract(s) shall be approved by the Board, unless permitted to be approved by the County Administrator or Purchasing Manager per County policy. b. A licensed real estate broker shall bring any offer received for purchase of listed surplus property to the County in the form of a purchase agreement. County staff shall review the purchase agreement and if deemed acceptable, the County Administrator shall bring the purchase agreement to the Board for consideration. c. For any real property dispositions made through public auction, the county shall establish a base reserve for the property. 3. Florida Department of Transportation Coordinated Sale or Lease. The County may sell, transfer, convey or lease real property in coordination with the Florida Department of Transportation for County properties that are associated with a Florida Department of Transportation real estate transaction for properties involved in the same Florida Department of Transportation project. 4. Request for proposals. The County may sell, transfer, or convey real property through the request for proposals (RFP) process in the following manner. If the sale or lease of the property was initiated in response to an unsolicited offer by a prospective purchaser then the offeror may submit a proposal. If no other proposal is received, the original proposal shall be accepted, unless the original offer was deemed unacceptable and rejected before issuing the RFP. The County reserves the right to reject any RFP in which the proposed sale or lease amount is not reasonably close to the fair market value of the property at the time RFPs are considered by the Board. Section 106.05 - Negotiation procedures. (a) In determining the terms and conditions of the disposal of surplus property, the County Administrator or designee shall, at a minimum, take into consideration the following factors: 1. The appraised value of the real property; 2. Any prior County liens on the property, if applicable; 3. The condition of the real property, and the extent to which the party seeking to acquire the property will have to expend funds to make the property usable, rezoning issues excluded, or, to bring the property into compliance with the County Code, if necessary; 199 4. The proposed use by the party seeking to acquire the property, if applicable; and 5. The proposed use of the property for affordable housing. (b) In no event shall the disposition of surplus property violate the County comprehensive plan or the zoning regulations of the County. Section 3. '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 section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 16th day of February, 2020, for a public hearing to be held on the 3rd day of March, 2020, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the ordinance duly passed and adopted this 3rd day of March, 2020. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman 200 ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of March, 2020. 201 Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY ATTORNEYS OFFIC 1801 27TH ST VERO BEACH, FL 32960-3388 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 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. 02/16/2020 Subscribed and sworn to before on February 16, 2020: � Ct \TV v -y . KILL or Notary, State of WI, County of Brown TARA MONDLOCH Notary Public Stc-tte of Wisconsin My commission expires August 6, 2021 Publication Cost: $140.22 Ad No: 0004041707 Customer No: 1310775 PO #: # of Affidavits1 Vvc 3<�� Co•( -.I. con FSB 20., uN?r 20 20 0p4P7 FoR�EYS NOTICE OF INTENT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commission- ers of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ENACTING CHAPTER 106 (REAL PROPERTY DISPOSITION PROCEDURES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ESTABLISH AL- TERNATIVE PROCEDURES FOR THE DISPOSITION OF REAL PROP- ERTY; AND PROVIDING FOR CODIFICATION, SEVERABILITY, RE- PEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, March 3, 2020 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 Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested par- ties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at the Office of the Clerk to the Board of County Com- missioners located on the 2nd floor of Building A of the County Administrative Complex, 1801 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 record of the proceedings is made, which includes testimony and evi- dence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772-226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SUSAN ADAMS, CHAIRMAN Pub: Feb. 16, 2020 TCN4041707 20-1 PUBLIC HEARING (LEGISLATIVE) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Phil Matson, AICP Community Development Director FROM: Roland M. DeBlois, AICP Planning Director DATE: February 20, 2020 SUBJECT: Consideration of Alternative Land Development Regulation (LDR) Amendment Proposals to Define, Regulate and Establish Criteria for Off-site Accessory Landscaping Services in Agricultural Zoning Districts It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 3, 2020. BACKGROUND In April 2018, Brian and Kelley Stolze, owners of Caribbean Lawn and Landscaping, Inc. ("Caribbean"), submitted a "Verification of Exemption Affidavit" to the County Building Division to construct a nonresidential agricultural building at 7120 37th Street. The +10 acre subject property, owned by Caribbean, is zoned A-1, Agriculture District (up to 1 unit per 5 acres). The exemption affidavit is a form that Building staff requests applicants to fill out when claiming an agricultural exemption from needing a building permit. In the affidavit, the Stolzes described a proposed ±8,000 square foot agricultural building as being for agricultural equipment storage and agricultural office space. As described in an attachment to the affidavit, the overall property was to be used as a nursery operation, with a container nursery; pesticide storage building; pole barn; mechanical shop; shade house; production beds; recycling pond; and office space (see affidavit, Attachment 1). The Stolzes also provided staff with a site plan sketch (Attachment 2). Ultimately, staff accepted the affidavit, under the premise that the building met the agricultural exemption criteria as accessory to a principal tree farm/nursery use being established on the property. In December 2018, code enforcement staff received a complaint that the Stolzes had completed construction of the +8,000 square foot agricultural building and were operating a commercial off-site lawn and landscaping business from the property, without there being a principal tree farm/nursery established on the site. Consequently, staff cited the Stolzes/Caribbean for operating an accessory landscaping service without an on- site principal agricultural use (i.e., tree farm/nursery). [Note: the Stolzes eventually planted an on-site tree farm/nursery with an aerial extent greater than the area of the building and associated parking, and the code enforcement case was closed as of August 26, 2019.] On March 5, 2019, the Board of County Commissioners (BCC) heard a request to speak from Spencer Simmons and Tim Campbell, who expressed concerns about Caribbean's operation. Mr. Simmons and Mr. Campbell, who each live on the segment of 37th Street where the business is located, indicated that they were 202 following the active code case (at that time) against Caribbean for establishing the accessory landscaping services business ahead of establishing a wholesale nursery on the site. Both expressed concerns about traffic, effects on neighborhood character and property values, and the precedent for future similar situations on other agriculturally zoned properties. At the March 5, 2019 BCC meeting, Board members acknowledged Right to Farm Act protections and the code enforcement process but also expressed concern that, under current procedures and code interpretation, a landscaping services business could "game the system" by minimally establishing a wholesale nursery in order to have an out -of -scale commercial business in an agricultural area. Ultimately, the Board acknowledged that the code enforcement case would proceed on its own track, and by consensus directed staffto research possible modifications to the land development regulations (LDRs) to balance the needs of agriculture and commercial business in agricultural areas with respect to landscaping services operations (see BCC 3/5/19 minutes, Attachment 3). Staff ("1st Alternative") LDR Amendment On June 18, 2019, staff went back to the BCC with a proposed LDR amendment that would further define accessory off-site landscaping services and allow but limit the use subject to certain criteria (see staff report and draft ordinance, Attachment 4). Under the proposed amendment, an allowed accessory landscaping services use would: 1. Include installation and mowing/trimming maintenance services involving a broad range of landscape material, including grass (lawns), consistent with the code's existing Chapter 901 definition of "landscaping." 2. Not include pest control services. 3. Not include (and consequently, would not further regulate) services authorized and conducted in compliance with a home occupation permit. 4. Be associated with a legally established nursery. 5. Be located on an agriculturally zoned site of at least 400,000 sq. ft. (9.183 acres). 6. Be set back (total parking/driveway/building area) at least 50 ft. from property lines. 7. Be limited (total parking/driveway/building area) to no more than 50% of the nursery area located on site (total area under cultivation including outdoor cultivation, green houses, grow houses, shade houses, and similar structures). 8. Be visually screened (parking area) from adjacent properties and streets. 9. Not include or allow for burning, mulching, or dumping off-site debris on the nursery/ landscaping services site. At the June 18, 2019 BCC meeting, after discussion and input from staff and from members of the public, the BCC voted to direct the County's Agriculture Advisory Committee (AAC) to review staff's proposed draft ordinance, including all agricultural land conflicts and uses, and to offer its recommendations on the issue (see BCC 6/18/19 minutes, Attachment 5). The AAC has since considered the matter and has made recommendations (as later explained in this memorandum). 203 In addition to reviewing staff's recommended ordinance amendment, the AAC also reviewed two related LDR amendment applications to change regulation of accessory off-site landscaping services (the "Hendrix proposed LDR amendment" and .the "Simmons/Campbell proposed LDR amendment"), as hereinafter described. Hendrix Proposed LDR Amendment Notwithstanding staff's proposed LDR amendment, in June 2019, Ken and Pamela Hendrix of 6220 1 s" Street SW submitted an LDR amendment application to change the County's accessory off-site landscaping services regulations for such uses in agricultural zoning districts (see Attachment 6). Mr. and Mrs. Hendrix reside (in the A-1 agricultural zoning district) next to Tropical Property Management, an off-site accessory landscaping services business at 6300 1" Street SW, and have expressed concerns to county staff as to the compatibility of the use nearby to rural residences. Under the Hendrix proposed LDR amendment, off-site landscaping services would become a "special exception" use. Per County Code Section 971.05(2), special exception uses "are those types of uses that would not generally be appropriate throughout a particular zoning district. However, when special exception uses are carefully controlled as to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order, appearance, convenience, morals and general welfare and as such would be compatible with permitted uses within the particular zoning district." As such, special exception uses are not "a given," and are subject to a public hearing process before the PZC and BCC, with public notice of the hearings mailed to all property owners within 300 feet of the proposed use. Uses classified as special exceptions are subject to specific land use criteria contained in LDR Chapter 971. Under the Hendrix proposed LDR amendment, three criteria are proposed for off-site landscaping services: 1. Indoor facilities shall maintain a 50 foot setback from adjacent properties and 500 feet from the nearest residence, with outdoor improvements (parking, storage, roads, paths, and travel -ways a minimum of 50 feet from adjacent properties; conditions may be imposed to mitigate or attenuate noise impacts. 2. No on-site or off-site landscaping service facilities shall be located on an agriculturally zoned site that abuts a property on which a residence is located, other than a residence on the subject property, on an agriculturally designated property having a parcel size less than 400,000 square feet. 3. Off-site and on-site landscaping employees and personnel shall be supervised by management staff when on site and while entering and leaving the premises. In January 2020, Mr. Hendrix submitted an email and legal opinion letter from his attorney, Brian Stephens of Dean Mead, concerning the neighboring business (Tropical Property Management) and the County's ability and prerogative to regulate the business (see Attachment 6). In the legal opinion letter, Mr. Hendrix's attorney contends that the neighboring landscaping services business is not a bona fide farming operation and is not exempt from County regulation under the Florida Right to Farm Act (FRFA). Simmons/Campbell Proposed LDR Amendment In addition to staff's proposed LDR amendment and the Hendrix proposed amendment, in August 2019, Mr. Simmons and Mr. Campbell submitted an LDR amendment application relating to accessory off-site landscaping service businesses in agricultural zoning districts. Under the Simmons/Campbell proposed LDR amendment, the allowance of off-site accessory landscaping services under County Code Section 911.06(4)(d) would be eliminated, for reasons explained in the application (see Attachment 7). 204 AAC Review and Recommendations The AAC, at public meetings held on October 30, 2019 and December 11, 2019 (see meeting minutes, Attachment 8), reviewed staff's proposed draft LDR amendment presented to the BCC on June 18, 2019, as well as the Hendrix and Simmons/Campbell proposed LDR amendments, and recommended that the County adopted a "staff proposed alternative (2"d Alternative") LDR amendment," summarized as follows. Staff Proposed "2"d Alternative" LDR Amendment Different from the staff proposed "1St Alternative" LDR amendment presented to the Board of County Commissioners on June 18, 2019, the "2"d Alternative" staff proposed amendment (Attachment 10) makes off- site accessory landscaping services in agricultural zoning districts an Administrative Permit use, whereby such a use would now be subject to site plan approval. As recommended by the AAC, site plan approval would be subject to PZC approval (i.e., not staff -level approval). Under the alternative staff amendment, the following criteria would apply: 1. The off-site landscaping services must be accessory to a legally established wholesale nursery on agriculturally zoned property at least 400,000 square feet (9.18 acres) in size; 2. The total parking/driveway/building area associated with the landscaping services must be set back at least fifty (50) feet from all property lines and limited to less than fifty (50) percent of the nursery site area under cultivation; 3. The total parking/driveway/building area associated with the landscaping services use must be visually screened from adjacent properties and streets by means of a 6 foot opaque feature (such as a fence, wall, berm, preserved or planted vegetation, or combination thereof); and 4. No burning of material brought in from off-site, stockpiling of organic material, or dumping of debris brought in from off-site is allowed on the wholesale nursery/landscaping services site. Planning and Zoning Commission Recommendation At a public hearing on January 23, 2020, the Planning and Zoning Commission voted 5 to 0 to recommend that the Board of County Commissioners adopt staff's proposed alternative ("2"d Alternative") LDR amendment, requiring that off-site accessory landscaping services in agricultural zoning districts be subject to certain criteria specified in the amendment and be subject to PZC approval as an Administrative Permit use, as recommended by the AAC (see PZC minutes, Attachment 9). The Board of County Commissioners is now to consider the alternative Land Development Regulation (LDR) amendment proposals described herein and adopt, or adopt with modifications, one of the proposed alternative amendments (or deny all of the alternative amendments). ANALYSIS Staff's report (and attachments) considered by the BCC on June 18 (see Attachment 4) provides a detailed analysis and summary of: • Land use conflicts in agricultural areas, with county LDRs accommodating a wide and eclectic range of large and small scale agricultural uses, conditional uses, and low density"residential estate" uses historically and currently existing in agriculturally designated areas; 205 • State pre-emptions and protections of agricultural uses; • Current County regulation of landscaping services; • Regulation of landscaping services in agricultural districts in other counties; and • Existing landscaping services in Indian River County agricultural areas. For reasons explained in that staff report, staff drafted its proposed (1St Alternative") LDR amendment (presented to the BCC on June 18, 2019) to continue the allowance of accessory landscaping businesses in agricultural zoning districts, but with conditions and clarifications tied to a carefully defined term of "off-site accessory landscaping services." Under staff's "Pt Alternative" approach, such a use would not be subject to the special exception public hearings process (the Hendrix amendment proposal) or eliminated completely in agricultural areas (the Simmons/Campbell amendment proposal), but would be allowed albeit with limitations to address off-site compatibility issues. The AAC supported staff alternative (2°d Alternative") LDR amendment contains criteria similar to the June 18 staff "1" Alternative" amendment, but would make the use subject to site plan review and PCZ approval as an Administrative Permit use. In drafting the proposed staff "2nd Alternative" LDR amendment (supported by the AAC), staff considered issues that the AAC directed staff to review. Following is a summary of staff's analysis of those issues. 50 Foot Setback for Driveways At the October 30, 2019 AAC meeting, it was pointed out that certain agriculturally zoned parcels with a "flag lot" configuration could not meet a 50 -foot setback requirement for a driveway. That is because on flag lots, the "flag pole' portion of the lot is standardly 60 feet wide for driveway access, which does not allow for a 50 foot driveway setback from a side property line. In reviewing this matter, staff found that flag lot configurations are most commonly associated with 5 -acre parcels in the A-1 (1 unit per 5 acres) agricultural district. Since staff's proposed amendment would only allow off-site accessory landscaping services on 400,000 square foot (9.18 acre) or larger parcels, the potential for conflict of a 50 -foot driveway setback requirement on a flag lot (common to 5 -acre parcels) is minimal. Given that flag lots over 5 acres are not common, and the daily coming and going of landscaping services vehicles on a driveways closer than 50 feet to a property line is a potential nuisance to an adjacent property, a 50 -foot setback is justified and should be a requirement, and as such is included in staff's alternative amendment proposal. Incidental Pesticide Use vs. Stand -Alone Pesticide Business To address the issue of distinguishing pesticide use incidental to a bona fide nursery operation from a stand- alone off-site pesticide business, staff modified the proposed definition of "off-site accessory landscaping services" to indicate that such services do not include stand-alone pest control services (see Attachment 9). Similarly, staff also revised the off-site landscaping services definition to specify that stand-alone lawn mowing services are not included as well. Appropriateness of 50% Areal Coverage Threshold (Accessory Use vs. Principal Use) At the October 30 AAC meeting, concerned was expressed that an up to 50% areal coverage for an accessory use (i.e., for an off-site accessory landscaping service) is questionable as an appropriate scale for such a use. In reviewing this issue,: staff notes that the current definition of accessory use in the County Code is as follows: "Accessory use a use which: (a) Is clearly incidental to, customarily found in association with, and serves a principal use; 206 (b) Is subordinate in purpose, area, and extent to the principal use served; and (c) Is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use." Under this definition, an accessory use is "subordinate in purpose, area and extent to the principal use..." Staff interprets this as requiring an accessory use to have an areal coverage "subordinate" to the principal use, which by definition must be less coverage (i.e., less than 50/50) in comparison to the principal use coverage. To address concerns that that ratio (up to/less than 50/50) is not an appropriate scale for an accessory landscaping service, staff drafted its alternative amendment to require that total parking/driveway/building area associated with the accessory landscaping services use be limited to less than 50% of the nursery site under cultivation. (Example: if 6 acres of a 10 -acre nursery site is under cultivation, the accessory landscaping services component could not exceed/must be less than 3 acres in areal coverage). Administrative Permit Use vs. Permitted Use As previously explained in this report, staff's proposed alternative ("2nd Alternative") amendment would make off-site accessory landscaping services in agricultural zoning districts an Administrative Permit use, subject to site plan approval with conditions as set forth in the proposed amendment. Per the AAC's recommendation, the Administrative Permit use would be subject to PZC approval (not just staff -level approval). Grandfathering of Existing Legally Conforming Landscaping Services Uses In considering the proposed LDR amendment alternatives relating to off-site accessory landscaping services in agricultural zoning districts, it is important to note that any LDR amendment would affect landscaping businesses "going forward" and would not eliminate existing off-site landscaping business in compliance with county regulations at the time of establishment. Such businesses (or certain aspects of the businesses) would become "legal nonconformities" as regulated under County LDR Chapter 904 (Nonconformities) and would be allowed to continue as "grandfathered" uses (but with certain limitations on expansion or increase in the nonconformity, with potential loss of grandfather status if discontinued for more than one year, as set forth in LDR Chapter 904). Also, by eliminating uses currently allowed or by changing the use classification, the County must take into consideration the protection of private property rights and potential loss of real property value without compensation, as protected under state law (i.e., under the Bert J. Harris, Jr., Private Property Rights Protection Act, F.S. 70.001). RECOMMENDATION Staff recommendsthat the Board of County Commissioners adopt staff's proposed alternative (2nd Alternative") LDR amendment, requiring that off-site accessory landscaping services in agricultural zoning districts be subject to certain criteria specified in the amendment and be subject to PZC approval as an Administrative Permit use, as recommended by the AAC and the PZC. ATTACHMENTS 1 Stolze/Caribbean Lawn and Landscaping Exemption Affidavit 2. Stolze/Caribbean site plan sketch 3. BCC 3/5/19 meeting minutes 4. Staff report for BCC 6/18/19 meeting (including attachments) 5. BCC 6/18/19 meeting minutes 6. Hendrix proposed LDR amendment (including attorney opinion letter) 207 7. Simmons/Campbell proposed LDR amendment 8. AAC meeting minutes (10/30/19 and 12/11/19 meetings) 9. PZC 1/23/2020 meeting minutes 10. Staff proposed alternative ("2nd Alternative") LDR amendment 208 INDIAN RIVER COUNTY/CITY OF VERO BEACH BUILDING DIVISION 1801 27th Street, Vero Beach, FL 32960 772 266-1260 (No Fee) Verification of Exemption for Nonresidential Farm Building Generally, nonresidential fann buildings are an allowed accessory use on an agricultural property when State of Florida Statutes and licensing requirements are met. Local and state requirements are listed below: Indian River County Ordinance Section 401.14 Agricultural exemption Nothing contained hi this article shall.be construed to apply to or affect buildings, structures or appurtenances located outside the corporate limits of municipalities and used solely for housing or storing agricultural animals, supplies, equipment or products by person, firm, or corporations engaged in agriculture. The exemption shall be construed consistent with applicable state exemptions and the Florida Building Code. Enter Structures complying with tldssection are exempt from Building Permit requirements; no Building Permit le required. Florida Statute SS3.73(10Xe) and Florida Building Code 102.2 (c) (10) The following buildings, structres, and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the Legislature and provided by law: (c) Nonresidential farm buildings on farms. Florida Statute 604.5Q Nonresidential Farm Buildings (1) Notwithstanding any provision of law to the contrary, any nonresidential farm building, farm fence, or farm sign that is located on lands used for bona fide agricultural purposes is exempt from the Florida Building Code and any county or municipal code or fee, cxccpt for code provisions implementing local, state, or federal floodphain management regulations. A farm sign located on a public road may not be erected, used, operated, or maintained in a manner that violates any standard provided in s. 479.11(4), (5)(a). and (6)-(8). (2) As' used in this section, the term: (a) "Bona fide agricultural purposes" has the same meaning as provided in s. 193.461(3)(b). (b) "Farm" has the samemeaning as provided in s. 823.14. (c) "Farm sign" means a "sign erected, used, or maintained on a farm by the owner or lessee of the fame which relates solely to farm produce, merchandise, or services sold, produced, manufactured, or furnished on the farm. (d) "Nonresidential farm buildings" means any temporary or permanent building or support stricture that is classified as a nonresidential farm building on a farm under s. 553.73(10) (c) or that is used primarily for agricultural purposes, is located on land that Is an integral part of a farm operation or is classified es agricultural land under s.193.461, and is not intended to be used as a residential dwelling. The term may include, but is not limited to, a barn, greenhouse, shade house, farm office, storage building, or poultry house. Florida Statute 823.14 (3) Definitions—Mined used In this section; (a) "Fares" -means the land, buildings, support facilities, machinery, and other appurtenances used hn the.production of farm or aquaculture products. (b) "Farm operation" means all conditions or activities by the owner, lessee, agent, independent contractor, and supplier which occur on a farm in connection with production of farm, honeybee, or apiculture products and includes, but is not limited to, the Marketing of produce at roadside stands or farm markets•, the operation of machinery and irrigation pumps; -generation of noise, odors, dust, and fumes; ground or aerial seeding and spraying; the placement and operationof an apiary; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor. Florida Statute 193.461(3)(6) (3)(b) Subject to the restrictions specified in this section, only lands that are used primarily for bona fideagricultural purposes shall be classified agricultural. The term "bona fide agricultural purposes" means good faith comme:Mal use of the. land. 1.1n determining whether the use of the land for agricultural purposes is bona fide, the following factors may be taken into consideration: a. The length of time the land has been used. b. Whether the use has been continuous. c. The purchase price paid. d. Size, as k relates to specific agricultural use, but a minimum acreage may not be required for agricultural assessment. e. Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices. ATTACHMENT 1 209 INDIAN RIVER COUNTY/CITY OF VERO BEACH BUILDING DIVISION 180127" Street, Vero Beach, FL .32960 772 266-1260 f. Whether the land is under lease and, if so, the effective length, terns, and conditions of the lease. g. Such other factors as may become applicable. 2. Offering property for sale does not constitute a primary use of land and may not be the basis for denying an agricultural classification if the land continues to be used primarily for bona fide agricultural purposes while it is being offered for sale. (No "Fee) Application and Interpretation of the above regulations: "Nonresidential farm buildings on farms" —means any nonresidential structure Constructed on a farm for the purpose of supporting the production of farm or aquaculture products. (i.e. farm maintenance shops, farm office buildings that do not include dwelling units or barracks, packing sheds, drying sheds, loading docks and ramps, hay barns, horse barns without dwelling units or barracks under the same roof, cow barns, chicken coops, poultry facilities, milking parlors, hog parlor's, veterinarian facilities located on the farm for the care and maintenance of the farm owner's animals, clam raceways, walk-in coolers and similar agriculture and aquaculture primary structures, support structures and support facilities). These structures may exempt from Building Permits. "Residential farm buildings on farms" —;means. any habitable or non -habitable residential structure or residential accessory structure; or any structure supporting residential uses, including primary or accessory uses. (i.e. dwellings, guest houses, horse bams with dwelling units or barracks under the same roof, carports, porches, hobby shops, workshops, free standing garages, pet shelters, storage buildings used for. storing non-farm related vehicles or materials, docks used for recreational purposes, swimming pools, masonry fences or other structures used for landscaping or residential purposes or similar nonagricultural purposes). These structures are not exempt from Building Permits. Zoning Criteria: ADVISORY WARNING: Although current Florida Statutes and a 2013 AGO Advisory Legal Opinion state that a non-residential farrn building on a farm is exempt from zoning requirements and land development regulations, staff strongly recommends that the following requirements be satisfied: 1. Minimum setbacks. Within all agricultural zoning districts (A -I, A-2, and A-3), the minimum building setback from any property line is 30 feet. 2. No portion of the structure may encroach into an easement. Floodplain Requirements: All structures which are partially or wholly within a Special Flood Hazard Area ("Flood Zone") are subject to Type B or C Floodplain Development Permitting issued through the County Engineering Division, including structures exempt from the Florida Building Code (reference County Code section 930.08(2)). Obtaining an Exemption Determination: To obtain an exemption determination from the Building Division, an application form (no foe �tuyet be completed and submitted to the Building Division. Application information is as follows: l I ✓ Proof of ownership - This can be in the form of a recorded warranty deed, Property Appraiser, lease and owner's consent, or o able means ofproving ownership. 2 Construction site plan - A survey, sketch, or other legible drawing drawn to scale which shows: property boundaries and dimensions; any easements or rights -of way; any existing or proposed buildings with distances between buildings; setbacks from property Lines for all existing or proposed buildings, including the proposed construction; any water bodies or jurisdictional wetlands on erty, right of way connection to: public road and locations of flood zones. 3. Floor Plan — A floor plan of each structure proposed for construction, depicting the agricultural use of all areas of each st �d the overall dimensions of the'structure. 4. P oof of Farm - Agricultural Classification from Property Appraiser (info from website is acceptable). 5. Exemption Affidavit - A fully completed, signed and notarized Verification of Exemption Affidavit (form attached). For further information contact Building Division at (772) 226-1260. *** THIS LIST IS INTENDED ONLY AS A GUIDE FOR APPLICATION SUBMITTAL AND MAY OR MAY NOT BE ALL INCLUSIVE*** 2 ATTACH ENT 1 210 INDIAN RIVER COUNTY/CITY OF VERO BEACH BUILDING DIVISION 1801 27th Street, Vero Beach, FL 32960 772 266-1260 oo Fee) CC GCE VED APR 0 K .018 INDIAN RIVER COUNTY MUD -DINS DEPARTMENT Verification of Exemption Affidavit for Nonresidential Farm Building Note: This exemption is applicable only for property with Agricultural Classifications determined or as applied by the Indian River County Property Appraiser. This is to certify that I,, la'i'r 4r*..kkfAi Skok?.e. am exempt from the requirements for a Building Permit under Florida Statutes 553'33(10) (c), Florida Building Code 101.2, Indian River County Ordinance 401.14. The proposed construction., as depicted on the attached site plan is to be a nonresidential farm building on a farm. Property Owners Name: B riebn kelle4 Sip ('Lc Address of Property: 11ftf—Si-4*t. 7120 31+4 St . Mailing Address: zo sr. Phone Number: Legal Description: Parcel #: 3139 U0600101400.00€4, .1 Block: Specific Directions to Job Site: W e# k o4 101,6" Pte. *Contractor. DBA: F. M Name: SieVE tovaltbki License Number: C, 12.5 Cx 57 Comp Card Number: 12316 Address: 161(0 Ig P i ace City/State/Zip Code: *,,to $ ACM Fi, 51,4166 Phone: TP. 01- 3Ol 'ax: 772. s1,7 34517 Cell: 7721180,- 2-3-b-2, Type of Structure �GGtt'' $4t;.ltk:�rr5 Use of Structure: cS �'ti Q ac rasa'\ g lk•p o t / 4av1ti�1n'�S iCav ]Joolek. Use of Site: .VA.. q eci't41�a 1, 404 Zoning District: A ( Future Land Use: 0 e i . Flood Zone: X Map #: Setbacks: North Side Proposed: Q, °d 1. South Side Proposed: 141. 0 East Side Proposed:' 7 West Side Proposed: /03. ,3 Additional permits may be required from other governmental entities. Sub- Contractor Information: Electrical Contractor. DBA: SIP );P/(T20 a-tearaic.tlue. State License Number: e 0 000 .i i,,• • Plumbing contractor: DBA: Asteot ppluxkoD 415, JAN 0 . State License Nurkber: Cif C 05007 Mechanical Contractggr DBA:.ii M I14Y6 1M t (DV% 4dM 111 t sG State License Number. CAG Mile 24 3 License Holders Name: AOS 1t 1 ,1 i P t b'Z'AP SA Comp Card Number: -4.041 License Holders Name: Mt Cd 140 rp Comp Card Number: WIG( License Holders Name:J/1/11-65 pu � 1 Comp Card Number: ATTU NT 211 INDIAN RIVER COUNTY/CITY OF VERO'BEACH BUILDING DIVISION 1801 27th Street, VeroBeacb, FL 32960 772 266-1260 (No Fee) Roofing Contractor:/ np (''���� ,�,yy {{` i DBA: N/ rt pit e�l� t t vtr t4 7iU License Holders Name: State License Number: Comp Card Number: Gas Contractor �/ f DBA: Pt State State License Number: Comp Card Number: License Holders Name: I certify that all the foregoing information is accurate and that all work will be conducted and completed in compliance with all applicable laws regulating construction and zoning. This structure will not be utilized for habitation or as a dwelling. 46/&*"/ i S—.ac. (Printed Name) State of d.tt- Countyounty of IhcGie At ver . . Sworn to and Subscribed before me; the /c/7PhDay of /flA A CN , 20 /'/ by R ri a,, T . S �o Jac- (+iio is personally known to me or has produced as identification. } R R Y. pti�A+oy ;, MARILYN BEAUCHER (T/Le of Identifi ata J� d f +°(j��,1� Notary Public - State of Florida 1! "( 'l A- / % LX i�,r,VI ' t .�.r uu n r�:aDl i41 j_(m_ + j.� .. Commission xp res Jul 9, 2020 Sig tune f Notary Public Print, Type or Stamp of Nota r "'�. ;,,,,, o c -- v8�e`Ibryr-w-ough CINol--.. -6' J Notes: 1. To qualify as an owner/builder, the owner of the property must personally appear at the Building Division and sign this application. (FS §489.103,7) • 2. Change of Use or Occupancy may require after the fact building permits with demonstrated code compliance including, but not limited to, destructive testing and inspections. 3. If requested by the applicant, plan review and inspections will be completed upon approval of a permit application and payment of required fees creating a permanent record of the construction completed for future use. 4. Construction Industry Licensing Laws, Mechanic's Lien Law, and Insurance Requirements There arc no exemptions from state and county construction industry licensing law, mechanic's lien law, insurance requirements and worker's compensation law. PlanningDavis n Building D' on Approved i Approved: Disapproved: ❑ Disapproved: LJ Reason: Reason: Reviewed By: a-, Ko La.•t., I Date: ltd 5/ t 4 Reviewed J Date• !L _ .is. f MACH C UNT 1 212 Cari66ean Lawn andLaniscaping, Inc 7220 414 Street Nero Beath, FL 32967 RcoCEtvE � 7efepfione (772) 569-8680 t�A'f 201$ F r 772) 569-2119 rr+�nv"�" E�1E�C www.cari66eanfawn.com �Zi iZOZr°�� NON-RESIDENTIAL FARM BUILDING AND OFFICES The goal is to develop an efficient nursery operation that not only optimizes plant growth, but also expedites harvesting and sales. A dedicated container nursery will be developed, with a pesticide storage building; pole barn for equipment stored in an organized manner, in house equipment repair/mechanical shop, shade house, production beds, recycling pond, with retention areas, roadways, customer and employee parking, meeting, conference, breakrooms & executive office space with facilities to clean up and be presentable. Sincerely, Brian Stolze Owner 213 Stolze / Caribbean Site Plan Sketch NORTH es- J cel I'r :777 -0 -Th U"'"%. DO I�. WerL. ' ANNui}L - Conrr-A;Arc z NoRsR y, p -rRR fiwel LINES _oLJ 1o/L DRAINAGE CANAL POND 113 ACRE PAD VA Ole BoxE5 -4 M6 LIP Nklm LI ME - iI I I )MP 47- iRp , rf0'4 coxtt ,QLs r"oF4 37 TH STREET T 214 Board of County Commissioners Meeting o 10.8.1. Request to Speak from Spencer Simmons and Tim Campbell regarding Zoning District Use Violation Spencer Simmons, 118 43rd Avenue, and Tim Campbell, 7330 37th Street, appeared before the Board to protest a Code Enforcement ruling which allowed a commercial business to operate in their Agriculture -zoned neighborhood. Using a PowerPoint presentation, Mr. Simmons displayed images of the buildings, commercial vehicles, and traffic at the subject property. He went on to explain that the business, Caribbean Lawn and Landscaping, had been cited for violating County code by erecting a building without a permit and violating the zoning use of the property. The Code Enforcement Board ruling, however, allowed the business to continue operation contingent upon the completion of a. planned commercial nursery. Mr. Campbell spoke of his concern regarding the increased traffic, loss of property value, and the precedence this would set to allow for similar businesses to open in the area. Chairman Solari requested clarification on the County code from Stan Boling, Director of Community Development. Director Boling explained that agricultural operations, such as commercial nurseries, receive protection under the Right -to -Farm Act; this includes a preemption from pulling a building permit, and the ability to run an accessory business on the land. A business could be ruled as accessory, or subordinate, based on the percentage of the lot it uses. The Chairman expressed concern that this company was gaming the system by using the wholesale nursery business as a gateway for the landscaping operations. The other Commissioners expressed similar views, and cited examples of companies that were in keeping with the intention of the code. Roland DuBlois, Chief of Code Enforcement, recounted the facts and analysis that led to the Code Enforcement Board's ruling. The consensus of the Board was that while they could not interfere in this ongoing case, they would like to consider modifications to the codethat would prevent misrepresentations or abuses of the zoning rules. The County Administrator and staff were instructed to research modifications to the code that would balance the needs of agriculture and commercial business. No Action Taken or Required C. PUBLIC NOTICE ITEMS 215 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Stan Boling, AICP; Community Development Director DATE: June 11, 2019 SUBJECT: Consideration of Modifications to Regulations for Off-site Accessory Landscaping Services Uses in Agricultural Zoning Districts It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 18, 2019. BACKGROUND At its March 5, 2019 meeting, the Board of County Commissioners (BCC) heard a request to speak from Spencer Simmons and Tim Campbell who each live on 37th Street west of 66th Avenue in an agricultural zoning district (A-1, Agriculture 1; up to 1 unit per 5 acres). Mr. Simmons and Mr. Campbell spoke of their concerns regarding a landscaping services business (Caribbean Lawn and Landscaping owned by Brian and Kelly Stolze) that had been established on f 9.9 acres at 7120 37th Street. Mr. Campbell and Mr. Simmons indicated that they were following an active code case against Caribbean Lawn and Landscaping for establishing an accessory landscaping services business ahead of establishing a wholesale nursery on the subject site. Both expressed concerns about traffic, effects on neighborhood character and property values, and the precedent for future similar situations on other agriculturally zoned properties. During discussion with staff, Board members acknowledged Right to Farm Act protections and the code enforcementprocess but also expressed concern that under current procedures and code interpretation, a landscaping services business could "game the system" by minimally establishing a wholesale nursery in order to have an out -of -scale commercial business in an agricultural area. In the end, the Board acknowledged that the code enforcement case would proceed on its own track, and by consensus directed staff to research possible modifications to the land development regulations (LDRs) to balance the needs of agriculture and commercial business in agricultural areas with respect to landscaping services operations. Since the March 5th meeting; -staff has conducted research and drafted this report for the Board's consideration. In addition, staff has drafted a proposed LDR amendment for the Board's review and consideration as a "pending ordinance". 216 ANALYSIS • Land Use Conflicts in Agricultural Areas In 1990, Indian River County adopted its present comprehensive plan which, among other items, established the County's Urban Service Area and the associated Urban Service Area Boundary. As adopted, the Urban Service Area (USA) constitutes that area of the county where "urban" commercial, industrial, and residential uses are allowed and where urban services such as public water and sewer are provided to serve development. Conversely, the areas lying outside the USA (which are vast and cover roughly the western two-thirds of the county) are designated Conservation or Agricultural and are generally intended to be rural in nature with agricultural, conservation, and low density residential uses allowed. Agricultural areas are designated on the adopted future land use map as AG -1 (up to 1 unit/5 acres), AG -2 (up to 1 unit/10 acres), and AG -3 (up to 1 unit per 20 acres); those designations have corresponding zoning districts A-1, A-2, and A-3. Generally, AG -1/A-1 areas lie east of I-95 and within the Fellsmere Farms platted area that surrounds the original Town of Fellsmere, although a number of "remnant" A-1 properties still exist inside the Urban Service Area. AG -2/A-2 areas generally lie west of I-95 and east of the St. Johns marsh, while AG -3/A-3 areas generally lie west of the St. Johns marsh. Although agriculturally designated areas are generally restricted to agricultural and associated accessory uses, and low density residential uses, the county's comprehensive plan and land development regulations (LDRs) allow certain types of commercial or industrial uses on agriculturally designated properties under certain conditions and criteria. Those uses are subject to special conditions and specific land use criteria and are reviewed and approved through the administrative permit or special exception processes. Currently, the "conditional uses" allowed in agriculturally designated areas include churches, schools, fruit/vegetable packing houses, golf courses, commercial kennels, airstrips, .solar farms, utility facilities, communications towers, recycling centers, and mining operations. Those uses are allowed in agricultural areas for various reasons. Some uses, such as packing houses, are related to agricultural production and warrant more rural locations near agricultural production. Other uses, such as golf courses, airstrips, and solar farms, require large site areas which are more available and easier to assemble in agricultural areas. Still other uses, such as recycling centers and commercial kennels can be appropriately located in certain areas outside the USA where residential density is very low and facilities can be separated from concentrations of residences by significant distances and can be more effectively buffered from adjacent properties. Finally, some uses, such as schools and churches, are institutional uses that aretraditionally allowed in rural areas and are considered generally compatible with agricultural and very low density residential uses subject to conditions. Overall, many conditional uses located outside the USA serve residents and businesses located within the USA. Over the past decades, the Planning & Zoning Commission and the Board of County Commissioners have periodically discussed and evaluated land use conflicts in agricultural areas and have generally acknowledged that some conflicts are inevitable because residential uses (even low density residential) 217 are allowed in agricultural areas along with agricultural uses of various intensities and scale and a number of conditional uses that are warranted in agricultural areas under certain conditions. Where warranted, LDRs have sometimes been changed to address such conflicts through specific criteria and/or limitations. In the end, County LDRs accommodate the wide and eclectic range of large and small scale agricultural uses, conditional uses, and low density "residential estate" uses that have historically existed and currently exist in the agriculturally designated areas. Through large minimum parcel size requirements (5, 10, and 20 acre minimums), significant open space requirements (60% and 80% of the site), special criteria and limitations, the LDRs address but do not (and will not) completely resolve all conflicts between competing uses and expectations in the agricultural areas. • State Pre-emptions & Protections of Agricultural Uses Like other states, Florida has strong "right to farm" state statues that pre-empt local government regulations of agricultural and associated uses. In recent years, the state of Florida has strengthened such pre-emptions. Current state law exempts from the Florida Building Code non-residential farm buildings, structures, and facilities located on farms. The term "farm" and "farm operations" are broadly defined (see Florida Statute references in attachment 2) Under state law, commercial nurseries on agricultural property including wholesale plant nurseries are "protected" as a bona fide agricultural use that is pre-empted from local land use and building permit regulations. It is staff's understanding that current state law does not pre-empt the County from enacting reasonable regulations for uses customarily associated with wholesale nurseries such as off- site landscaping services. • Current IRC Regulation of Landscaping Services The County's current LDRs allow landscaping services as a principal "contractor's trades" type of use in heavy commercial and industrial districts where storage of vehicles, equipment, and various supplies and materials are allowed on intensely developed sites with low open space requirements (10% - 15% of the site). Current agricultural district regulations (Section 911.06(4) use table) allow commercial nurseries in the A-1, A-2, and A-3 districts, and specifically permit the following components/uses as part of a commercial nursery in the A-1, A-2, and A-3 districts: "... cultivation, wholesaling, and off-site landscaping services allowed; no retail sales allowed on-site." In its interpretation and application of this existing code provision, staff has had to make judgment calls as to what type use and facility constitutes an off-site landscape service operation that is allowable as a use associated with a wholesale nursery. In making these judgement calls, there have been cases that have "pushed the envelope" with respect to components of the operation, as well as the scale and lay- out of the landscaping services facility. Because wholesale nurseries and associated off_site__landscaping services are categorized as a permitted agricultural use, such uses are exempt from County site plan requirements (Section 914.04(1)(a)). In addition, since nurseries are a bona fide agricultural use, consistent with state statute and based on county practice, improvements and structures serving both nurseries and 218 permitted associated uses are exempt from building permit requirements but are not exempt from zoning setback and any applicable flood plain regulations. Asa voluntary process to confirm compliance with the exemption, staff strongly encourages property owners who claim the exemption to file a Verification of Exemption for Non-residential Farm Building local form (see attachment 2). Persons submitting the form attach a site sketch showing the lay -out of uses and facilities; the sketch is not a formal site plan. Such a form was filed for the Caribbean Lawn and Landscaping business. Since the March 5th meeting, no acknowledgement form for any new nursery/landscaping service business has been filed. In practice, facilities serving agricultural operations may also serve associated permitted accessory uses. For example, a workshop/garage can serve wholesale nursery production, maintenance, delivery, and vehicles and equipment that serve off-site landscaping services operations. In staff's experience, it would be difficult to try to separate -out portions of a facility that serve a nursery use from what serves an accessary landscaping services use. Staff's interpretation :of the previously quoted 911.06(4) use table provisions is that an off-site landscaping service is allowed as an "accessory use" to a wholesale plant nursery. Under LDR Chapter 901, an "accessory use" is defined as: "Accessory use a use which: (a) Is clearly incidental to, customarily found in association with, and serves a principal use; (b) Is subordinate in purpose, area, and extent to the principal use served; and (c) Is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use." Staffs interpretation of "accessory use" as applied to off-site landscaping services associated with a wholesale nursery is that such use is limited to installation and maintenance mowing/trimming of landscaping material and must cover less site area than the nursery area. Under that interpretation, for example, the site area of the landscaping services operation (total parking, driveway, and building area) must be less than the nursery area (area under cultivation including green houses, grow houses, shade houses, and similar structures). Consequently, under the current interpretation, a landscaping services area to nursery area ratio of slightly less that 1:1 would comply. Based on discussion at the March 5th meeting, it is staffs understanding that Board members believe that a lower ratio of landscaping services area to nursery area would more appropriately reflect the "incidental to" and "customarily found in association with" characteristics of an accessory landscaping services use. Staffs research of existing landscaping services in the County, and the proposed draft ordinance, address site area ratio which is a valid tool for evaluating an appropriate scale for both uses. Staffs current interpretation, supported by Code Enforcement Board action, is that the wholesale nursery use, as the principal agricultural use, is required to be established prior to or at the same time as the landscaping services use and that the landscaping services use cannot involve burying, mulching, or burning off-site debris on the premises. It is also staffs current interpretation that pest control services are not accessory to a wholesale nursery use and are not allowed. These aspects of staffs current interpretation are incorporated into the proposed draft ordinance to clarify and codify those interpretations. Small-scale home -occupation landscaping services 219 Under the County's home occupation regulations (section 912.05(6)), landscaping services in agricultural areas operated out of a "home office" and on-site accessory structures are permitted as a home occupation with limitations that restrict the operation to a small-scale "family business". Such specific limitations include a prohibition of non-resident employees on the premises and a prohibition on outdoor display of signs or display of equipment and materials. Consequently, a proposed regulation change could specifically reference the "carve -out" for home occupation landscaping services in agricultural areas to clearly preserve the status of such small-scale services operations. • Regulations of Other Counties Staff researched regulations of nearby counties for nursery and landscaping services in agricultural districts. Research results are summarized in a comparison chart for Brevard, Osceola, Palm Beach, St. Lucie, and Indian River counties (see attachment 3). In summary, compared to the other counties, IRC has more stringent requirements for retail nurseries and has similar allowances permitting wholesale nurseries and landscaping services in agricultural areas. All jurisdictions appear to allow lawn mowing as a component of landscaping services. Palm Beach County has specific criteria for landscaping services in agricultural districts including a 3 acre minimum site size, an accessory to a nursery criterion, and a prohibition on outdoor debris storage. For context, staff's research also indicates that IRC's minimum lot sizes in its agricultural districts are significantly larger than Brevard's and St. Lucie's and are the same as Martin County's (see attachment 4). Larger minimum parcel sizes tend to raise the minimum level of investment needed for a new property owner to start a business in an agricultural area. • Existing Landscaping Services in IRC Agricultural Areas Staffs research identified 17 existing landscaping/nursery/property management businesses in IRC's A-1 agricultural district (see attachment 5). Staff focused its research on the A-1 district since that district has the highest concentration of residential estate/"ranchette" properties and the highest incidence of land use conflicts. Research indicates that most existing nursery/landscaping services in the A-1 district have a landscaping services site area to nursery site area ratio of less than 1:2. In other words, 14 out of the 17 nursery/landscaping services businesses have a landscaping services site area that is less than 50% of the nursery site area. Research also indicates that 12 out of the 17 nursery/landscaping services businesses are located on sites having at least 400,000 sq. ft. (9.183 acres). For all 17 existing businesses, site sizes ranged from 4.8 acres to 270+ acres. The 400,000 sq. ft. threshold is a good quantitative standard for capturing original "10 acre" tracts and parcels that have been reduced in size by right-of-way dedications for canals and roads. For the A-1 nursery/landscaping services businesses identified, dirt roads provide access to 9 out of the 17 businesses with the remaining 8 other businesses accessed by paved roads. Building setbacks vary greatly for the existing businesses although staff's observations and code enforcement experience suggest that sites with nursery plantings and/or visual buffering along road frontages with parking/building areas located "in back" generate few if any complaints. Currently, all these agricultural zoning districts have a 30' building setback and no specific setback for driveways or parking areas. Staffs experience is that larger setbacks (such as 50') between landscaping services 220 facilities and property lines can also mitigate potential adverse impacts by providing separation from neighbors and ample area for buffering. • Proposed Draft Ordinance For the Board's consideration, staff has drafted an ordinance that attempts to clarify and specify an interpretation of the code consistent with input from Board members at the March 5th meeting and based on staff's recent research. The approach of the draft ordinance is to simply clarify that in agricultural districts an "off-site landscaping services" use associated with a commercial nursery is accessory to the commercial nursery use, and to carefully define the term "off-site accessory landscaping services". By a careful and thorough definition, the proposed code change would qualify what constitutes an allowable landscaping services use. Through the proposed definition, an off-site accessory landscaping services use in compliance with the proposed code change would: 1. Include installation and mowing/trimming maintenance services involving a broad range of landscape material, including grass (lawns), consistent with the code's existing Chapter 901 definition of "landscaping". 2. Not include pest control services. 3. Not include (and consequently, would not further regulate) services authorized and conducted in compliance with a home occupation permit. 4. Be associated with a legally established nursery. 5. Be located on an agriculturally zoned site of at least 400,000 sq. ft. (9.183 acres). 6. Be set back (total parking/driveway/building area) at least 50 ft. from property lines. 7. Be limited (total parking/driveway/building area) to no more than 50% of the nursery area located on site (total area under cultivation including green houses, grow houses, shade houses, and similar structures). 8. Be visually screened (parking area) from adjacent properties and streets. 9. Not include or allow for burning, mulching, or dumping off-site debris on the nursery/ landscaping services site. In staff's opinion, the draft ordinance can be used by the Board as a "pending ordinance", applicable to any proposed or future landscaping services use in the A-1, A-2, and A-3 districts while proceeding with the formal LDR amendment process. RECOMMENDATION 221 Staff recommends that the Board of County Commissioners: 1. Consider the proposed draft ordinance, provide input to staff, and direct staff to initiate the formal land development regulation amendment process; and 2. Invoke the pending ordinance doctrine for the proposed draft ordinance during the formal adoption process. ATTACHMENTS 1. Minutes from March 5, 2019 BCC Meeting 2. Voluntary Agricultural Exemption Acknowledgement Form 3. Chart: Comparison of County Nursery/Landscaping Services in Ag 4. Chart: Agricultural Zoning Districts Comparison 5. Chart: Existing Landscape/Nursery Businesses in Ag 6. Proposed Draft Ordinance 222 Board of County Commissioners Meeting Minutes - Final March 5, 2019 10.6.1. Request to Speak from Spencer Simmons and Tim Campbell regarding Zoning District Use Violation Spencer Simmons, 118 43rd Avenue, and Tim Campbell, 7330 37th Street, appeared before the Board to protest a Code Enforcement ruling which allowed a commercial business to operate in their Agriculture -zoned neighborhood. Using a PowerPoint presentation, Mr. Simmons displayed images of the buildings, commercial vehicles, and traffic at the subject property. He went on to explain that the business, Caribbean Lawn and Landscaping, had been cited for violating County code by erecting a building without a permit and violating the zoning use of the property. The Code Enforcement Board ruling, however, allowed the business to continue operation contingent upon the completion of a planned commercial nursery. Mr. Campbell spoke of his concern regarding the increased traffic, loss of property value, and the precedence this would set to allow for similar businesses to open in the area. Chairman Solari requested clarification on the County code from Stan Boling, Director of Community Development. Director Boling explained that agricultural operations, such as commercial nurseries, receive protection under the Right -to -Farm Act; this includes a preemption from pulling a building permit, and the ability to run an accessory business on the land. A business. could be ruled as accessory, or subordinate, based on the percentage of the lot it uses. The Chairman expressed concern that this company was gaming the system by using the wholesale nursery business as a gateway for the landscaping operations. The other Commissioners expressed similar views, and cited examples of companies that were in keeping with the intention of the code. Roland DuBlois, Chief of Code Enforcement, recounted the facts and analysis that led to the Code Enforcement Board's ruling. The consensus of the Board was that while they could not interfere in this ongoing case, they would like to consider modifications to the code that would prevent misrepresentations or abuses of the zoning rules. The County Administrator and staff were instructed to research modifications to the code that would balance the needs of agriculture and commercial business. No Action Taken or Required C. PUBLIC NOTICE ITEMS Indian River County Florida 22139e 9 Verification of Exemption for Nonresidential Farm Building Generally, nonresidential farm buildings are an allowed accessory use on an agricultural property when State of Florida Statutes and licensing requirements are met. Local and state requirements are listed below: Indian River County Ordinance Section 401.14 Agricultural exemption Nothing contained in this article shall be construed to apply to or affect buildings, structures or appurtenances located outside the corporate limits of municipalities and used solely for housing or storing agricultural animals, supplies, equipment or products by person, firm, or corporations engaged in agriculture. The exemption shall be construed consistent with applicable state exemptions and the Florida Building Code. Note: Structures complying with this section are exempt from Building Permit requirements; no Building Permit is required. Florida Statute 553.73(10)(c) and Florida Building Code 102.2 (c) (10) The following buildings, structures, and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the Legislature and provided by law: (c) Nonresidential farm buildings on farms. Florida Statute 604.50 Nonresidential Farm Buildings (1) Notwithstanding any provision of law to the contrary, any nonresidential farm building, farm fence, or farm sign that is located on lands used for bona fide agricultural purposes is exempt from the Florida Building Code and any county or municipal code or fee, except for code provisions implementing local, state, or federal floodplain management regulations. A farm sign located on a public road may not be erected, used, operated, or maintained in a manner that violates any standard provided in s. 479.11(4), (5)(a), and (6)-(8). (2) As used in this section, the term: (a) "Bona fide agricultural purposes" has the same meaning as provided in s. 193.461(3)(b). (b) "Farm" has the same meaning as provided in s. 823.14. (c) "Farm sign" means a sign erected, used, or maintained on a farm by the owner or lessee of the farm which relates solely to farm produce, merchandise, or services sold, produced, manufactured, or furnished on the farm. (d) "Nonresidential farm buildings" means any temporary or permanent building or support structure that is classified as a nonresidential farm building on a farm under s. 553.73(10) (c) or that is used primarily for agricultural purposes, is located on land that is an integral part of a farm operation or is classified as agricultural land under s. 193.461, and is not intended to be used as a residential dwelling. The term may include, but is not limited to, a barn, greenhouse, shade house, farm office, storage building, or poultry house. Florida Statute 823.14 (3) Definitions — As used in this section: (a) "Farm" - means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products. (b) "Farm operation" means all conditions or activities by the owner, lessee, agent, independent contractor, and supplier which occur on a farm in connection with production of farm, honeybee, or apiculture products and includes, but is not limited to, the marketing of produce at roadside stands or farm markets; the operation of machinery and irrigation pumps; generation of noise, odors, dust, and fumes; ground or aerial seeding and spraying; the placement and operation of an apiary; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor. Florida Statute 193.461(3)(b) (3)(b) Subject to the restrictions specified in this section, only lands that are used primarily for bona fide agricultural purposes shall be classified agricultural. The term "bona fide agricultural purposes" means good faith commercial use of the land. 1. In determining whether the use of the land for agricultural purposes is bona fide, the following factors may be taken into consideration: a. The length of time the land has been used. b. Whether the use has been continuous. c. The purchase price paid. d. Size, as it relates to specific agricultural use, but a minimum acreage may not be required for agricultural assessment. e. Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices. 224 f. Whether the land is under lease and, if so, the effective length, terms, and conditions of the lease. g. Such other factors as may become applicable. 2. Offering property for sale does not constitute a primary use of land and may not be the basis for denying an agricultural classification if the land continues to be used primarily for bona fide agricultural purposes while it is being offered for sale. Application and Interpretation of the above regulations: "Nonresidential farm buildings on farms" — means any nonresidential structure constructed on a farm for the purpose of supporting the production of farm or aquaculture products. (Le. farm maintenance shops, farm office buildings that do not include dwelling units or barracks, packing sheds, drying sheds, loading docks and ramps, hay barns, horse barns without dwelling units or barracks under the same roof, cow barns, chicken coops, poultry facilities, milking parlors, hog parlors, veterinarian facilities located on the farm for the care and maintenance of the farm owner's animals, clam raceways, walk-in coolers and similar agriculture and aquaculture primary structures, support structures and support facilities). These structures may be exempt from Building Permits. "Residential farm buildings on farms" — means any habitable or non -habitable residential structure or residential accessory structure; or any structure supporting residential uses, including primary or accessory uses. (i.e. dwellings, guest houses, horse barns with dwelling units or barracks under the same roof, carports, porches, hobby shops, workshops, free standing garages, pet shelters, storage buildings used for storing non-farm related vehicles or materials, docks used for recreational purposes, swimming pools, masonry fences or other structures used for landscaping or residential purposes or similar nonagricultural purposes). These structures are not exempt from Building Permits. Zoning Criteria: ADVISORY WARNING: Although current Florida Statutes and a 2013 AGO Advisory Legal Opinion state that a non-residential farm building on a farm is exempt from zoning requirements and land development regulations, staff strongly recommends that the following requirements be satisfied: 1. Minimum setbacks. Within all agricultural zoning districts (A-1, A-2, and A-3), the minimum building setback from any property line is 30 feet. 2. No portion of the structure may encroach into an easement. Floodplain Requirements: All structures which are partially or wholly within a Special Flood Hazard Area ("Flood Zone") are subject to Type B or C Floodplain Development Permitting issued through the County Engineering Division, including structures exempt from the Florida Building Code (reference County Code section 930.08(2)). Obtaining an Exemption Determination: To obtain an exemption determination from the Building Division, an application form (no feet be completed and submitted to the Building Division. Application information is as follows: 1. Proof of ownership - This can be in the form of a recorded warranty deed, Property Appraiser, lease and owner's consent, or ofrifiable means of proving ownership. 2. Construction site plan - A survey, sketch, or other legible drawing drawn to scale which shows: property boundaries and dimensions; any easements or rights -of way; any existing or proposed buildings with distances between buildings; setbacks from property lines for all existing or proposed buildings, including the proposed construction; any water bodies or jurisdictional wetlands oneroperty, right of way connection to public road and locations of flood zones. 3. Floor Plan — A floor plan of each structure proposed for construction, depicting the agricultural use of all areas of each st e and the overall dimensions of the structure. 4. _�_ Proof of Farm - Agricultural Classification from Property Appraiser (info from website is acceptable). Exemption Affidavit - A fully completed, signed and notarized Verification of Exemption Affidavit (form attached). For further information contact Building Division at (772) 226-1260. *** THIS LIST IS INTENDED ONLY AS A GUIDE FOR APPLICATION SUBMITTAL AND MAY OR MAY NOT BE ALL INCLUSIVE*** 225 Verification of Exemption Affidavit for Nonresidential Farm Building Note: This exemption is applicable only for property with Agricultural Classifications determined or as applied by the Indian River County Property Appraiser. This is to certify that I) am exempt from the requirements for a Building Permit under Florida Statutes 553.73(10) (c), Florida Building Code 101.2, Indian River County Ordinance 401.14. The proposed construction, as depicted on the attached site plan into be a nonresidential farm building on a farm. Property Owners Name: Address of Property: Mailing Address: Phone Number: Email: Legal Description: Parcel #: Block: Lot: Specific Directions to Job Site: *Contractor: DBA: Name: License Number: Comp Card Number: Address: City/State/Zip Code: Phone: Fax: Cell: Type of Structure: Use of Structure: Use of Site: Zoning District: Future Land Use: Flood Zone: Map #: Setbacks: North Side Proposed: South Side Proposed: East Side Proposed: West Side Proposed: Additional permits may be required from other governmental entities. Sub- Contractor Information: Electrical Contractor: DBA: License Holders Name: State License Number: Comp Card Number: Plumbing Contractor: DBA: License Holders Name: State License Number: Comp Card Number: Mechanical Contractor: DBA: License Holders Name: State License Number: Comp Card Number: 226 Roofmg Contractor: DBA: License Holders Name: State License Number: Comp Card Number: Gas Contractor: DBA: License Holders Name: State License Number: Comp Card Number: I certify that all the foregoing information is accurate and that all work will be conducted and completed in compliance with all applicable laws regulating construction and zoning. This structure will not be utilized for habitation or as a dwelling. (Owner's Signature) (Printed Name) State of County of Sworn to and Subscribed before me, the Day of , 20 by who is personally known to me or has produced as identification. (Type of Identification) Signature of Notary Public Print, Type or Stamp of Notary Notes: 1. *To qualify as an owner/builder, the owner of the property must personally appear at the Building Division and sign this application. (FS §489.103.7) 2. Change of Use or Occupancy may require after the fact building permits with demonstrated code compliance including, but not limited to, destructive testing and inspections. 3. If requested by the applicant, plan review and inspections will be completed upon approval of a permit application and payment of required fees creating a permanent record of the construction completed for future use. 4. Construction Industry Licensing Laws, Mechanic's Lien Law, and Insurance Requirements There are no exemptions from state and county construction industry licensing law, mechanic's lien law, insurance requirements and worker's compensation law. Planning Division Building Division Approved Approved:❑ Disapproved: ❑ Disapproved: ❑ Reason: Reason: Reviewed By: Reviewed By: Date: Date: 227 COMPARISON BY COUNTY: Nurseries & Landscape Services in Agricultural Districts County Retail Nursery Wholesale Nursery Landscape Services Brevard P P P* Martin P P P Osceola P P P Palm Beach P/C P/C C* St. Lucie . P P P Indian River S P P** P = Permitted C = Conditional S = Special Exception (special criteria apply) *Allowed in Brevard's 5 acre minimum agricultural district **Allowed as component (accessory) to wholesale nursery Palm Beach County landscape criteria: 1. Accessory to a retail or wholesale nursery 2. Minimum site size of 3 acres 3. Landscape buffer may be required depending upon adjacent use (usually required) 4. Outdoor storage of debris prohibited 5. Outdoor storage of yard waste limited to 30' x 40' area walled on 3 sides (12' wall ht. max.) setback 50' from all property lines and 100' from property with residential use or designation 228 AGRICULTURAL ZONING DISTRICTS COMPARISON INDIAN RIVER, BREVARD, ST LUCIE, MARTIN COUNTIES COUNTY ZONING DISTRICT MIN LOT AREA MIN LOT WIDTH MAX RES DENSITY OPEN SPACE INDIAN RIVER A-1 200,000 150' 0.2 60% A-2 430,000 150' 0.1 80% A-3 870,000 150' 0.1 80% BREVARD PA 217,800 300' 0.2 AGR 217,800 200' 0.2 AU 108,900 150' 0.4 AU(L) 108,900 150' 0.4 ARR 43,560 125' 1.0 ST. LUCIE AG -1 43,560 150' 1.0 90% AG -2.5 108,900 150' 0.4 85% AG -5 217,800. 150 0.2 90% MARTIN AR -5A 217,800 300' 0.2 50% AR -10A 435,600 300' 0.1 50% AG -20A 871,200 300 0.05 50% 229 Attachment 4 Landscape/Nursery/Property F\ Ref # Business Name Address Parcel ID Acreage Access Building Area 1 CW WILLIS FAMILY FARMS 1405 58TH Ave 33390800001001000001.0 18.31 Paved 1140 sf/open sheds 2 PETERSON'S GROVE & NURSERY 3375 66TH AVE 32393100001008000002.0 13.7 Paved 2,400 sf residence 12,786 sf maintenai 572 sf barn 2,000 sf pole barn (: 3 OSLO OAKS LANDSCAPE, INC 4325 17TH ST SW 33393300002001000001.1 8.8 Dirt 6,250 sf metal story 5,000 sf open shed 4 ANCO LAND LLC 6050 8TH ST 33390800001015000003.0 9.5 Paved 1,688 sf metal store 800 sf metal storage 5 TROPICAL PROPERTY MGT 6300 1ST ST SW 33391700001014000002.0 19.4 Paved 2,400 sf open metal 4,000 sf garage bldg 1,500 sf modular bl, 6 JORDON SPRNKLER SYSTEMS 6350 9TH ST SW 33392000001014000001.0 9.7 Paved 12,868 sf metal bld 7 TREASURE COASTTURF/TREES 6420 37THS ST 32392900002020000001.1 6.9 Paved 5,684 sf (3 pole bar 8 PREMIER LANDSCAPE SOLUTIONS 6574 33RD ST 32393200001005000001.1 6.4 Paved 2,080 sf Quonset hi 2,900 sf pole barn 2,600 sf metal bldg 9 J&D PROP. MGT & LANDSCAPING 6800 17TH ST SW 33393000001015000002.0 16.3 Dirt 1,500 sf pole barn 400 sf mobile home 10 CHESTNUT ORNAMENTAL NURSERY 6900 65TH ST 32390700001007000002.0 10 Dirt 2,877 sf CB storage 11 CREATIVE LANDSCAPING & LAWN 7020 57TH ST 32391800001006000003.0 15 Dirt 3,885 sf pole barn 1,950 sf metal bldg 2,000 sf quonset hu 12 CARIBBEAN LAWN & LANDSCAPE 7120 37TH ST 32393000001014000002.1 9.9 Dirt 7,647 sf 2 -story met 950 sf pole barn 13 WW SOD & EQUIPMENT 7398 61ST ST 32390700001013000002.0 12.3 Dirt 27,651 sf metal bid! 1,200 sf pole barn 14 HARDWOOD TREE FARM LLC 10475 138TH AVE 31370000001113100001.0 4.8 Dirt 2,400 sf metal bldg 15 RITENOUR NURSERIES 7250 49TH ST 32391900001005000001.0 4.9 Dirt 1 residence 2,465 sf metal bldg 16 INDIAN RIVER LANDSCAPES, LLC 5900 12TH ST 33390800001008000001.1 9.3 Paved 640 sf metal bldg 17 SEBASTIAN RIVER FARMS 5915 82ND AVE 32381400000100000002.0 270+ Dirt 7,700 sf metal bldg (9 Parcels) 5,270 sf metal bldg 3,230 sf pole barn 1,300 sf residence AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AN AMENDMENT TO CHAPTER 901, DEFINITIONS; BY AMENDING SECTION 901.03, ESTABLISHING A DEFINITION FOR OFF-SITE ACCESSORY LANDSCAPING SERVICES; BY AMENDMENT TO CHAPTER 911, ZONING; BY AMENDING SECTION 911.06(4), AGRICULTURAL AND RURAL DISTRICTS USES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY/LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, AND�`CHPATER 911, ZONING BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03 by establishing a definition for "Off-site accesso landscaping services" to read as follows: Off-site accessory landscaping services installation and ino mg/trimming maintenance services (not including pest control services) involving landscaping\material such as grass, ground covers, shrubs, vines, hedges, trees, and'balms accessory'to '\legally established wholesale nursery on agriculturally zoned propertymt least,400,000 sol are'feef in size, where the total parking/driveway/building area associated;with`"the)tndscaping service use is set back at least fifty (50) feet from property lines and is limited to n43.more than fifty (50) percent of the nursery site area under cultivation-and_where outdoiorAfa'rking area4ssociated with the landscaping services use is visually .creened'from ad jacent; propertieeand streets. For purposes of this definition, area undeecultivation.in"cludes greetNiouses, grow houses, shade houses, and similar structures. This daiiiitioh, does not include servieesuthorized and conducted in compliance with a valid home occupZati n Deft -lilt -issued by the/County, and does not include or allow for the burning,anukhing, orNdumpin of..off-site debris on the wholesale nursery/landscaping services site.- SECTION #2: Amend the "Agricultural Us�esj' portion of the use table from LDR Section 911.06(4), to read as follows: JJ Uses A-1 A-2 District A-3 RFD RS -1 Agricultural General farming P P Dairy farming A A Livestock and poultry raising P P P Stables (noncommercial) P P 1 P A A Stable (commercial) P P 1 P 231 Sludge spreading A A A - - Tree farms P P P - - Kennel and animal boarding places Commercial A A A - - Noncommercial P P P P A Fruit and vegetable juice extractions and packing houses A A A - - Small animal specialty farms A �A A - - Tenant dwelling S S� S - Residential migrant housing facility S,NN. S S Nursery and greenhouses Noncommercial .4\ r P Commercial (cultivation, wholesaling, and off-site acce t 'ry P P - - landscaping services* allowed; no retail sales allowed -sits) Agricultural businesses, excluding wholesaling and rocessing���� SV- - Agricultural industries �l. s S S - Fish farms and water dependent plant and/or <�ir�i al,production ��A A A - - Agricultural research facilities '\A--ftf A A - - Aquaculture \ ),____L., A A A A Fruit spreading (subject to subsection 917.06(15)) U1/I P P P - - *See definition of "off;te' accessory landscaping services"`in Chapter 901 Editor's note: all other portions of the LDR Section 91`1 06(4) use table to remain as is, unamended. V SECTION #3:`SEVFRABIL`ITY If any lause, section o �prauisi of hirOrdinance shall be declared by a court of competent juris ictioii\to be unconstihutional or invalid for any cause or reason, the same shall be eliminated from this ©rdrnance and the remaining'portion of this Ordinance shall be in full force and effect and be as valid as'if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL 0 CONFLICTING ORDINANCES The provisions of any)th r Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 232 SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the public hearing to be held on the adoption by Commissioner by the following vote: day of day of , 2019, at which time , seconded by Commissioner Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flesohe" r' \ Commissioner Tim Zor , 2019, for a it was moved for , and adopted Commissioner Peter D. O'Bryan BOD -OF COUNTY CO MISSIONERS OF 11�DI� R COUNTY The Chairman there upon declared the ordinance duly passed-anda`dopted this day of , 2019. BY: \13ob'So1ari, Chairman TTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed w fth the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 233 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Meeting Minutes - Final Tuesday, June 18, 2019 9:00 AM Commission Chambers Board of County Commissioners Bob Solari, Chairman, District 5 Susan Adams,Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 234 ATTACHMENT 5 Board of County Commissioners Meeting Minutes - Final June 18, 2019 12.A.2. 19-0504 Recommended Action: Consideration of Modifications to Regulations for Off-site Accessory Landscaping Services Uses in Agricultural Zoning Districts Staff recommends that the Board of County Commissioners: 1. Consider the proposed draft ordinance, provide input to staff, and direct staff to initiate the formal land development regulation amendment process; and 2. Invoke the pending ordinance doctrine for the proposed draft ordinance during the formal adoption process. Attachments: Staff Report Minutes from March 5, 2019 BCC Meeting Voluntary Aq Exemption Acknowledgement Form Comparison of County Nursery/Landscaping Sery in Aq Agricultural Zoning Districts Comparison Existing Landscape/Nursery Businesses in Aq Proposed Draft Ordinance (Clerk's Note: The item was heard following the 1:00 p.m. time -certain Item 12.D.1., and is placed here for continuity.) Through the use of a PowerPoint Presentation, Community Development Director Stan Boling provided a recap of the March 5, 2019 meeting when citizens Spencer Simmons and Tim Campbell addressed the Board with their concerns regarding Caribbean Lawn and Landscaping, a landscaping services business located at 7120 37th Street in an A-1 agricultural use zone. Director Boling explained that the consensus of the Board was for staff to research possible modifications to the Land Development Regulations (LDRs) to potentially balance agriculture and commercial business in agricultural areas. In his presentation, Director Boling included the 2030 Indian River County Future Land Use Map and addressed land use conflicts, permitting procedures, and "accessory use" factors. Environmental Planning and Code Enforcement Chief Roland DeBlois offered an overview of the businesses in the A-1 agricultural zone. Director Boling pointed out that staff researched the existing and potential LDRs of Brevard, Martin, Osceola, St. Lucie and Palm Beach Counties, and provided the Board with a proposed draft ordinance that could be used as a pending ordinance during the formal LDR amendment process. -He-explained that -if the Board declared the draft ordinance to be in effect during the formal code amendment process, it would apply to any newly established landscaping services business and any new expansion or changes to an existing business that is zoned in A-1, A-2 or A-3 agricultural areas. Indian River County Florida 235we 1 ATTACHMENT 5 Board of County Commissioners Meeting Minutes - Final June 18, 2019 Commissioner O'Bryan received clarification from Director Boling about mowing and trimming being listed as an accessory to a nursery business and inquired on the criteria of a legally established nursery. Commissioner Zorc mentioned growing and harvesting in a facility, of,which Director Boling categorized as a farm rather than a nursery where the plants are grown to be sold. Commissioner Flescher noted reasons for not being supportive of adding restrictions to the current LDRs, and expressed his opinion regarding people who move into an area zoned for agriculture, and then complain about the activities surrounding them. Vice Chairman Adams, who mentioned that she agreed with Commissioner Flescher, stated that the nursery employees sometimes do maintenance work for their customers. Tim Campbell, 7330 37th Street, stated that he has lived at his address for 20 years, and provided his opinion of the inconvenience caused by the new business. Amy Simmons, 7250 37th Street, responded to Commissioner Flescher's comment, and stated that she was not in favor of the language used in the proposed ordinance. Ken Hendrix, 6220 1st Street SW, offered his opinion that the proposed ordinance would not solve the problem that had been presented to the Board, but was supportive of approving it on a pending basis to allow for a complete review of the LDRs. Sandy Hall, 7080 57th Street, commented that she has had a registered nursery on her property for more than 20 years. She questioned the word "Accessory" as it is used in the proposed ordinance. George Bartosch, 6420 37th Street, explained that he is the owner of Treasure Coast Turf and Trees, which is strictly a wholesale nursery located on seven (7) acres. Director Boling confirmed that Mr. Bartosch's business would be grandfathered in. Jodi Velde, 330 53rd Circle, owner of Tropical Property Management, 6300 1st Street SW, provided her opinion that the proposed changes to the draft ordinance offered no protection for established business owners. Peter Robinson, 315 Greytwig Road, stated his concern that all landscape company owners were not notified of the proposed ordinance, and that he felt more time was needed to research the future uses of agricultural land. Indian River County Florida 236we 2 ATTACHMENT 5 Board of County Commissioners Meeting Minutes - Final June 18, 2019 Vice Chairman Adams suggested that the Agriculture Advisory Committee (AAC) should look at the topic and provide feedback and recommendations. She clarified that the AAC's recommendations would go before the Planning and Zoning Board, allowing for public input, prior to returning to a future County Commission meeting, which will also allow for public input. Discussion ensued amongst the Board and the County Attorney regarding the draft ordinance being approved as a pending ordinance while proceeding with the formal LDR amendment adoption process. Brian Stolze, owner of Caribbean Lawn and Landscaping, 7120 37th Street, addressed the Board and responded to some of the comments that had been made. He explained his life-long residency of Vero Beach, his concern for the roads, the consideration towards the neighbors that he demands from his employees, and the time it will take to get his business where he wants it to be. Todd Thompson, 7065 37th Street, spoke regarding the County approving Brian Stolze's building permit application, stamped in May 2018, and his opinion that Mr. Stolze did not comply with what he stated on his application. Mr. Thompson was in favor of the AAC providing feedback on the draft ordinance. Chairman Solari suggested that anyone who had interest in the matter and wanted to stay involved/informed should provide Director Boling in Community Development with their name and email address. A motion was made by Vice Chairman Adams, seconded by Commissioner Flescher, to direct the Agriculture Advisory Committee to look at the proposed draft ordinance, including all agricultural land conflicts and uses, to offer their recommendation, then to present the recommendation to the Planning and Zoning Board for a Public Hearing and their recommendation before returning to the Commission for a Public Hearing and Board approval. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc Indian River County Florida 231ge 3 ATTACHMENT 5 LAND DEVELOPMENT REGULATION (LDR) AMENDMENT APPLICATION. ASSIG ED FILE NUMBER: LDRA- 19-09— 6 3 gG if b o/z,. s x,4285 APPLICANT: (PLEASE PRINT) AGENT: (PLEASE PRINT) 'Cfc.vtiaOr A-4:-IVpfzJx -d- NAME PA/ f/ /- 4 Vg ,x NAME COMPANY NAME COMPANY NAME i 2Zc 2 / 57 ADDRESS ADDRESS • !%EQ0 � Iy�G l216k CITY, STATE, & ZIP CITY, STATE, & ZIP 71Z-6 3— 4 PHONE PHONE Vot. (<E ' 6c/7 3 yrci-1, cor' EMAIL ADDRESS �Ep /-16vti21X CONTACT PERSON EMAIL ADDRESS CONTACT PERSON APPLICANT OR AGENT I. (PROJECT/REQUEST DESCRIPTION) CHAPTER(s)/SECTION(s) OF LAND DEVELOPMENT REGULATIONS PROPOSED FOR AMENDMENT: 5 E6 II, PJ.JRPOSE OF REQUEST: (attached additional sheets if necessary) 5 47 -74e -WC) 1 801 27th Street, Vero Beach FL 32960 F:\Community Development\APPLICATIONS\CurDev applications\2019 Applications\LDR Amendment App.doc 238 Revised Feb 2019 Page 1 of 2 III. JUSTIFICATION FOR REQUEST: (attach additional sheets if necessary) 5EE 6�77gc. 2 The applicant is encouraged to seek a pre -application conference with the Community Development Department staff in order to resolve or avoid problems related with the LDR text amendment proposal. IV. A check or money order made payable to Indian River County, or cash in the amount of $1;500.00 must accompany this application. TT ENT 6 1801 27th Street, Vero Beach FL 32960 239 F:\Community Development\APPLICATIONS\CurDev applications\ 2019 Applications\LDR'Amendment App.doc Revised Feb 2019 Page 2 of 2 III. JUS IIHCATION FOR REQUEST: (attach additional sheets if necessary) The applicant is encouraged to seek a pre -application conference with the Community Development Department staff in order to resolve or avoid problems related with the LDR text amendment proposal. IV. A check or money order made payable to Indian River .County, or cash in the amount of $1,500.00 must accompany this application. 1801 27th Street,. Vero Beach FL 32960 F:\Cotmnunity Develop ment\APPL1CATIONS\Curnev applications \2019 ApplioationslLDR Amendaieat App.doc ATTR LAMENT 240 Revised Feb 2019 Pane 2 of 2 Hendrix proposed LDR amendment ATTACHMENT TO THE LAND DEVELOPMENT REGULATION (LDR) AMMENDMENT APPLICATION SUBMITTED MARCH 15, 2016 BY APPLICANTS: C. Kennon and Pamela H. Hendrix ADDRESS: 62201` Street SW, Vero Beach, Florida PHONE: 772-633-4366 EMAIL ADDRESS: volken6973@gmail.com CONTACT PERSON: Ken Hendrix (PROJECT REQUEST DESCRIPTION) CHAPTER (s)/ SECTION (s) OF LAND DEVELOPMENT REGULATIONS PROPOSED FOR AMENDMENT: CHAPTER 911, Section 911.06 (4) (d) (Uses) which provides as follows: Commercial (cultivation, wholesaling, and off-site landscaping services allowed; no retail sales allowed on-site) I. PURPOSE OF REQUEST: This application seeks to require site plan approval for the uses permitted in the section of the code as described in I. above. Under the current code site plan approval is not required. II. JUSTIFICATION FOR REQUEST: The purpose and intent of 911.06 is stated as follows: "Purpose and intent. The agricultural, rural fringe development, and R5-1, single-family districts, are established to implement the policies of the Indian River County Comprehensive plan for managing land that is not part of the designated urban service area of the county, as well as land within the urban service area which warrants a very low density designation, by providing areas suitable for agriculture, silviculture, and the conservation and management of open space, vegetative cover, natural systems, aquifer recharge areas, wildlife areas and scenic areas. These districts are also intended to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. These districts are further intended to permit activities which require non -urban locations and do not detrimentally impact lands devoted to rural and agricultural activities. Finally, the RFD, and RS -1 districts are intended to buffer active agricultural areas from urbanization." (emphasis added) ATTACHMENT 241 clef( (1 1 7/ dreg The.komatb and scopeefthesfhite of the off-site landscaping services permitted under 911.06 is not described in the current code. When the breadth and scope of the off-site landscaping service becomes Targe enough it subsumes other interests sough to be encouraged to the extent that it defeats the other interests sought to be protected; to wit to provide areas suitable for agriculture, silviculture,. and the conservation and management of open space, vegetative cover, natural systems, aquifer recharge areas, wildlife areas and scenic areas and to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. This occurs when the off-site services require. the use of the site for the management of a substantial number of employees who actually work off-site , the parking of the off-site employee's vehicles, the parking of the trucks and other vehicles used in the off-site service and the use of the site as a maintenance facility for equipment used off-site all of which substantially increase the density of the site and intensity of use beyond what was intended in the code. Allowing the exercise of site plan review would provide the opportunity to provide reasonable input to facilitate the continued use of the property for off-site services while insuring that the other interests set forth in the purposes and intent of section 911.06 are preserved. Examples of elements of use which would be subject reasonable regulation include the: Extent and location impervious surfaces Location and extent of the assembly of large numbers of employees Location and extent of employee parking Location and extent of parking and storage of vehicles and other equipment used to serve off-site customers Reasonable planning for ingress and egress Traffic impact Extent, use and location of buildings erected to maintain and service vehicles and equipment used to serve off-site customers Creation of landscape buffers to protect adjacent agricultural uses and residences. These minimal regulations would in no way prevent the use of the property as intended in 911.06 and would greatly enhance the implementation of the purpose and intent of the section. Respectfully submitted, C. Kennon Hendrix 242 Criteria for Off Site Landscape services April 22, 2016 (?)Off site landscape services (special exception). (a)Districts requiring special exception approval, (pursuant to the provisions of [section] 971.04): A-1 A-2 A-3 CG CH. (b)Additional information requirements: 1. A complete site plan which includes floor plans and elevations for all barns houses or other structures and related improvements shall be provided, as well as the location of structures on adjacent properties; 2. A statement by the applicant on a form acceptable to the planning department identifying all types of services to be performed on and off the site and within all structures and houses including all types of equipment to be used or operated on and off site. 3. A statement by applicant on a form acceptable to the planning department on the number of employees to be assembled on site for the purpose of performing on and off site services and the location on the property where said employees will be marshalled or assembled on site in preparation for leaving and upon returning to the site which shall include the number and types of vehicles to be employed to transport employees to and from the site. Conditions may be imposed to limit the number of employees to that described by the applicant at the time the application is filed. The number of employees may not be increased without further application to the planning department. 4. A statement by applicant on a form acceptable to the planning department on the function of each employee who will perform services on and off site to facilitate off site landscaping services and the locations where such services will be performed. The scope of all functions to be performed by applicant's employees may not be expanded without further application to the planning department. 5. A complete site plan showing all methods and materials of construction of all parking on site as well as all roads, paths or other ways of travel which provide ingress and egress to and from the property and a description of the impact on traffic on the public roads leading to and from the property including the hours of operation during which such impact will occur. (c)Criteria for offsite landscaping services: 1. Indoor facilities shall maintain a fifty (50) foot setback from adjacent properties and five hundred (500) feet from the nearest residence. Outdoor facilities such as vehicle parking and storage and all roads, paths and other ways -of travel • must maintain a minimum of fifty (50) feet separation distance from adjacent properties. Conditions may be imposed to ensure adequate mitigation or attenuation of MENT 243 noise impacts.: Such conditions may include improvements that block or absorb sound, prohibitions or limitations onnoise production, and restrictions on hours of operation; 2. No onsite or offsite landscaping service facilities shall be located on an agriculturally zoned site that abuts a property on which a residence is located, other than a residence on the subject property, on an agriculturally designated property having a parcel size less than two hundred thousand (296,-666) square feet Feit 4,1111' q 3. Offsite and on site landscaping employees and personnel shall be supervised by management staff when on site and while entering and leaving the premises. CJ 244 Roland Deblois Subject: Attachments: FW: Planning and Zoning Commission Meeting, Thursday, January 23, 2020 - Accessory Landscaping Businesses in Agricultural Districts Request for Code Encorcement Investigation and Consideration in Upcoming Planning and Zoning Hearing -January 23, 2020.pdf From: Ken Hendrix [mailto:volken6973@gmail.com] Sent: Monday, January 20, 2020 5:20 PM Subject: RE: Planning and Zoning Commission Meeting, Thursday, January 23, 2020 - Accessory Landscaping Businesses in Agricultural Districts CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Dear Mr. DeBlois, Thank you for supplying the package of documents that you intend to submit the planning and zoning at the upcoming meeting on January 23, 2020. However, I am concerned that the position of those who have appeared in opposition to the approach you recommend as not been presented. The public comments advanced by the residential property owners are not reflected in the minutes of either of the two agricultural committee meetings. It is clear that there continues to be opposition to the application of the ratio approach in determining what constitutes an accessory use. As further explanation I have attached a legal memorandum prepared by Brian Stevens of the Dean Mead law firm which fully explains the legal and factual position of the opposition. While I am gratified that staff chose to utilize some of the recommendations contained in my LDR amendment request, nowhere in the minutes or in your description of my amendment does it include my statement that my LDR amendment was intended solely to address expansion of existing commercial landscaping operations. I have made it clear on more than one occasion at these meetings that it was not designed to be employed as a way to allow new commercial landscaping operations to locate in the Al zoning district. There continues to be a major disconnect between the arbitrary application of the ratio approach and staffs stated goal of allowing commercial landscaping businesses as an accessory use along side preexisting residential agriculture homesites. Perhaps most distressing is the fact that staff has never mentioned section 971.08, Agricultural Businesses which would require a determination as to whether such businesses would more appropriately be located in a commercial or industrial zone. Mr. Stephens' attached legal memorandum specifically address is this point and any appropriate resolution of the current LDR amendment dispute would have to take this issue into account. I trust this email with attachments will be supplied to Planning and Zoning along with the other documents. Respectfully submitted, C Kennon Hendrix 6220 1st Street SW Vero Beach, Florida MMTACRMEt T 6 1 245 DEAN MEAD ATTORNEYS AT LAW Dean Mead 7380 Murrell Road Suite 200 Viera, FL 32940 (321) 259-8900 (321) 254-4479 Fax www,deanmead.com January 16, 2020 Environmental Planning and Code Enforcement Division & Planning Division Indian River County — Building A 1801 27th Street Vero Beach, Florida 32960 Attn: Mr. Roland Deblois, Interim Community Development Director Attorneys and Counselors at Law Orlando Fort Pierce Tallahassee VieratMelboume BRIAN STEPHENS (321) 751-6593 BStephens@deanmead.com Re: Request for Code Enforcement Investigation and Consideration in Upcoming Planning and Zoning Hearing — January 23, 2020 Dear Indian River County Representatives, This law firm represents Ken Hendrix. Mr. Hendrix lives: at 6220 1st St. SW, Vero Beach, Florida 32968 in unincorporated Indian River County - his homestead. He has lived there since 1994. Timothy and Jodi Velde purchased the adjacent property located at 6300 1st St. SW, Vero Beach, Florida 32968, in 2014. The Veldes use the property for commercial purposes. The scope of their business was not fully and fairly disclosed to Mr. Hendrix or the County prior to the Veldes commencing their operations onsite. The operation of their business onsite violates Indian River County's code and amounts to a private nuisance. We have delivered this letter to you today to request that the County commence a code enforcement action to force the Veldes to cease further unlawful activities onsite. In 2014, when they first purchased the property, the Veldes misrepresented their intended use of the site. They consistently represented that the property would be primarily used for a tree farm. The Veldes certified the same in writing in 2015 when submitting a Verification of Exemption Affidavit for Nonresidential Farm Building to Indian River. County. On that form. (which they submitted to assert that they ran a bona fide farming operation to avoid having to pay fees and otherwise comply with the County's building codes), they asserted that the building 02708750.v3 A Member of ALFA International - The Global Legal Network ATTUif rt.fErg66 January 16, 2020 Page 2 that they proposed to erect would support the use of the land — which they asserted was "AG [a] Tropical Tree Farm". We have included a copy of that signed affirmation with this letter. In reality, while the Veldes grow some trees onsite, they primarily use the land to support their offsite lawn, landscaping, and fertilizer business. It was only after they received some permissions from the County to operate as an alleged ag-operation did they move their full operation onsite. We have included pictures (taken from Mr. Hendrix's property) which show thefull scope of the operation. At least ten fully enclosed trailers (in excess of 20 feet) filled with lawn care equipment, over ten heavy duty work trucks, numerous open trailers, and pre- packaged landscape materials litter the site. No person could reasonably argue that the tree farm (especially one of such a small size as operated by the Veldes) requires this amount of largely unrelated equipment (lawn mowers and enclosed trailers do not, for example, offer must support to. a tree farm). The Veldes certainly are not the exception to the rule. That is because the Veldes are not operating a tree farming business; this is a commercial landscaping operation. The noise, odor, dust, and aesthetics of this operation greatly disturbs Mr. Hendrix's ability to enjoy his homestead — enough to constitute a private nuisance. More than that, however, the Velde's operation on this site violates Indian River County's code. The County Code does not permit this operation in the relevant zoning district. Both Mr. Hendrix and the Veldes' properties are zoned A-1. The County designated these agricultural districts, according to County Code Section 911.06, to accommodate "rural fringe development" and land "which warrants a very low density designation ... [for activities which] do not detrimentally impact lands devoted to rural and agricultural activities...." The County did not intend for large scale commercial landscaping businesses to locate in this zone. The County, as evidenced by the provisions of the zoning code, intended for large scale commercial landscaping businesses to locate in the general commercial zone. If, however, the County deemed the Veldes business as something other than a commercial landscaping operation, then, in order to permit it under the A-1 zone, the Veldes' business must fit into one of the designated uses allowed in that zone. Of those, only three could be reasonably said to describe the Veldes' business. Those are a tree farm, a general agricultural business, or a commercial nursery. Of those three allowed businesses, a tree farm, though permitted in the A-1 zone, does not specifically allow for offsite landscaping services. So, if the Veldes (as they have in the past) wish to designate themselves as a tree farm, then they, summarily, are not permitted to conduct offsite landscaping services. Alternatively, agricultural businesses (which could include businesses that relate to plant growth and related commercial operations — perhaps including offsite landscaping businesses) are allowed (by special exception) and only after going through the steps outlines in section 971.08 of the Indian River County Code — requiring some review by the County to confirm that the nature of the business is appropriate for the A-1 zone and acquiring an approved site plan. No records exist to confirm that any such process was followed in this case, however. Therefore, the Veldes cannot rely on that designation, now, to assert their right to operate on the property. Lastly, the Veldes could argue that they are a commercial ATTACliy414T 6 02708750.v3 January 16, 2020 Page 3 nursery which, per the zoning code and the County's interpretation of the same, would allow certain offsite landscaping services as long as those services were "accessory" to the nursery operation. Here again, however, those operations, given their scope, are not accessory. Thus, Veldes' current use of the land violates Indian River County's code. The County's code defines an "Accessory Use" as [A] use which: (a) Is clearly incidental to, customarily found in association with, and serves a principal use; (b) Is subordinate in purpose, area, and extent to the principal use served; and (c) Is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use. Accordingly, "accessory" uses must "serve" and be "subordinate to" the primary use — meaning that the two uses must be connected and one must be in service to the other. In this case, for example, the offsite landscaping services must be geared toward and servient to the nursery — focused on delivering and installing the nursery's stock. Any previous assertion that a use will be deemed "accessory" to the nursery so long as at least 51% of the land is used technically for the growth of trees or plants has no foundation in and does not comply with the plain language of the code. That misapplies and ignores the full definition of the term and is not appropriate. The County must look to the established definition of the term "accessory" and not apply some percentage of land used. Here, despite the County regulations, the Veldes predominantly use the land to carry out their independent and offsite landscaping service. The Veldes' company (Tropical Property Management), the company through which they operate their business, boasts on its website that "Lawn Maintenance, Pest Control, Fertilization, Landscape Design and Landscaping Installation services are the core of our business." Three out of the five services listed, at least, have nothing to do with the nursery operation. Based on the traffic into and out of the site (as evidenced by the above referenced and enclosed pictures), it is clear that the offsite landscaping work actually keeps the business afloat and that the land primarily serves as a logistics center for the operation of that service. It does not appear that any significant connection exists between the nursery's stock and the landscaping services provided. The nursery is accessory to the landscaping service — not the other way around. Therefore, the Veldes have violated Indian River County's code. Florida has always looked kindly upon bona fide farming operations — given, the agricultural sales tax and ad valorem tax exemptions as well as the regulatory insulation. These lucrative benefits tempt many to game the system — to create a guise of an authentic agricultural operation to reap otherwise undeserved monetary savings and legal benefits. Florida's local regulators and property appraisers have grown wise to the ploy, however. They have intensified efforts to ensure that these benefits are appropriately reserved only for bona fide agricultural operations. Historically, regulators hesitated to take any regulatory enforcement action against land users who had at least some semblance of an agricultural operation on their land because of Florida's Right to Farm Act. Florida's Right to Farm Act, codified at Section 823.14, Florida ATTACHMENT § 24 02708750.v3 January 16, 2020 Page 4 Statutes (along with related statutory sections from Chapter 163, collectively, the "FRFA"), was drafted to protect certain of Florida's agricultural operations from frivolous nuisance actions and redundant county and municipal regulation. The FRFA's protections, however, do not extend so far as to totally forbid all regulation and oversight of agricultural activities in the state. Local governments do still have the power to regulate agricultural operations within their boundaries. That regulatory power arises in three main areas. Prior to exploring those areas, however, municipalities should note that the FRFA applies to protect only "bona fide" farming operations. Thus, as a preliminary matter, Iocal governments should determine if the operation they seek to regulate even qualifies as a bona fide farming operation. If it does not, then the government body may freely enforce any regulation it deems appropriate (and otherwise lawful) against such operation. Bona fide farming operations, in the context of the FRFA and in determining agricultural tax designations, have been defined to include only those operations in which the agricultural operation is the "primary ... most significant activity on the land ... [being] real, actual, and of a genuine nature — not a sham ...." Any alleged agricultural operation that is not the primary use of the land or has been undertaken under false pretenses or under some disguised and illegitimate effort to get an otherwise non -qualifying businessllanduse the special benefits that genuine agricultural operations otherwise enjoy does not qualify for the protections of the FRFA. Local governments may freely regulate those sham businesses. Here, as noted above, the Veldes have created an issue not in operating the nursery per se but, rather, in the operation of the independent commercial landscaping business. That business has no significant nexus with the land or the products created by the only arguable agricultural operation on the land — the nursery/plant farm. The Veldes' business is not a bona fide farming operation worthy of protection by the FRFA. Even where an operation is deemed a bona fide farming operation, however, local governments can still regulate those businesses in three key ways. Specifically, a local government is allowed to (i) enforce existing ordinances which predate the effective date of the FRFA, (ii) in certain cases when the farm is in close proximity to an existing homestead, both enforce and adopt newer ordinances which directly restrict operational activities that would be considered excessive or injurious to health and welfare, and (iii) in any event, enforce its existing ordinances and adopt new ordinances which, although they would impact land on which bona fide farm operations are occurring, do not directly impact the operational activity of the actual farm operation. The FRFA's limitation on government regulation is found in subsection (6) of the Act. It states in relevant part: It is the intent of the Legislature to eliminate duplication of regulatory authority over farm operations as expressed in this subsection. Except as otherwise provided for in this section and s. 487.051(2), and notwithstanding any other provision of law, a local government may not adopt any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity of a ArtlipENT 6 02708750.v3 January 1.6, 2020 Page 5 bona fide farm operation on land classified as agricultural land pursuant to s. 193.461, where such activity is regulated through implemented best management practices or interim measures developed by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or water management districts and adopted under chapter 120 as part of a statewide or regional program. Florida Statutes Section 823.14(6) (2019). As for the first exception, the plain language of the statute does not forbid the enforcement of existing ordinances. The ability to enforce these types of ordinances has been confirmed by Florida's case law. The most noteworthy of such cases arises out of Florida's 4th District Court of Appeals. See Wilson v. Palm Beach County, 62 So.3d 1247 (Fla. 4th DCA 2011). This case ultimately holds that while subsection(6)of the FRFA mayprohibit the adoption of new ordinances p o d ances which restrict farming operations, subsection (6) does not. prohibit the enforcement of local ordinances which were in existence prior to June 16, 2000 — which was, at that time, the effective date of FRFA Section (6). Id. at 1250. The court goes on to further hold that even those local ordinances which were adopted after the effective date, may be enforced on a farm operation so long as those ordinances did not interfere or require substantial modification to the farm operation — that is, were unrelated to the farming efforts. Id. at 1251. Regarding the second exception, Florida's case law (specifically, Pasco County v. Tampa Farm Service, Inc., 573 So. 2d 909 (Fla. 2nd DCA1990)) and Florida's Office of the Attorney General (specifically, in AGO 2006-07 — authored by, then Attorney General, Charlie Crist) have each confirmed that local governments can regulate farm operations which are in close proximity to previously existing and adjacent homesteads to prevent the operations from becoming a more excessive operation degrading the character of the community and the welfare of its citizens. In relevant part, then Attorney General Crist stated as follows: If a determination is made that [the farm operation] was adjacent to an existing homestead ... on March 15, 1982, and the [farm operation] has changed to a "more excessive" operation that involves a significant or substantial degradation in the locale, the county may enforce regulations applicable to those changes. Fla. AGO 2006-07 (Fla.A.G.), 2006 WL 584547. As to the third exception, common sense dictates that, just because an actor is carrying out certain farm activities on agricultural lands, the FRFA does not grant the actor a license to do whatever that actor wants on his land. The FRFA is geared toward avoiding duplication of regulation — not eliminating all regulation. While the FRFA's subsection (6) clearly forbids the adoption of new regulations, that restriction is only in reference to the unnecessary duplication of additional restrictions on the same subject matter already covered by the implemented regulations or management practices adopted by FDEP, FDACS, or the applicable water ATTR 02708750.v3 T3 January 16, 2020 Page 6 management district. Local governments are free to regulate non-farm related activities on lands within their boundaries. Florida's Attorney General's Office has, again, confirmed this power. See, AGO 2009-26, dated June 15, 2009. In that opinion, the county attorney for Citrus County inquired whether a county could enforce its regulations related to setbacks, the Florida Building Code, and permitting as to a barn which had been erected on a Citrus County resident's property. The property was zoned agricultural, and a bona fide farm operation was being conducted on the property. The barn contained areas for farm equipment storage, but, importantly, it also contained two bedrooms, a bathroom, and a kitchen — which were being used by the farm operator's family and guests. Citrus County argued that it should be able to regulate construction like that of this particular barn — despite the protection of the FRFA. The Attorney General's opinion agreed and concluded that although the FRFA protected farm operations, "the prohibition against local ordinances that limit or restrict an activity of a bona fide farm operation on land that is classified as agricultural would not preclude application of zoning regulations that do not have such an intent or effect." Id at pg. 4 of 6. The opinion further concluded that a farm operation "would be subject to a zoning compliance permit to the extent such a permitting requirement does not prohibit, restrict, regulate, or otherwise limit an activity of the farm." Id. Thus, it is clear that, despite the protections of the FRFA, local governments do have the power to regulate bona fide and quasi -farm operations. In sum, when evaluating these types of matters, every local government should first malce a determination as to whether the operation even qualifies as a bona fide farming operation — as opposed to a sham or guise operation seeking to inappropriately avail itself of the benefits associated with true ag-operations. If a sham, then the local government may freely regulate the same. Even if the operation is legitimate, however, the local government may still (i) enforce ordinances which predate the effective date of the FRFA, (ii) adopt and enforce new ordinances which regulate nuisance activities when the farm operates next to an existing homestead, and (iii) enforce any regulation that, although it may affect the land on which the farm operates, does not actually infringe on the farm operations and/or are not duplicative of matters already addressed by FDEP, FDACS, or the relevant water management distirct. With respect the Veldes, we request that a code enforcement action be undertaken. From the record, no evidence exists to support the argument that the Veldes' primary use of the land is a bona fide agricultural operation. Therefore, the protective statutes like the FRFA do not tie the County's hands in this matter. Even if the FRFA were applicable, however, the scope of the code enforcement investigation requested should only involve determining whether the offsite landscaping is indeed supporting and inferior to the nursery/tree farm's operation — that is, whether the use is truly accessory and therefore permitted. The questions, issues, and applicable regulations inherent in such investigation do not affect any regulations implemented on nurseries by FDACS, FDEP, or the applicable water management district. Thus, the County's ATTACHMENT 6 25 02708750.v3 January 16, 2020 Page 7 enforcement of its regulations would not be deemed inappropriate — as the enforcement of unnecessarily duplicative regulations. BMS:mm C: Commissioner — District 3, Indian River County, Tim Zorc (via regular mail) Indian River County Attorney (via regular mail) Ken Hendrix (via email) O2708750.v3 INDIAN RIVER COUNTY/CITY OF VERO BEACH BUILDING DIVISION 1801 27th Street. Vero Beach, FL 32960 772266-1260 (No Fee) Verification of Exemption Affidavit for Nonresidential Farm Building Note: This exemption is applicable only for property with Agricultural. Classifications determined or as applied by the Indian River County Property Appraiser. This is to certify that I, 175Hort0 L-. 4 fel moo ;j z L. vtc.c am exempt from the requirements for a:Building Permit under Florida Statutes 553.73(10) (c), Florida Building Code 101.2, Indian River County Ordinance 401.14. The proposed construction, as depicted on the attached site plan is to be a nonresidential farm building on a farm. Property Owners Name: s �ttq k/,irGoE V rt Address of Property: b 300 ) sI S -i z Er &l.J VFAa g i , FL. .968 Mailing Address: F.D. 30,, to $ogg j I/Ego g,F,po-f j rt... 3agb5 Phone Number: G 77.) 5b.,1- I gilt) Email: fire j aci; gbe.11 scum , ne-t. Legal Description: ztior.ao 1'wFits CA & PM, a?SW ?v,aci A tw a 3o.xt rt oA -"ad iiI, LEZ Pa. Foie kAac Parcel #: 33 -y1-17 - btu(? 1- ;Digo - bocba . d Block: Lot: 1,..) Ats MSC a. Specific Directions to Job Site: o,,,i ,• / guu a� 3K,070 *Contractor: DBA: Name: i'6o License Number: Comp Card Number: Address: City/State/Zip Code: Phone: Fax: Cell: Type of Structure: l ,u6cos ,gAt,e..J / t 6P66) Pow 8" t) / i MRD,J(, 1C Of lee Use of Structure: 4 0ttA•t. -r 1-4-4- i" ,s..%- Use of Site: A 4 Zoning District: Future Land Use: Flood Zone: Map #: Setbacks: North Side Proposed: South Side Proposed: East Side Proposed: West Side Proposed: Additional permits may be required from other governmental entities. Sub- Contractor Information: Electrical Contractor:. DBA: License Holders Name: State License Number: Comp Card Number: Plumbing Contractor: DBA: License Holders Name: State License Number: Comp Card Number: Mechanical Contractor: DBA: License Holders Name: State License Number: Comp Card Number: 3 ATTACHME 253 T INDIAN RIVER COUNTY/CITY OF VERO BEACH BUILDING DIVISION 1801 27th Street, Vero Beach, FL 32960 772 266-1260 (No Fee) Roofing Contractor: DBA: License Holders Name: State License Number: Comp Card Number: Gas Contractor: DBA: License Holders Name` State License Number: Comp Card Number: 1 cert that all the foregoing information is accurate and that all work will be conducted and completed in. compliance with all applicable laws regulating construction and zoning. This structure will not be utilized for habitation or as a dwelling. State of -q l . County of ! �. IA Day of who i as iden Sworn to and Subscribed before me, thect— (Type of ISI en tificati S.ignat(re of.'Notary Public Print e *gap a Lary 1. To qualify as an owner/builder, the owner of the property must personally apiVittlal ! ie Building Division and sign this application. (FS §489.103.7) 2. Change of Use or Occupancy may require after the, fact building permits with demonstrated code compliance including, but not limited to, destructive testing and inspections. 3. If requested by the applicant, plan review and inspections will be completed upon approvatofa permit application and payment of required fees creating a permanent record of the construction completed for future use. 4. Construction Industry Licensing Laws, Mechanic's Lien Law, and Insurance .Requirements There are no exemptions from state and county construction industry licensing law, mechanic's lien law, insurance requirements and worker's compensation law. Planning DivisIgn- Approved: Disapproved: 0 Reason:}-.- 1 Reviewed By:a5.sy, Date: 4 Building! vision Approved: Disapproved: ❑ Reason: Reviewed By Date:iff IITTACH ENT 6 ' 254 ,";y • , - = • .:••••;.'-40:.-4,:447. 4-, 7-0-` '7MT 'L r *4' _ • •:-- • .-Jr-1-'*--f'ir"."-'"' t',`-',1'14- ' : ' • el!' t ) .14, ,,tys , - ..44.ke:4, - ..1: • w...Z -'''' . ,. .4'4 , :4— , %. .F -' .4 , . „ ..4 - ...,-.- - . - - .'.: - • '-'' 7. 11;•;-,- , 4-* -14411i • ., 4` 4 A.9f,,reVt r.,1k:kt's -4 6 .-z,..,.-,‘;.,:. t•',--, -:,,,,k- i',,,.,4.4. -,:7-..; ;1 „ Tr •4? -7,,'1:44,'-,,:i "t.,,—r ...4,......4.4 -.4. 4.'7.. -4 ..•.,.0.• . ,i -44N , ..'. rr. • :„ - • 1t /C 4 l ,- — - a OPICAL 562-1800 d ROPICAL .:ay • 1, 7. LAND DEVELOPMENT REGULATION (LDR) AMENDMENT APPLICATION 40/ fi>100f4 — g5;,?/0 ASSIGNED FILE NUMBER: LDRA- 41 •t APPLICANT: (PLEASE PAM) encer lY101)6_C —r-TenCpl.: COMPANY NAME 110 43 +nun. Ave AGENT: (PLEASE PRINT) 14 NAME • COMPANY NAME PRESS env `Bect.ci) 3,4(28 CITY, STATE, & ZIP 71TJ (0 93q.9 PHONE enet+61 p1o4cAniall ,ra.m EMATLApixtEss . 5?-encer St rYN rrIcf.) S CONTACT PERS�N, 1 CONTACT PERS ON ADDRESS CITY, STATE, & ZIP PHONE EMAIL ADDRESS , . SIGNATURE OF APPLICANT OR AGENT 1. (PROJECT/REQUEST DESCRIPTION), CHAPTER(s)/SECTION(s) OF LAND DEVELOPMENT REGULATIONS PROPOSED FOR AMENDMENT: 911,0(0(14. (d 11. PURPOSE OF REQUEST: (attached additional sheets if necessary) 64-6 \1)(-)_, 4corn e Cn q11fO(tkiVd). 4 -he .-CoWouakci uses 42 L' DC -I- +e 1 and5-6111 Ge(viceso --- EF 1801 27th Street, Vero Beach FL 32960 ATTACHMENT 7. FACommunity DevelopmegMPFLIcATIONS Curpev applicalfotts4019 Applicatiods1DR Amendment App. doc Revised Feb 2019 Page 32f82 III. JUSTIFICATION FOR REQUEST; (attach. additional sheets if necessary) -Th_ccAr\ ues+ Vy,ts ex -(N -1/4A\ )2- c -m A -end 14 a C-or..)ec% Ok (e 5 \(\ C --\-S , e a. cfl b•0 k A al h 0 . ,‘ ‘,\F.sse._is *c, a\i- cii 6 'pa Nitt1 --et 1 r share 02prep2,01)-rdix 1 \jg\ \ cAiR\ ') • -G 1- O\ -11v i‘if))*\ \ t ar Cod€S (.),A24.c,-f:.. .- s : ---\--Cag,C. CuMurtr-e P•• or0 :ill'Or ve rov,14-40 Likkciy\,-1 leciotreont The applicant is encouraged to,,.seek a pe -application conference with the Community Development Department staff in order to resolve or avoid problems related with the LDR text amendment proposal. IV. A check or money order made payable to Indian River County, or cash in the amount of $1.500,00 must accPmPaaY this aPplication- MEW 7 ^1801 27' Street, Vero Beach FL 32960 A D'OT teco. Tiff di...• Ittv. PrAriti"et FA, ?do Nire 7259 Sooncer J Simmons - 172-766-9392 9392 Simmons/Campbell proposed LDR amendment August 12, 2015 Land Development Regulation (LDR) Amendment Application; Attachment (1 of 2) 1. Chapter 911, Section 911.06(4) (d) 11. Purpose of Request The purpose of this request is to mike from Section 911.06(4) (d) the following uses: "Of -slto landscaping services allowed" 111. Eliminating from the code the language cited above in 11. realigns section 911.06(4) (d) and makes it consistent' with the purpose and intent that Is expressed in section 911.08 which provides that Al districts "are also intended to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. These districts are further intended to permit activities which require non -urban locations and do not detrimentally impact lands devoted to rural and agricultural activities. Prior to 1997 offsite landscaping services were required to be located only in commercial district. However, in 1997 the county enacted 1997-29 permitting landscaping services in A-1 on conjunction with commercial nurseries. The reason for this change is not known but it is clear that at this point this change has lead to unintended consequences and intentional falsification by non- Ag commercial business integration into A-1 districts that is well known to the planning and zoning divisions. in 2019, it has become readily apparent that offsite landscaping services, as they have evolved and in some cases, misrepresented their primary business use, cannot coexist with the kind of agricultural and residential uses which the original purpose and intent of A-1 district was intended to promote. It is clearly evident that the inclusion of "offsite landscape services "into the A-1 district did not intend to promote "offsite landscape services" that are independent of and are not an "accessory use to an existing commercial nursery". The intent and purpose of Section 911.10. — Commercial districts - of the Title IX LDR's clearly and indisputably provides for " landscape services" as prescribed in 911.10(2) (f) CG: General commercial disbict and (g) CH: Heavy commercial district and Is further and specifically prescribed for In Section 911.10(4) Uses. "Uses in the commercial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of ail structures and buildings except single-family dwellings." WENT 7 260 AGRICULTURE ADVISORY COMMITTEE (AAC) The Indian River County (IRC) Agriculture Advisory Committee (AAC) met at 2:00 p.m. on Wednesday, October 30, 2019, in the County Administration Building, Building B, Room 81- 501, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the agenda and the Minutes on the IRC website — http://www.ircgov.com/Boards/AAC/2019.htm. Present were: Chairperson Robert Adair, Jr., Associated Industry, Sean E. Sexton, Cattle, Anna Kirkland, Associated Industry, Ruben Koch, Irrigation, David Howard, Horticulture, Susan Adams, Commissioner Liaison. Others Present were: Jason Brown, County Administrator; William DeBraal, Deputy County Attorney, Susan Prado, Assistant County Atto.rney,,Roland DeBlois, County Community Development Director, John McCoy, County Chi f (of Current Development, Scott McAdam, County Building Official, Commissioner Peter D. O'Bryan; and Kimberly Moirano, Recording Secretary. Call to Order and Welcome Chairperson Adair called the rneeting to order at200,p.m. He introduced the members of the Advisory Committee. He introduced.himself as Robert Adair. He has been on the Committee he thinks since 2007 and th\Committee h'as beeniinactive for the last five years. He then introduced the members as they went aroundthe tablestarting> with Mr. Sexton. Mr. Sean Sexton introduced himself. He in Indian\RiverCounty and manages Treasure Hammock Ranch. He does notremember how4ong he has been on the Committee but it has been for quite a while. David Howard introduced Himself. He is from Graves Brothers Company in Wabasso and he represents horticulture He has.ben on sthe Committee for six to seven years. Ruben Koch introduced himself. He is the -irrigation appoiritee and he own Irrigation Consultants. He has been'on-the Committee forsiz to seven -years: Anna Kirkland introduced herself. She is new and she is an Associated'Industry appointee>She is the President of the Indian River County Cattle Women for one year`and her family has been in the County since '75 with citrus and cattle. Robert Adair welcomed her to the Committee. Susan Adams introduced herself as Commissioner Liaison. Sheeis County Commissioner for.District 1. Chairperson Adair introduced himself as an Associated Industryaappointee.\He is doing research specifically citrus research. He has been in the County for 32'yearsand his passion is agriculture. Election of Officers The first item before the Board today is the election of officers. Mr. Adair was serving as Vice Chairman. He would open the floor for nominations for Chairman. Mr. William DeBraal introduced himself. He is the Deputy County Attorney and as Mr. Adair has already said, we'll open the floor for nominations of Chairman for the AG Advisory Committee. Mr. DeBraal asked if there were any nominations for Chairman. Chairperson Adams asked if she was able to request the nomination of Robert Adair. There was a Motion made by Ms. Kirkland and seconded by Mr. Sexton for the nomination. 261 Consideration of Off -Site Accessory Landscaping Services Uses in Agricultural Zoning Dist`rictg) Roland DeBlois proceeded with a PowerPoint presentation on the consideration of off-site accessory landscaping services uses in the Agricultural Zoning Districts. Back in April of 2018 the owners of the Caribbean Lawn & Landscaping submitted an Affidavit to construct a non- residential AG building on 37th Street. It's a ten -acre property that's zoned agriculture. The structure is about 8,000 square feet and on the Affidavit it was identified for agriculture equipment storage and agricultural office space. Also in the statement it was described that the overall property use was intended for nursery operation, containing nursery and pesticide storage, pole barn, camp shop, shake house, production bed and recycling pond and office space. At that time, based on the overall property description and the current/ llowance that landscaping can be accessory to an on-site nursery, the County accepted the Affidavit. The owners proceeded to build the building under the AG exemption. Mr. DeBlois,presented an aerial that shows the building on the overall roughly ten acre property. In (December of 2018, the County received a complaint that the building was finished and the owner started Operating the Caribbean Lawn & Landscaping business out of the building without the onsite nursery having been established. Consequently, county staff cited Caribbean for operating the accessory landscape business prior to establishing the onsite agricultural use. The Code Enforcement Board ordered Caribbean to follow through on establishing the principal onsite,tree farm4ursery as it's"been interpreted and applied. The area of the nursery the -tree farm nursery has to.6e greater than thearea of thesite devoted to the offsite landscaping business. After being\citei, Caribbean plant basically the back portion of the property and they met thee'requirement of`having the aerial extent of the nursery larger than the area of the accessory landscape business. Based on that, the Code Enforcement Board closed the case. In the meantime, Mr. Simmons and Mr.. Campbell, who live on 37th who e Case were aware of the Codbrought \before the Co-lintynCommission and expressed their concerns about the business on the property.\This was during -the midst of the Code case when the nursery hadn't been established at that time in March. They expressed concerns of the traffic, the effects on the neighborhood, the'precedent\fo�\similar businesses and agricultural areas and they talked about the Codecase Based on that discussion at the March meeting, the BCC memberssexpr sse ed,concerns that the landscaping business was more of a commercial operation gamingfthe systemto use the property in an AG,,,The potential AG use is out of scale with the whole'sale�urseries m�agriculture.\As a result.of that meeting, the Board directed staff to do research; come back to the County Commission with proposed changes to the land development regulationstoott y to addres'this,potenttal'ou t -of -scale issue. Staff did g \back to the County Commission in June with findings and a draft LDR Amendment, whichwas in the backup for today's meeting. The approach was to more specifically define what constitutes"an allowable landscape services business, accessory to a wholescale nursery of a reasonabl scale. When Mr. DeBlois went to the Board to see if they would consider the draft ordinance amendment, the Board, after discussion and input, decided that it would be appropriate to bring it through this committee for consideration and recommendations and potentially it would go back through a hearing process, through not only this committee but the Planning & Zoning Commission, to come up with an approach to address the issues and the land use conflicts. Since the June meeting, staff has received two LDR Amendment Proposal Applications. The two proposals are for the Committee to consider along with staffs recommendation. For purposes of reference, we're calling one the Hendrix LDR amendment by Mr. Ken Hendrix. He had a recommendation on what would be appropriate for a regulation amendment. The second proposal is referred to as the Simmons/Campbell Amendment, based on the applicants Mr. Simmons and Mr. Campbell. As such, there are three different regulation 262 amendment proposals which Mr. DeBlois is going to briefly go over, as described in the backup documents. As Mr. Adair had referenced, there are three areas of the County where it tends to be more of an issue where we're starting to have the conflicts, in particular, are the agricultural areas, one unit to five acres. Essentially it's more particularly a concern at the rural fringe areas next to where we have most of the residential development also an issue out in the larger acre AG area. When you look at the use conflicts again Mr. Adair kind of touched upon. You run into a mix of uses. You have the agricultural uses. The bona fide agricultural uses you have residential uses. Essentially the estate residences, business uses and those areas all tend to particularly come together in those areas that were circled on the map. You need to factor in the estate preemptions, the Agritourism, the non-residential farm building. �really just adds all to the mix in trying to address this issue. There is a reference to thef oluntaItry use of the Affidavit, which we have talked about. Essentially right now what the County Code'says is if you're in the agricultural zoning district, any one of the three zoning districts, it\allows commercial nurseries its permitted use stating that wholesale and off site landscaping'services are allwed. No retail sales allowed on site. Staff has always interpreted the curre�ntfCode such that any'offsite landscaping has to be accessory to the principal use of the wholesale nursery use and that led particularly the example case we've been talking about as far as the landscaping useestablished without the nursery. If you have a nursery or a tree -farm, if it's customanly,associated with it that you're going to have some landscaping service to take that product and use it off site to plant trees, etc. There's a question that's been raised saying 'if ts'lawn,care, whats lawn mowing got to do with principal AG use and that's one of the things that we're`II'talking about�t also has to be subordinate in an area extent and this is where the interpretation is if its accessory use among other things it can't be occupying an area bigger, than thetp'rincipal use and it has toy, be located on the same site as the principal use/This-is staffs interpr'etation under the current Code and essentially was applied through the code case we referenced\. The.nursery has,to be established before you can have an accessory use`\thhat m jin'use. The\scre has to be such that it's less from the main use. Other than that though currently -and this is one of the things that staff is recommending in its draft revision s there is`no quantitative standard\right now in the Code other than what Mr. DeBlo ss'just.mentioned on it as\far as aenal-extent. \So, under the staff proposal it's just to tighten that out and come up with more quantitative standards. The staff has researched existing nurseries in the County, site size, access building and other parking,areas not just the one that s -been the main point of discussion, but overall. There are actually quite a�few of these in the County not just the one or two and looked at the various aspects of accessory"annature of the landscaping. Mr. DeBlois showed 7 examples of tree farms/nursery type businesses in AG where they have some component of offsite landscaping. Mr. DeBlois went briefly through the slides to give the audience a visual spatial aerial shot of these types of businesses. From the standpoint of existing and potential regulations, one of the things staff looked at was how our other counties are addressing this issue. They looked at Brevard, Martin, Osceola, St. Lucie as well as Indian River and we found out they all allow wholesale landscaping services in agriculture districts as a permitted use with no specific criteria. Indian River County has an accessory use versus a principal use. Staff also looked at Palm Beach County, which is currently dealing with this issue, and they've established specific criteria that gets them to the requiring that it be accessory to nursery, have certain minimum acreage and landscape buffering. The staff report that was included in the Committer packet included information presented to the BCC back 263 in June. Staff will be looking at revising the definition of offsite accessory landscaping to provide essentially more conditions or requirements within the definition that would have to be met. Under this approach, in order for the use to be allowed, you wouldn't necessarily need a permit but you would have to meet these various requirements and provide certain things and setbacks and buffers beyond what is already in the Code. Regarding the staff proposed ordinance that was presented back in June to the Commission, again we're just making it clear that any allowable landscape services would have to be clearly accessory to a principal bona fide agricultural use. It would define landscaping services as installation, mowing and trimming and maintenance services for a broad range of landscape materials. It would preclude pest control services. The draft would include further regulations to small-scale businesses. There are a lot of small -scaled one or two person landscape service businesses that operate\out of a home and this whole section would not get into that. It would still be potentially allowed as a home occupation permit provided it was an appropriate scale and met certain requirements that we have under a separate section of the Code. The proposed ordinance specifies that\the nursery must be established before you have the offsite accessory use which was one'of the main issues we dealt with on the Caribbean. For it to be allowed you would have to have 400,00�0.square feet (just over 9 acres) of land or larger for any new operation to be established. Once you,get,below roughly 10 acres, it's more of an issue when you get into the 5 acre tracts. It is more of`an,issue and the County would not allow that going forward. The other thing in staffs proposed ordinance, not currently required, is that there would be more specificity as to certain requirements such'as 50 foot setback of all improvements, parking as well as buildings. Limits to the landscaping services would be specified as to ratio of aerial coverage; you have to have a greater area of onsit nursery then the area devoted to the landscaping services. You would have to provide visual screening and buffer from adjacent properties and streets"Iso which is currently staffs interpretation, accessory landscaping operations cannot have,onsitelburning, mulching or'dumping coming from offsite onto the property. That's essentially the summary of what was presented to the Commission under the staffs ordinance. Mceligilois touched upon the -two other proposals that the County has received since then. He presented,Mr.Hendrix's LDR Amendment proposal. Mr. Hendrix's proposal is to make off-site landscaping services and'agricultural whatis called a "special exception" use. What that means is.,that a special exception use is a type of use is you would have to go through a public hearing process to get approv I 'from the Planning & Zoning Commission and the Board of County Commissioners, with notice to the surrounding property owners when these hearings would be coming up. It makes it a lot more\of a public input process for review of compatibility. Under a special exception law�the useallowance is not necessarily a given. The BCC would make the ultimate decision. Underthis proposal, not only would you have to go through the public hearing process, but you would have to,neet certain criteria Mr. Hendrix is proposing: that facilities be 50 feet from property lines and.500 feet from the nearest residence on adjacent property; that outdoor improvements, parking and driveways be at least 50 feet from property lines; and that conditions might be imposed for noise impact mitigation. Some of these criteria overlap what staff has been recommending. No landscaping services on properties less than 400,000 square feet. He is also proposing that there be supervision of landscaping personnel when they're on site coming and going from the property. The third amendment that the staff is looking at that was submitted by Mr. Simmons and Mr. Campbell is they take a more direct approach and they're essentially proposing to eliminate the allowance of offsite accessory landscaping services in agricultural zoning districts. The basic premise is that the landscaping services use is essentially a commercial business, not an 264 agricultural business, and they expressed that they're concerned that it's essentially gaming the system or exploiting agricultural exemption, avoiding commercial property taxes, building codes, fees, concurrency and other requirements and laws that applies to other commercial businesses. Essentially, they see the landscaping service as a non -AG commercial business. They're recommending moving forward by just eliminating the possibility of accessory landscaping services in AG. Mr. DeBlois advised that, when looking at these alternative amendments, it's important to note that existing landscaping services that were legally established at the time they were established are considered grandfathered, so any amendment that this Committee supports or that the County Commission ultimately adopts is going to apply to new businesses only. Pre- existing legally established uses are called "non -conformities" or "legal non -conformities." The County Code has regulations that pertain to grandfathered uses, with certain restrictions. Such uses cannot not be increased or expanded under the non-confoities requirements. The other provision in our Code is if a non -conforming business�discontinrmues,for more than a year, it would be a premise for discontinuing or eliminating the non-conformity>'Another thing to consider that's important is if the County takes the path of essentially eliminating ause that was once allowed, or changing the use classifications such that‘it'sca special exception, the\County could run into issues of private property rights protection under state law. The Burt Harris Act provides that if a land use regulation change adversely affects real property value without\compensation to a landowner, the landowner may ha fing Landing to�take\legal.action against the County. That's the summary, and staff is recommending that the Committe�consider the presented alternatives and have a discussion on it. �� \ An extensive question and answer discussion ensued with Members of the ACC and the audience. Mr. Adair voiced\that when we lo\\? at what's before -us, we talked about gaming the system, that we need to, be fair tooth'e taxpayers, and we need to be fair to existing commercial landscaping businesses that\a:e inside -the urban service area that complied with building codes, paid their taxes paid for water retention,,paid,for impact fees, paid for all the costs that any other commercial,devveelopment,pays: Then all of -a sudden we're outside the urban service area and guess<what, we don't have a buiildingcode. Sheds and other structures not subject to the building code were mostly blown `down during hurricanes in his AG neighborhood, and he had pieces of sheet metat\on,his property flying around at 100 mph. At some point we all have to build strong enough so that\we don't have\structures falling apart at 90 mph blowing into another building that's built to Code. These are\concerns. Fairness to the taxpayer, fairness to the other businesses that are`n place and gaming the system. He feels we need an LDR and he feels that it needs to be finally crafted tune and done so in that it doesn't interfere with agriculture as we know it. Mr. Sexton indicated that he doesn't want anyone to feel that he gives the impression that he has no regard for landscape nurseries because he considers that agriculture in every sense of the word. When the Committee was reviewing issues when hurricanes Frances and Jean came through, there was a FEMA meeting at the college down in Ft. Pierce that Ken Pruitt moderated, and there was a showing of hands and it surprised him that 80 percent of the people in that room were nursery and landscape and nursery people. Commissioner Adams indicated that it was best if we had some type of motion for staff even if it's just to direct them to bring back more information. Mr. Adair asked for a motion to approve those recommendations to the Planning Department via Mr. DeBlois. 265 Mr. DeBlois summarized what he understands the direction to be: for staff to do some more research and revise its draft ordinance in consideration of the particular issues brought up. Specifically, the 50 foot setback or the driveway issue, the pesticide use issue and the distinction between what would be incidental to a bona fide nursery versus more of a pesticide business. Also to look at the 50 percent threshold ratio on the scale and the concerns of that as not being appropriate, and to look at the potential or opportunity for administrative approval versus just the permitted use subject to criteria under the definition. So to bring that back for this Committee to review at a future meeting. ON MOTION BY Mr. Howard, seconded by -Mr. Sexton, the Council unanimously (4-0) approved the direction of staff. Mr. DeBlois reminded the Committee that, procedurally; Mr. Simmons, Mr. Campbell and Mr. Hendrix submitted formal applications for LDR amendments sas we move forward, those alternatives are all going to be on the table the whole' Way through to•the'County Commission. All that's being referred to here is revising staffs version of the LDR amendment recommendation. Next Meeting Date CsN'''''' The next Agricultural AdvisoryComMittee Council meeting will be held on Wednesday, December 11, 2019 at 2:00 p.m. Adjournment There being no further ub s`n ss, the meeting,adlourned at approximately 4:35 p.m. • 266 AGRICULTURE ADVISORY COMMITTEE (AAC) The Indian River County (IRC) Agriculture Advisory Committee (AAC) met at 2:00 p.m. on Wednesday, December 11, 2019, in the County Administration Building, Building B, Room B1-501, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the agenda and the Minutes on the IRC website — http://www.ircgov.com/Boards/AAC/2019.htm. Present were: Chairperson Robert Adair, Jr., Associated Industry, Sean E. Sexton, Cattle, Anna Kirkland, Associated Industry, Ruben Koch, Irrigation, David Howard, Horticulture, Susan Adams, Commissioner Liaison. Others Present were: Jason Brown, County Administrator; William DeBraal, Deputy County Attorney, Susan Prado, Assistant County Attor-ney,'Roland DeBlois, County Community Development Director, John McCoy, County Chief of,Current\Development, Scott McAdam, County Building Official and Kimberly Moirano, Recording Secretary. Call to Order Chairperson Adair called themeeting to orderat 2:00 p.m. He indicated that all of the members were present except for Ruben Koch: Approval of the Minutes o October 30, 2019 ON MOTION BY Mr. Sexton,` seconded by Ms. Kirkland, the Council unanim '" "'! October__ __._ Minutes. Additions and Deletions,to`the Agenda \\ Chairperson Adair called for agenda item additions or deletions. Chairperson Adair indicated he had an addition under Other Business that he would like to have another meeting scheduled. 2 Mr. Ruben Kochlpe r d at 2:05 p.m. Consideration of Alternative Ordinance Amendment — Off -Site Accessory Landscaping) Services Uses in Agricultural Zoning Districts) Roland DeBlois, County Community Development Director, presented an overview of requirements on off-site agricultural accessory landscaping services and agriculture. As a refresher, at the last meeting three distinct alternatives were discussed to address the issue of landscaping services in agriculture districts. There was -the proposed amendment that staff had drafted and presented to the County Commission back on June 18, 2019, which essentially clarified and defined off-site accessory landscaping services. The definition proposed under that draft amendment included criteria with requirements and limitations on landscaping services in 267 agriculture districts. In addition to staffs proposal, two alternative proposals were independently submitted by citizens. One of those was the Hendricks LDR Amendment, which proposes to make off-site accessory landscaping services a "special exception" use in agricultural zoning districts. Under the County Code, "special exception" land use approvals are subject to public hearings. Such a land use proposal would have to go to both the Planning & Zoning Commission and County Commission for approval. There would be notice to surrounding property owners if such a proposal came in and it would be subject to specific criteria that Mr. Hendricks proposed. The third alternative under consideration, as discussed at the last meeting, was the Simmons/Campbell Amendment, which would prohibit off-site accessory landscaping services in agriculture zoning districts, under the premise that such uses are commercial and not appropriate in agriculture districts. As a result of that discussion and at the end of that meeting, the Committee's Motion and direction to Staff was to look at revising the staff proposed amendment to address certain issues that were raised at the last meeting. In summary, there were four particular issues for staff to looked into. One was whether or not a 50 foot setback for driveways was appropriate given that there were flag -lot configurations in agriculture, which would make it difficult to meet the 50 foot setback for a driveway under such lot configurations. The other direction was to look at distinguishing between pesticide applications that would be clearly incidental to a bona fide nursery use versus more of a standalone pesticide business. The third point was to look at the ratio of aerial coverage when comparing an accessory use to the principal use and come up with a better ratio. Finally, the Committee directed staff to review whether or not an off-site accessory landscape services should be a "permitted" use, not subject to site plan approval, or another classification, which would require site plan approval. Based on direction from the Committee to review those four issues, staff has drafted a revised alternate draft amendment. From Staffs perspective, staff's revised alternative amendment represents a fourth alternative to the previous three alternatives discussed at the last meeting. Staffs alternative proposed amendment would make off-site accessory landscaping services an "administrative permit" use, which would make it subject to the site plan review process. It also would include specific criteria that would have to be met. Under the alternative draft, the parking area, driveway, and building area associated with the landscaping services portion would have to be at least 50 feet from all property lines. The other change would be to limit the area devoted to the accessory landscaping services to 50 percent of the cultivated area of the nursery, which is a change from what it is under the current ordinance. Right now, the area of planted nursery has to be bigger than the area devoted to the off-site landscape portion. Under this proposal, the landscaping services area could not exceed 50 percent of the planted area. Another proposed requirement is screening of outdoor parking areas from all adjacent property lines with a six-foot opaque feature, which could be a fence, planted vegetation or combination. A fourth criteria would be a prohibition on burning, mulching or dumping of off-site material brought onto the site. Such material stockpiling would not be allowed other than debris generated from the site itself. The alternative amendment is currently structured to be a staff - approved site plan review (not subject to Planning and Zoning Commission approval). Under administrative permits, there are two options regarding site plan approvals. One option is for the site plan approval to be subject to staff review only; the other option is for site plan proposals to be subject to Planning and Zoning Commission approval. Under this draft, it would be a staff approval (only) as currently written. 268 Regarding a 50 -foot setback of driveways from property lines, staff's position is that such a setback should be required. That is because of the potential nuisance to adjacent property owners of off-site landscaping business vehicles coming and going from the property on a daily basis, which the setback would help mitigate. Staff has included language in the proposed definition of off-site accessory landscaping where it references that such a use would not include standalone pesticide control services. This would also specify that off-site accessory landscaping services would not include standalone lawn mowing services. The intent is to clarify that the use must be accessory to a bona fide on-site agriculture use, which would still be subject to administrative permit approval process. Accessory uses, by definition, have to be subordinate in size to the area of the principal use. Staff has proposed to make it so that the total area would be no more than 50 percent of the cultivated area, which would reduce it essentially to half of what it could be. under the current code. Staff is bringing this back to the Committee to look at the four alternatives. Those include staff's initial draft amendment; staff proposed alternative amendment, which addresses the Committee's directives; the Hendrix proposal, which would make off-site accessory landscaping services "special exception" uses subject to public hearings; and the Simmons/Campbell amendment, which would essentially eliminate the use in the agriculture zoning districts. Once the Committee makes a decision on its recommendation, the next step will be for staff to schedule the matter for a Planning & Zoning Commission hearing for that Commission to weigh in, and then bring it forward to the County Commission at a hearing for a final determination. The AAC members, Staff and audience then entered into a lengthy discussion regarding off-site agricultural accessory landscaping services and agriculture. Chairperson Adair followed up with the following suggestions to the Committee Members; (1) we can adopt Staff recommendations as is or with the suggestions that have been brought forward; (2) we can eliminate lawn cutting completely as an accessory; or (3) leave it the way it is and send it back to the County Commission. Commissioner Adams made the suggestion that whatever the Committee decides to do, that the Committee make some motion of approval, disapproval with amendments, whatever you want to do to whatever is being presented today, and then send that back to the Planning & Zoning so we can continue this process. The AAC members and Staff then entered into a lengthy discussion regarding the lawn mowing language. Mr. Howard made a Motion and was seconded by Mr. Sexton to change the language to include no lawn mowing. After a lengthy discussion, Mr. Howard withdrew the Motion. After further discussion the Motion was restated. ON MOTION BY Mr. Howard, seconded by Mr. Sexton, the Motion fails (2-4) to change the language of Section 1, Page 1, on Attachment 4. 269 Chairperson Adair indicated that the comments that he has suggested is that we add the administrative approval to the full extent of an administrative permit (i.e., make it subject to Planning and Zoning Commission approval). That we take the language of Number 2 on Page 2, the total parking/drive/building area and transfer that to Number 3 and change the language on Number 3 to include total parking drive and building area. ON MOTION BY Mr. Howard, seconded by Mr. Sexton, unanimously (6-0) approved to change the language on Number 3 to include total parking drive and building area. Chairperson Adair asked for a motion on administrative approval that it fall into a traditional sense of administrative approval, which is including the scrutiny of P&Z. It would come under the consent agenda. They wouldreview what Staff has done, possibly talk to the Applicant. If there are any questions, they take care of it. Assuring that something doesn't get through that shouldn't get through and making sure that the Applicant is compliant with the intent. The AAC members and Staff then enteredinto a lengthy discussion regarding administrative approval. ON MOTION BY Mr. Sexton, seconded by Ms. Kirkland, unanimously (6-0) approved recommending applying the administrative permit site plan review process, subject to Planning & Zoning Commission approval. Update of Verification of Exemption Affidavit for. Nonresidential Farm Building Agriculture Roland DeBlois, County Community Development Director, presented an overview on the verification of Exemption Affidavit for Nonresidential Farm Building Agriculture. At the last meeting there was some discussion that the County had an elective or voluntary Exemption Affidavit for nonresidential farm building. As explained at the last meeting, it's not required but it is something that the County encourages when someone comes in and asks if their proposed building is AG exempt. It is something that can be filled out that staff would verify that it meets the exemption. It is kept on record so that if a question comes up, staff has that information. Since the last meeting, staff has revised those forms and made some footnotes on the Affidavit that it is elective and voluntary. The AAC members and staff then entered into a discussion regarding verification of Exemption Affidavit. Other Business Chairperson Adair recommended that the Committee next meet, as per the Agriculture Advisory Committee's previously determined regular meeting schedule, on the 4th Thursday of January; which would be January 23', 2020. The topic for that meeting is to look at ramifications of the changing landscape in these different AG areas. 270 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, January 23, 2020 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on, the Indian River County website www.ircgov.com/Boards/PZC/2019. Present were members: Chairperson Todd Brognano, Member -at -Large; Vice Chairperson Dr. Jonathan Day, District 4 Appointee; Ms. Beth Mitchell, District 1 Appointee; Mr. Chip Landers, District 3 Appointee; and Mr. Jordan Stewart, Member -at -Large. Mr. Alan Polackwich Sr., District 2 Appointee, and Ms. Teri Barenborg, non- voting School Board Liaison; were absent. Also, present were IRC staff: Mr. Bill DeBraal, Deputy County Attorney; Mr. Roland DeBlois, Interim Community Development Director; Mr. John McCoy, Chief of Current Development; Mr. Ryan Sweeney, Senior Planner of Current Development; and Ms. Lisa Carlson, Recording Secretary. Call to Order and Pledge of Allegiance Chairperson Todd Brognano called the meeting to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Election of Chairman and Vice Chairman Deputy County Attorney Mr. Bill DeBraal introduced District 1 representative, Ms. Beth Mitchell to the board and proceeded to explain that a Chairperson and Vice Chairperson are elected at the first meeting of every year. He opened the floor for nominations. ON MOTION BY Dr. Jonathan Day, SECONDED BY Mr. Jordan Stewart, to re-elect Mr. Todd Brognano as Chairperson. ON MOTION BY Mr. Chip Landers to elect -Dr. Jonathan Day as Chairperson. There was no second to this -motion. Members voted unanimously (5-0) to re-elect Mr. Todd Brognano as Chairperson. 271 ON MOTION BY Mr. Chip Landers, SECONDED BY Mr. Todd Brognano to re-elect Dr. Jonathan Day as Vice Chairperson. ON MOTION BY Mr. Todd Brognano, SECONDED BY Dr. Jonathan Day to elect Mr. Chip Landers as Vice Chairperson. Members voted (4-1) to re-elect Dr. Jonathan Day as Chairperson. Mr. Todd Brognano was the opposing vote. Additions and Deletions to the Agenda There were none Approval of Minutes ON MOTION BY Mr. Jordan Stewart, SECONDED BY Mr. Chip Landers, the members voted unanimously (5-0) to approve the minutes of the December 12, 2019 meeting as presented. Public Hearings Chairperson Todd Brognano read the following into the record: A. Consideration of Alternative Land Development Regulation (LDR) Amendment Proposals to Define, Regulate and Establish Criteria for Off - Site Accessory Landscaping Services in Agricultural Zoning Districts [Legislative] Chairperson Mr. Todd Brognano asked the Commissioners to reveal any ex - parte communication or conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex -parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. Roland DeBlois, Interim Community Development Director, reviewed the proposed LDR amendment that is detailed in the PZC Agenda Packet and recommended by the Agriculture Advisory Committee (AAC). He gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) office and recommended that the Commissioners recommend that the BCC adopt staffs proposed alternative LDR amendment, 272 requiring that off-site accessory landscaping services in agricultural zoning districts be subject to specified criteria and be subject to PZC approval as an administrative permit use (as recommended by the AAC). He proceeded to answer questions from the Commissioners regarding the proposed amendment. Chairperson Mr. Todd Brognano opened the public hearing. Mr. Ken Hendrix, who lives adjacent to Tropical Property Management, reviewed details of his LDR Amendment Application which was intended to address expansion of existing legally grandfathered commercial landscaping operations. He voiced his opposition to offsite accessory landscaping services operating in agriculture zoned districts. Mr. Spencer Simmons, neighbor to Caribbean Lawn and Landscaping, reviewed details of his LDR Amendment Application that seeks to strike "offsite landscaping services" from section 911.06(4)(d). He expressed his disapproval of lawn maintenance businesses being allowed to operate in agricultural zoned districts rather than heavy commercial or industrial zones that he felt are more compatible. Deputy County Attorney Mr. Bill DeBraal and Chairperson Mr. Todd Brognano urged speakers to focus their attention on the proposed ordinance amendment and the information submitted in LDR amendment applications rather than code enforcement proceedings. Mr. Tim Campbell, neighbor to Caribbean Lawn and Landscaping, discussed further details of the LDR Amendment Application that he and his co - applicant, Mr. Spencer Simmons submitted that eliminates landscaping businesses operating in agricultural zones as accessory to tree farms. Ms. Jodi Velde, co-owner of Tropical Property Management, contended that most neighboring homeowners had no complaints about her business and that she and her husband do make their living off of the nursery with the property management company being an accessory to the business. She voiced her support of staffs proposed ordinance amendment with the exception of landscape debris not being allowed on the premises. She asserted that landscape debris is recognized by the state of Florida as an "agricultural product". The secretary administered the testimonial oath Ms. Kelly Stolze who wished -to -speak at tonight's meeting on this matter. Ms. Kelly Stolze, co-owner of Caribbean Lawn and Landscaping, clarified that she and her husband did their due diligence with the county before they 273 purchased the subject property and that when they were made aware that the tree farm was supposed to exist before the landscaping business moved in, they immediately came into compliance and were never assessed a fine from code enforcement. She pointed out that some of the previous testimony was inaccurate and concluded that she and her husband take pride in their business while being respectful to their neighbors. Several disruptions from members of the audience prompted Deputy County Attorney Mr. Bill DeBraal to ask them to be respectful. Chairperson Mr. Todd Brognano called a five-minute recess at 8:25 p.m. Mr. John Terry, neighbor to Caribbean Lawn and Landscaping, discussed his concerns about the road quality and number of vehicles on the road due to the business. Mr. Bill DeBraal pointed out that there are no traffic restrictions on agricultural property. Mr. Terry also noted his concerns about his home's depreciation due to the neighboring business. Mr. Brian Quant, neighbor to Caribbean Lawn and Landscaping, communicated his frustrations that landscape business grandfathering in agriculture zoning districts may occur despite ongoing discussions with the county, concluding that he didn't feel that a business such as this should be allowed in a agricultural zoned district. Ms. Brian Stolze, co-owner of Caribbean Lawn and Landscaping, pointed out his good intentions regarding the tree farm and that he wants to be a good neighbor. He asked for clarification regarding the grandfathering part of the ordinance as his family's livelihood depends on it. Ms. Amy Simmons, neighbor to Caribbean Lawn and Landscaping, stated her objection to the proposed ordinance amendment that she felt does not reflect any negotiations that have been occurring between homeowners and the county. Deputy County Attorney Mr. Bill DeBraal and Chairperson Mr. Todd Brognano urged speakers to focus their comments on the proposed ordinance amendment. Ms. Marilyn Crossford Ingram, neighbor to Caribbean Lawn and Landscaping, stated that her family has owned their parcel since 1915 and that she wants -to -be sure that there will be no additional commercial businesses on -the road following the amended ordinance. 274 Mr. Kenneth Peterson, neighbor to Caribbean Lawn and Landscaping and owner of Peterson Groves, stated that he doesn't want to see more commercial businesses on that road. Chairperson Mr. Todd Brognano closed the public hearing and the commissioners discussed the review process and Florida's Right to Farm Act. Commissioner Landers motioned to approve staffs recommendation. Deputy County Attorney DeBraal asked for clarification as to whether that included the criteria set forth on page 2 of staffs report, as modified by criteria listed on page 4 of the report, which Mr. Landers confirmed. ON MOTION BY Mr. Chip Landers, SECONDED BY Ms. Beth Mitchell, the members voted unanimously (5-0) to approve staff's proposed LDR amendment, requiring that the off-site accessory landscaping services in agricultural districts be subject to criteria specified in the alternative amendment, and be subject to PZC approval as an Administrative Permit use, as recommended by the AAC. Commissioner's Matters There were none. Planning Matters Mr. Roland DeBlois stated that effective January 31, 2020, former Metropolitan Planning Organization (MPO) director Mr. Phil Matson will become the new Community Development Director at which time he would become the Planning Director until his retirement in June 2020. He went on to say that the next scheduled meeting on February 13, 2020 will likely occur. Attorney's Matters There were none. Adjournment -T-here being no further business, the meeting adjourned at 9:04 p.m. 275 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); AMENDING SECTION 901.03 OF CHAPTER 901, DEFINITIONS, BY ESTABLISHING A .DEFINITION FOR OFF-SITE ACCESSORY LANDSCAPING SERVICES; AMENDING SECTION 911.06(4), AGRICULTURAL AND RURAL DISTRICT USES, OF CHAPTER 911, ZONING; AMENDING SECTION 971.08, AGRICULTURAL USES, OF CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BY CREATING SPECIFIC CRITERIA FOR OFF-SITE ACCESSORY LANDSCAPING SERVICES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03 by establishing a definition for "Off-site accessory landscaping services" to read as follows: Off-site accessory landscaping services installation and maintenance services (not including stand-alone lawn mowing or stand-alone pest control services) involving landscaping material such as grass, ground covers, shrubs, vines, hedges, trees, and palms accessory to a legally established wholesale nursery. This definition does not include services authorized and conducted in compliance with a valid home occupation permit issued by the County. Any non- conformity created by this definition for a landscaping services facility established prior to June 18, 2019 shall be considered a legal non -conformity, grandfathered -in and governed by Chapter 904 regulations for non -conformities. SECTION #2: Amend the "Agricultural Uses" portion of the use table from LDR Section 911.06(4), to read as follows: 276 District Uses A-1 A-2 A-3 RFD RS -1 Agricultural General farming P P P - - Dairy farming A A A - - Livestock and poultry raising P P P - - Stables (noncommercial) P P P A A Stable (commercial) P P P - - Sludge spreading A A A - - Tree farms P P P - - 276 Kennel and animal boarding places Commercial A A A - - Noncommercial P P P P A Fruit and vegetable juice extractions and packing houses A A A - - Small animal specialty farms A A A - - Tenant dwelling S S S - - Residential migrant housing facility S S S Nursery and greenhouses Noncommercial P P P A A Commercial (cultivation, wholesaling and o ffc te'a..a. ,...ping serviccs allowed; no retail sales allowed on-site) P P P - Off-site accessory landscaping services* A A A - - Agricultural businesses, excluding wholesaling and processing S S S - - Agricultural industries S S S - - Fish farms and water dependent plant and/or animal production A A A - - Agricultural research facilities A A A - - Aquaculture A A A A A Fruit spreading (subject to subsection 917.06(15)) P P P - - *See definition of "off-site accessory landscaping services" in Chapter 901 Editor's note: all other portions of the LDR Section 911.06(4) use table to remain as is, unamended. SECTION #3: Amend LDR Section 971.08, Agricultural uses, by adding new Subsection 971.08(17), to read as follows: Section 971.08. Agricultural uses. (17) Off-site accessory landscaping services (administrative permit subject to planning and zoning commission approval). (a) Districts requiring administrative permit approval, (pursuant to the provisions of section 971.04): A-1 A-2 A-3. (b) Criteria for off-site accessory landscaping services: 1. The services must be accessory to a legally established wholesale nursery on agriculturally zoned property at least 400,000 square feet in size; 2. The total parking/driveway/building area associated with the landscaping services use must be set back at least fifty (50) feet from all property lines and limited to less than fifty (50) percent of the nursery site area under cultivation; 277 3. The total parking/driveway/building area associated with the landscaping services use must be visually screened from adjacent properties and streets by means of a 6 foot opaque feature (such as a fence; wall, berm, preserved or plant vegetation, or combination thereof); 4 Burning of material brought in from off-site, stockpiling of organic material, or dumping of debris brought in from off-site is not allowed on the wholesale nursery/landscaping services site. SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be` unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of this Ordinance may be re -numbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2020, for a public hearing to be held on the day of _ , 2020, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc Commissioner Peter D. O'Bryan 278 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2020. BY: Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy. Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phil Matson, AICP; Community Development Director 279 03/03/2020 Item 10.A.2. CONSIDERATION OF ALTERNATIVE LDR AMENDMENT PROPOSALS: OFF-SITE ACCESSORY LANDSCAPING SERVICES IN AGRICULTURAL ZONING DISTRICTS BOARD OF COUNTY COMMISSIONERS MARCH 3, 2020 Background ► MARCH 5, 2019: SPENCER SIMMONS AND TIM CAMPBELL HEARD BY BCC UNDER PUBLIC DISCUSSION REGARDING AN OFF-SITE LANDSCAPING SERVICES BUSINESS (CARIBBEAN LAWN AND LANDSCAPING) ESTABLISHED ON 37TH STREET IN THE A-1 AGRICULTURE ZONING DISTRICT ► CONCERNS EXPRESSED ABOUT TRAFFIC, EFFECTS ON NEIGHBORHOOD, PRECEDENT FOR SIMILAR BUSINESSES IN AGRICULTURAL AREAS, SCALE OF USE/STRUCTURE ► CODE ENFORCEMENT CASE DISCUSSED (ACCESSORY LANDSCAPING SERVICES BUSINESS ESTABLISHED PRIOR TO PRINCIPAL WHOLESALE NURSERY USE) i'. 03/03/2020 Item 10.A.2. Caribbean Lawn & Landscape 7120 37th St (9.9 acres) Background ► AT THE MARCH 5, 2019 MEETING, BCC MEMBERS EXPRESSED CONCERNS ABOUT LANDSCAPING SERVICES BUSINESSES "GAMING THE SYSTEM" ► POTENTIAL FOR "ACCESSORY" BUSINESSES OUT OF SCALE WITH WHOLESALE NURSERIES IN AGRICULTURAL AREAS ► RESULT: BCC DIRECTED STAFF TO RESEARCH POSSIBLE LDR MODIFICATIONS TO BALANCE AGRICULTURE AND BUSINESS IN AGRICULTURAL AREAS 27q- 2 03/03/2020 Item 10.A.2. Background ► JUNE 18, 2019: STAFF REPORTED BACK TO BCC WITH RESEARCH FINDINGS AND DRAFT PROPOSED LDR AMENDMENT TO MORE SPECIFICALLY DEFINE WHAT CONSTITUTES AN ALLOWABLE LANDSCAPING SERVICES BUSINESS ACCESSORY TO A WHOLESALE NURSERY IN AGRICULTURAL AREAS ► AFTER DISCUSSION AND INPUT, BCC VOTED TO DIRECT THE AGRICULTURE ADVISORY COMMITTEE (AAC) TO REVIEW THE MATTER AND PROVIDE RECOMMENDATIONS CONCERNING THE DRAFT ORDINANCE AND (GENERALLY) AGRICULTURAL LAND USE CONFLICTS ► ALTERNATIVE LDR AMENDMENTS ALSO PROPOSED: "HENDRIX AMENDMENT" AND "SIMMONS/CAMPBELL AMENDMENT" 211 3 2030 Indian River County Future Land Use Map Ad6ptedOc10tra12,2010RevlfedOc106er13.2019 =t25 3,5 5 7.5 10 • .� L• 1 Mu 1120 1 ! p f I 6 6 a 3 2 1...............'16 7 t 0 10 71' 12 if 1T 10 15 N 17 11 20 21 71 23 is - i 17 23 y . • 7 1� 24 11 • t17 .tf , tl • 4�a9 "T 4 . /1 .6 Y' k 7 13 II 24 1011.t�Z 4 { . t D -I 30 20 tt 27 25 26 1 32 33 3. 36 3t _moi t. a F r a" w 51: -. j xe 33 � xi ... 35 3E' 31 •. 2+ �,It 17t Y 17 1::: 3 f 1' /0 n 13 .0 7 f 11 1x :t,10 ,'! 17 If 16 la t7tiit zo ren n r+ 30 P xt ;74\7444 a 3. i1 t5 /7 70 zo r n to 23 2e 13'16 µv 2* _ zs .t 15 46.= . C•. 20 ► �'i{. 31 33 Zt 365115...... 1j tN..3 5 t.3i'�::3.' 1- y1 UI 33 35 . 4 \.• Q:.• — ` 5 4J_.3 ;J �3 •31 �,�.75�11-_ - .y i1 RNG -f ' 11 r` 35E (L�� re.„ ... m.7—... 7 0 t 10 11 12 7 1f 17 13 15 N 13 /1 1 /T 0 10 16 /6 11 11 l _ 7 f3 It . - i N. 3 {i ) 'tZ k � � '\t . .. i 4 en.,.. 0- ...... 6 if 30 7t n 13 21 30 m 23 27 n 5 ii 30 20 29 21!'i7 26 n n 26 223{ If 251.30 21 �y �•i i5.1 ji • 44 '� '70 20 - 'S , . "'25'. A ,.. �.e...a, IMI'' �.:n O .. ., 31 32 33 N K 3fEXCI 37 ®�' 3x ti 4t1. '37. 3:i 1 _ syv f" &r Ob_�x16 - 33 ` 3 18*,... c. U- c... RNG35E RNG37E I IN 38E 030E I RNG40E 211 3 03/03/2020 Item 10.A.2. AAC Discussion Items ► LAND USE CONFLICTS IN AGRICULTURAL AREAS: INEVITABLE WITH ECLECTIC MIX OF AGRICULTURAL, RESIDENTIAL, BUSINESS USES IN LOW DENSITY `RURAL" AND REMOTE AREAS ► STATE PREEMPTIONS FOR AGRICULTURE AND RELATED USES (SUCH AS "AGRITOURISM") IN PLACE AND STRENGTHENED/EXPANDED SINCE 2011. THERE ARE CONSTRAINTS ON LOCAL REGULATIONS, INCLUDING PRE-EMPTION OF SITE PLAN AND BUILDING PERMIT REVIEW ► CURRENTLY, STAFF USES A VOLUNTARY IRC VERIFICATION FORM TO PROVIDE SOME LEVEL OF CONFIRMATION AND RECORD FOR AGRICULTURAL PROPERTY OWNERS MAKING USE OF A STATE PRE-EMPTION :.•:• Current LDR Requirement ► A-1, A-2, A-3 DISTRICTS ALLOW COMMERCIAL NURSERIES AS PERMITTED USE, STATING: "WHOLESALING AND OFF-SITE LANDSCAPING SERVICES ALLOWED; NO RETAIL SALES ALLOWED ON SITE" ................ . ................... . ►.''STAFF HAS INTERPRETED THE OFF-SITE LANDSCAPING SERVICES COMPONENT AS :.NECESSARILY.ACCESSORY TO THE WHOLESALE NURSERY USE ........................................................... . ► "ACCESSORY USE"FACTORS: • CLEARLY INCIDENTAL, CUSTOMARILY ASSOCIATED, SERVES PRINCIPAL USE ..................:... ......... ............... • SUBORDINATE IN PURPOSE, AREA, EXTENT TO PRINCIPAL USE • ' LOCATED ON SAME SITE AS PRINCIPAL USE 21-4 03/03/2020 Item 10.A.2. ► STAFF'S INTERPRETATION: NURSERY MUST BE ESTABLISHED, SCALE OF LANDSCAPING SERVICES SITE AREA MUST BE LESS THAN NURSERY SITE AREA ................ ................ ................. CURRENTLY NO QUANTITATIVE STANDARDS IN THE CODE . STAFF:: RESEARCHED EXISTING NURSERY/LANDSCAPING SERVICES USES IN THEA 1 DISTRICT AND' ANALYZED LOCATION, SITE, ACREAGE, ACCESS, BUILDING'AND. PARKING AREA, CULTIVATION AREA, SITE AREA RATIOS AND OTHER FACTORS• ►/ARIO'US ASPECTS OF THE `ACCESSORY" NATURE OF A LANDSCAPING SERVICES .................................................... ............................................... BUSINESS COULD BE CLARIFIED WITH QUANTITATIVE INFORMATION EXISTING AND POTENTIAL REGULATIONS ► BREVARD, MARTIN, OSCEOLA, ST. LUCIE, INDIAN RIVER COUNTIES ALLOW WHOLESALE LANDSCAPING SERVICES IN AGRICULTURAL DISTRICTS AS A PERMITTED ................................... . ..................................... . USE (NO SPECIFIC CRITERIA); IRC AS ACCESSORY USE ................ ................. ► PALM BEACH COUNTY APPLIES SOME SPECIFIC CRITERIA (ACCESSORY TO NURSERY, MINIMUM ACREAGE, LANDSCAPE BUFFER IN MANY INSTANCES) 03/03/2020 Item 10.A.2. JUNE 18, 2019 BCC STAFF REPORT DESCRIBES JUSTIFICATION FOR HAVING QUANTITATIVE STANDARDS FOR DEFINING AN ALLOWABLE ACCESSORY LANDSCAPING SERVICES BUSINESS IN AN AGRICULTURAL AREA ► AAC REVIEWED ALTERNATIVE PROPOSALS AT MEETINGS ON OCTOBER 30, 2019 AND DECEMBER 1 1 , 2019, INCLUDING STAFF'S DRAFT (1ST ALTERNATIVE";..:.. ORDINANCE PRESENTED TO THE .BCC ON JUNE 18, 2019 AAC DOTED: TO RECOMMEND A STAFF ALTERNATE ("2ND ALTERNATIVE:) LDR .: AMENDMENT, MAKING OFF-SITE ACCESSORY LANDSCAPING SERVICES IN AGRICULTURAL DISTRICTS AN "ADMINISTRATIVE PERMIT" USE, SUBJECT TO SITE PLAN REVIEW ''''AND‘ „...,,APPROVAL APPROVAL (I.E., NOT STAFF -LEVEL APPROVAL) 211-6 03/03/2020 Item 10.A.2. STAFF ALTERNATE ("2ND ALTERNATIVE") DRAFT ORDINANCE ► CLARIFIES THAT ALLOWABLE OFF -SITE -LANDSCAPING SERVICES IN AG MUST BE ACCESSORY TO A LEGALLY ESTABLISHED WHOLESALE NURSERY, NOT INCLUDING. STAND-ALONE LAWN MOWING OR STAND-ALONE PEST-CONTROL:SERVICES ► ;:EXCLUDES FROM FURTHER REGULATION SMALL-SCALE BUSINESSES CONDUCTED' UNDERA HOME OCCUPATION PERMIT SITE MUST BE 400,000 SQ. FT. (9.183 ACRES) OR LARGER ..................................... ................................. ............................ ........................ .......................... . ..................... .................. .................. . STAFF ALTERNATE ("2ND ALTERNATIVE") DRAFT ORDINANCE ► SPECIFIES 50 FT. SETBACK FROM PROPERTY LINES FOR LANDSCAPING SERVICES. PARKING/DRIVEWAY/BUILDING AREA ► . LIMITS LANDSCAPING SERVICES SITE AREA TO 50% OF NURSERY SITE AREA SPECIFIES; VISUAL SCREENING OF PARKING AREA/DRIVEWAY/BUILDING AREA FROM ADJACENT PROP:ERTIES:AND STREETS ...:.............................................................. . ...... ........................... .... . ............................................... . ► SPECIFIESiPROHIBITION ON BURNING, STOCKPILING OF ORGANIC MATERIAL, OR DUMPING OF DEBRIS BROUGHT IN FROM OFF-SITE ONTO THE NURSERY/LANDSCAPING SERVICES::: SITE 219- 7 03/03/2020 Item 10.A.2. HENDRIX PROPOSED LDR AMENDMENT UTDOOR IMPROVEMENTS (PARKING, DRIVEWAYS) 50' FROM PROPERTY:LINES......................' .► NOISE IMPACT MITIGATION CONDITIONS MAY BE IMPOSED ► NO LANDSCAPING SERVICES FACILITIES ON PROPERTY LESS THAN 400,000 SQ. FT. (9.18 AC.) " IF ADJACENTTO PROPERTY.WITH A RESIDENCE ► LANDSCAPING EMPLOYEES AND PERSONNEL SHALL BE SUPERVISED BY MANAGEMENT WHEN ON-SITE AND'ENTERING AND LEAVING PROPERTY SIMMONS/CAMPBELL PROPOSED LDR AMENDMENT ELIMINATE THE ALLOWANCE OF OFF-SITE ACCESSORY LANDSCAPING USES IN AGRICULTURAL ZONING DISTRICTS ►REASON: COMMERCIAL BUSINESS (NOT AGRICULTURE), EXPLOITING;:AGRICULT:URE:: ;EXEMP;TION,, AVOIDING COMMERCIAL PROPERTY TAX, BUILDING CODES; IMPACT FEES, TRAFFIC --CONCURRENCY AND OTHER LAWS AND REQUIREMENTS APPLICABLE TO OTHER COMMERCIAL BUSINESSES SE INCOMPATIBLE,: WITH RURAL AND AGRICULTURAL ACTIVITIES, DOES NOT QUIRE NON -URBAN LOCATION, MORE APPROPRIATE IN COMMERCIAL ZONING 211- 8 03/03/2020 Item 10.A.2. SUMMARY OF ALTERNATIVE LDR AMENDMENT PROPOSALS ► STAFF "1ST ALTERNATIVE" LDR AMENDMENT (PRESENTED TO BCC ON 6/18/2019): FURTHER DEFINE OFF-SITE LANDSCAPING SERVICES AND ALLOW THE USE, SUBJECT TO CRITERIA (E.G., BUFFERING, MINIMUM PARCEL SIZE, SETBACKS); USES MEETING DEFINITION AND CRITERIA NOT SUBJECT TO PERMIT APPROVAL ► STAFF ":2ND ALTERNATIVE" LDR AMENDMENT (RECOMMENDED BY THE AAC) DEFINE USE AND ESTABLISH CRITERIA (SIMILAR TO "STAFF 1ST ALTERNATIVE") BUT REQUIRE ADMINISTRATIVE PERMIT SITE PLAN REVIEW AND PZC APPROVAL ► HENDRIX PROPOSED LDR AMENDMENT: MAKE OFF-SITE LANDSCAPING SERVICES IN AGRICULTURAL DISTRICTS A "SPECIAL EXCEPTION" USE, SUBJECT TO SPECIFIC CRITERIA AND PUBLIC HEARINGS BEFORE THE PZC AND BCC, WITH NOTICE TO SURROUNDING PROPERTY OWNERS • SIMMONS/CAMPBELL PROPOSED LDR AMENDMENT: ELIMINATE THE ALLOWANCE OF OFF-SITE ACCESSORY LANDSCAPING SERVICES IN AGRICULTURAL ZONING DISTRICTS (RE: A COMMERCIAL USE, NOT AN AGRICULTURAL USE, MORE APPROPRIATE IN COMMERCIAL DISTRICTS) PLANNING AND ZONING COMMISSION RECOMMENDATION ► THE PLANNING AND ZONING COMMISSION, AT A PUBLIC HEARING ON JANUARY 23, 2020, VOTED 5 TO 0 TO RECOMMEND THAT THE BCC ADOPT STAFF'S PROPOSED ALTERNATE ("2NP ALTERNATIVE") LDR AMENDMENT, REQUIRING THAT OFF-SITE ACCESSORY LANDSCAPING SERVICES IN AGRICULTURAL ZONING DISTRICTS BY, SUBJECT TO CERTAIN CRITERIA (AS SPECIFIED) AND BE SUBJECT TO PZC APPROVAL AS AN ADMINISTRATIVE PERMIT USE, AS RECOMMENDED BY THE> AAC. 03/03/2020 Item 10.A.2. GRANDFATHERING OF EXISTING LEGAL LANDSCAPING SERVICES ► ANY LDR AMENDMENT WOULD APPLY TO FUTURE ESTABLISHMENT OF LANDSCAPING SERVICES; EXISTING LANDSCAPING SERVICES USES LEGALLY ESTABLISHED WOULD BE GRANDFATHERED (REGULATED UNDER LDR CHAPTER 904) ►UN DER LDR CHAPTER 904: INCREASE<OR'EXPANSION OF NONCONFORMITIES NOT ALLOWED ► NONCONFORMING USE MAY BE TERMINATED IF DISCONTINUED FOR MORE THAN ONE YEAR ► CHANGE IN CURRENT USE ALLOWANCE (OR USE CLASSIFICATION) THAT AFFECTS REAL PROPERTY VALUE WITHOUT COMPENSATION MAY CONFLICT WITH PRIVATE PROPERTY RIGHTS PROTECTION UNDER STATE LAW (BERT HARRIS ACT) RECOMMENDATION STAFF RECOMMENDS THAT THE BCC ADOPT STAFF'S PROPOSED ALTERNATE ( `2ND ALTERNATIVE") LDR AMENDMENT, REQUIRING THAT OFF-SITE ACCESSORY LANDSCAPING. SERVICES IN AGRICULTURAL ZONING DISTRICTS BE SUBJECT TO CRITERIA;(AS SPECIFIED), AND BE SUBJECT TO PZC APPROVAL AS AN ADMINISTRATIVE PERMIT USE (AS RECOMMEND BY THE PZC AND AAC) 03/03/2020 Item 10.A.2. 219 ' 11 j 03/03/2020 Item 10.A.2. Tropical Property Mgt. (Velde) 6300 1st St SW (19.4 acres) Caribbean Lawn & Landscape 7120 37th St (9.9 acres) { 216 = 12 03/03/2020 Item 10.A.2. 0 -' 01122/2019_• 02/08/2019 Peterson's Grove & Nursery 3375 66th Av (13.7 acres) 219' 13 03/03/2020 Item 10.A.2. Oslo Oaks Landscape Inc;. 4325 17th St SW !(8.8 acres) ` .. 0112212019 02108/2019 ANCO Land LLC (f.k.a 6050 8th St (9.5 acres) 01122/2019 02/0812019. 21'14 03/03/2020 Item 10.A.2. Jordan Sprinkler Systems, Inc. 6350 91" St SW (9.7 acres) Treasure Coast Turf & Trees 6420 371" St (6.9 acres) 01/2212019 - 0210812019 Z161•15 03/03/2020 Item 10.A.2. Premier Landscape Solutions 6574 33rd St. (6.4: acres) J & D Property Mgt. & Landscaping 6800 17th St SW (16.3 acres) 03/03/2020 ° Item 10.A.2. Chestnut (Ornamental Nursery) 6900 65th St (10 acres) Creative Landscaping & Lawn Maintenance 7020 57th St (15 acres) 0112212019 -02/0812019 r 03/03/2020 Item 10.A.2. . . . ....... WW-Sod'&•:Egoipmerit co.. 7398 61s1 Sf • ............. „„:::::„::,:„:•:,:• . .... ....... . ......... : . . . . ...... • :.:.:: ...... : ......... . . . ...... ...... 011221201W,02/08/2019,, Hardwood Tree Farm -• LLC ... •11:11.11j..1[10,1111 ... .. ................. • 10.4751381h.I.Ar!(4,8 acres) .. .......... ....... .•.. ......... . ...... .. .. . . .............. . 03/03/2020 Item 10.A.2. 0112212019 :0210872019 Indian River Landscapes LLC 211 19 03/03/2020 Item 10.A.2. 2 20 03/03/2020 10.A.2. R. D. Carter 1877-1956 'YAN IDEAL SUB DI VISIONfFOp•A FORTY ACRE.TRAtT IN INDIAN RIVEII AFAR MS'AT VHpO FLOPIOA '�{""T�a""`*7`+^;p • .1-.�eea�. �. ....:u..� ,_..,....: ::. ..,_.ss. J,.� .en_..-..„ .c•a..�.L�n,� . �i�'� i r ,- ,� t ..� _ t ..7'-:n.."'a�i.�v�#S '- �a� � �.J Courtesy of: Smith Collection, Archive center, Indian River County Main Library rii'Z1 03/03/2020 10.A.2. Thfs 6.,..b-divtclon or: taty-.cat (.rm and home arraaga- R1 2 46 4 ment comprising attractiveness and horticultural beautifica- tion with a variety,of crops for profit. -Dividing the tract that, the center' with a roadway town eithcc.ide of which are fields: five. acres for Pasture. five acres for Hog and Farage Crops. five acres for Corn. Sugar Cane or Grain. five acres for Pota- toes. flit acres'tor Minta Truck Cropasuch as Tomatoes. Egg- _ lane. Peppers. Bean. Strawberries. et.: the balance for Citrus Fruits. such as Omits.. Grapefruit. Tangerines. Avocado Fears. Mangoes. Pineapples. ate.' together with Farm Buildings. Barrie. end Corrals. Chicken Houxs and Runs and not (orgett- lag the'Nome Garden -,fa Table Delicacies end Flowers. A "pioportbnately 'Weer acreage .-could be divided Into larger fields. INDIAN RIVER FARMS COMPANY Developing Indian Diver firms & The Tore of Vero, Fla. - Northern OM. ..Southern Office DAVENPORT, IOWA. VERO. FLORIDA. INFORMATION FREE.. LEaDD PL ACE STAMP HERE DOMESTIC ONE CENT FOREIGN TWO CENTS THIS SPACE FOR,A0ORCSS ONLY. Courtesy of: Smith Collection, Archive center, Indian River County Main Library This sub -division ant forty -acre farm and home arrange- ment comprising attractiveness and horticultural beautifica- tion With a variety, of crops for profit. Dividing the uact thru the center witha roadway from either side of which are fields: five acres for Pasture. five acres for Hog and Forage Crops,. =- -five acres .for Corn.. Sugar Cane or Grain. five acres for Pota- toes. "five -acres for Winter Truck Crops such as Tomatoes. Egg- plant; Peppers, Beans. Strawberries. etc; the balance for Citrus Fruits. such as (ranges. -Grapefruit. Tangerines. Avocado Pears. Mangoes„Pineapples. etc. together with Farm Buildings. Barns. and Corrals, Chicken Houses and Runs and not forgett- ing the Home. Garden for Table Delicacies and Flowers. A proportionately larger acreage could be divided into larger fields. INDIAN RIVER FARMS COMPANY - Developing Indian River Farms & The Town of Vero, Fla.. Courtesy of: Smith Collection, Archive center, Indian River County Main Library 03/03/2020 10.A.2. Indian River County Code of Ordinances, Section 911.06, Agricultural and rural districts (1) Purpose and intent. The agricultural, rural fringe development, and RS -1, single-family districts, are established to implement the policies of the Indian River County Comprehensive plan for managing land that is not part of the designated urban service area of the county, as well as land within the urban service area which warrants a very low density designation, providing areas suitable for agriculture, _ silviculture, and the conservation and management of open space, vegetative cover, 'natural systems, aquifer recharge areas, wildlife areas and scenic areas. These districts fare also intended to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. These districts are further intended to permit activities which require non -urban locations and do not detrimentally impact - lands devoted to rural and agricultural activities. Finally, the RFD, and RS -1 districts are Intended to buffer active agricultural areas from urbanization' (2) Districts established. The following districts are established to implement the provisions of this chapter. (part) A-1, A-2, and A-3 agricultural districts. 03/03/2020 10.A.2. LI® iledennttoaoji/ "`•rw.a.n,,.. & u:vWna..aO',rmnaa .m.+w ., m mww Rar a.m a .tM emw vo.c a auw.e. b..a vs�wr�p.+.�+.+w.e.rr.w..�+iaax,>.aroa Nnraww .rw.t„wia:.aOn.di .andbe •.r Ar .:...m�wem.. ur.+tara ..oe�vare p. • r/.... .. _.n..Ke.x,an.0:ar . vu�a+=•.w..n.r e.,...oaerr,,. ry.pm.ro. ta.da�i...^E•e.1m,ivirtehm•r MM.^]•R..�^' er .rrreerdmwa..bl.a'.lrM .A.pl.Jwe wYn-r A..{�..Oellr R..wMp.rRsv+I+. v.�pm..a "...Our Lawn Maintenance, Pest Control, Fertilization, Landscape Design and Landscaping Installation services are the core of our business...." 03/03/2020 10.A.2. Indian River County Code of Ordinances, Section 971.08, Agricultural Uses (1) Agricultural businesses (excluding wholesaling and processing) (special exception)! (a) Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3 (b) Additional information requirements: it. A site plan meeting all of the requirements of Chapter 914; 2. A statement describing the nature of the business and the rationale for its location within an agricultural district) (c) Criteria for agricultural business: 1. Agricultural businesses may be allowed to locate within the A-1, A-2, or A-3 districts only upon a finding! by the reviewing body that such businesses are directly related to or provide services for active agricultural operations and that such uses would not be more appropriately located in a commercial ori industrial zoning district; 2. Agricultural businesses shall include but not be limited to: rAgricu ltu ra I business offices; and sales of agricultural equipment, .products and supplies, such as grove maintenance services or livestock facilities; 3. Agricultural businesses shall not be interpreted to permit wholesaling or processing operations; 4. The business must be located in an area designated either as AG or R on the comprehensive land use map. Indian River County Code of Ordinances, Section 901.3, Definitions Accessory use a use which: a) Is clearly incidental to, customarily found in association with, and serves a principal use; (b) Is subordinate in purpose, area, and extent to the principal use served; and (c) Is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use. Agricultural lands those lands in any [bona fide agricultural use. Agriculture use activities listed as "permitted agricultural uses" in accordance with Chapter 911, Zoning. Agricultural operation land use and associated activities relating to;bonr a fide agricultural production, including but not limited to farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, whereby said land use is the principal use of a property and said property is classified as agricultural land for purposes of ad valorem tax assessment. Retail trade�the sale of consumer goods, commodities, and services to ultimate consumers. 21115 03/03/2020 10.A.2. Retail Off -Site Commercial Landscaping Service 2-1'-26 13)2-0 Treasure Coast Newspapers C fl ' 2 PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest 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 Joumal, ,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 continuouslypublished 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. 02/16/2020 Subscribed and sworn to before on February 16, 2020: li .1.Y\. Uv\ t.Qi Notary, State of WI, County of Brown TARA MONDLOCH I Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $160.74 Ad No: 0004034849 Customer' No: 1310785 PO #: # of Affidavits1 211-2-1 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida shall 'hold a public hearing at which parties in in- terest and citizens shall have an opportunity to be heard, in the ' County Commission Chambers of the County Ad- ministration Building dministrationBuilding located at 1801 27th Street, Vero Beach, Florida, on Tuesday, March 3, 2020 at 9:00 A.M. to consider recommending adop- tion of a proposed ordinance, entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); AMENDING SECTION 901.03 OF CHAPTER 901, DEFINI- TIONS, 8Y ESTABLISHING A DEFINITION FOR OFF-SITE AC- CESSORY -LANDSCAPING SERV- ICES; -AMENDING SECTION 911.06(4), , AGRICULTURAL AND RURAL DISTRICT USES, OF,. CHAPTER ,_•911, ZONING; AMENDING SECTION 971.08,, AGRICULTURAL USES, OF CHAPTER '.971, REGULATIONS FOR. SPECIFIC LAND USES, BY CREATING SPECIFIC CRITERIA FOR OFF-SITE ACCESSORY LANDSCAPING SERVICES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. Said ordinance, if adopted, would 'establish specific crite- ria for off-site accessory land- scaping services businesses in agricultural zoning districts in unincorporated Indian River County. At the hearin4, the Board of County Commission- ers will consider alternative proposals regarding the regu- lation of such services in agri- cultural zoning districts. A draft ofthe proposed ordi- nance is available at the Plan- ning Division office located in the Community Development Department on the first floor of the County Administration Complex 'Building "A". Any- one who may wish to appeal any decision, which may be made at this meeting, will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. Please direct planning -related questions to the Planning 'Di- rector at 226-1237. ANYONE WHO 'NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING 'MUST CON- TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT (AOA) COORDINATOR AT 226- 1223 ;(TDD 4772-770-5215) AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS BY -s- Susan Adams, Chairman Pub:... Feb 16, 2020, TCN4034849 211 /d 4 3 Indian River County, Florida Department of Utility Services Board Memorandum Date: February 18, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: Public Hearing for the Citrus Hideaway Subdivision Water Assessment. Project, Resolution III Background On February 4, 2020, the Indian River County Board of County Commissioners (BCC) approved the adoption of Resolution I (2020-011) and Resolution II (2020-012) for certain benefitting property abutting 75th Court as well as certain properties within Citrus Hideaway Subdivision, which lies within unincorporated Indian River County. Analysis Citrus Hideaway Subdivision has 10 residential lots and Tract A for a total of 11 properties, per Plat Book 10 Page 26. Lot 1 is already connected to the County potable water system via the existing water main along CR - 510. Although the parcel situated at the northwest corner of the subdivision is not within Citrus Hideaway Subdivision, that parcel is considered a benefitting property. Therefore, the total number of parcels in the assessment area is 11. Since the adoption of Resolutions I and II, staff mailed out letters to the eleven (11) benefitting parcels notifying them of the preliminary assessment roll and the subject public hearing. The proposed project consists of a 6 -inch water main, which will connect to the existing 16 -inch main located along CR -510. The total project cost is estimated at $78,116.72, which includes construction, surveying, engineering, administration and inspection. Therefore, an equal per parcel cost of $7,101.52 will be levied against all 11 benefitting parcels. The design is now complete, and a Florida Department of Environmental Protection (FDEP) permit and an IRC right-of-way permit have been secured. The BCC, in its capacity to oversee the assessment process, shall meet as the equalizing board to hear and consider any and all support for, or complaints against, theproposed special assessments, and it shall adjust and equalize the special assessments on the basis of justice and right according to Chapter 206 (Special Assessments) of the Indian River County. The Certificate of Dedication within the plat of Citrus Hideaway Subdivision (Attachment 4) states that all streets and easements are dedicated for the use of public utilities, cablevision and the property owners in the subdivision with the full knowledge that the same are not dedicated to the public until there is a formal acceptance of these streets, and/or easements, or any part thereof by the County. Therefore, as part of the 280 subject item, a Resolution has been prepared for the County to formally accept an easement over, across and under the 60 -foot private road known as 75th Court for the sole purpose of public utilities, but not to accept the street as a public street or for maintenance of the street. Funding Funds for this project are derived from the Assessment Fund. Assessment Fund revenues are generated from assessment fees paid by the benefitting property owners. DESCRIPTION ACCOUNT NUMBER AMOUNT Citrus Hideaway Subdivision Water Assessment 473-169000-19502 $ 78,116.72 Recommendation Open the public hearing and, after receiving input, consider adopting Resolution No. 111 with any revisions based on that public input, as well as accepting an easement for utility purposes. List of attachments 1. Confirming Resolution (Resolution No. III) 2. Exhibit A: Assessment Roll 3. Assessment Area Map 4. Resolution, formally accepting an easement for utility purposes only 281 Public Hearing (Third Resolution) RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION FROM CR -510 ALONG 75TH COURT TO OWNERS OF CERTAIN PROPERTIES, WITHIN CITRUS HIDEAWAY SUBDIVISION AND PROPERTY ABUTTING 75TH COURT, LOCATED WITHIN UNINCORPORATED, INDIAN RIVER COUNTY, FLORIDA; AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE . OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County ("Board") has, by Resolution No. 2020-011 adopted on February 4, 2020, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") from CR -510 along 75th court to owners of certain properties, within Citrus Hideaway Subdivision and property abutting 75th court, located within unincorporated, Indian River County, Florida ("the Assessment Area"); and WHEREAS, Resolution No. 2020-011 described the method of assessing the cost of the Assessment Project against the specially benefited properties in the Assessment Area and how the special assessments imposed on the specially benefited properties in the Assessment Area are to be paid; and WHEREAS, Resolution No. 2020-011 was published in the Indian River Press Journal on February 12, 2020, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2020-012, adopted by the Board on February 4, 2020, set a time and place for a public hearing at which the owners of the specially benefited properties in the Assessment Area to be assessed for the Assessment Project and other interested persons would have the chance to be heard as to the propriety and advisability of making the improvements, if not already made, the cost thereof, the manner of payment therefor and the amount to be assessed against each property, and for the Board to act as required by Section 206.07,. Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Indian River Press Journal on February 11, 2020 and on February 18, 2020 (at least twice, one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices on February 5, 2020 (at least ten days prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the Board, on Tuesday, March 3, 2020, at 9:05 a.m. (or as soon thereafter as the public hearing was heard) conducted the public hearing with regard to the special assessments; 282 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments imposed for the Assessment Project against the specially benefited properties in the Assessment Area shown on the assessment roll attached hereto as Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and shall remain legal, valid, and binding first liens upon and against the specially benefited properties shown on attached Exhibit "A" until paid in full. The special assessments for the Assessment Project shall constitute a lien against the specially assessed property in the Assessment Area equal in rank and dignity with the liens of all state, county, district or municipal taxes, and other non -ad valorem assessments. Except as otherwise provided by law, such special assessment lien shall be superior in dignity to all other liens, titles and claims, until paid. The special assessment lien shall be deemed perfected upon adoption by the Board of this Resolution and recordation of this Resolution in the Official Records of the County maintained by the Clerk of Indian River County. Such recordation shall constitute prima facie evidence of the validity of the special assessments imposed for the Assessment Project in the Assessment Area. 3. The special assessment imposed per parcel is in the amount of $7,101.52, and shall be due and payable and may be paid in full without interest within. 90 days after the date of the passage of the as -built resolution by the Board. The as -built resolution occurs after completion of the improvements. If not paid in full within the 90 -day period from the passage of the as -built resolution, then the special assessment may be paid in ten equal yearly installments of principal plus interest; said interest rate to be determined by the Board when the improvements are completed. 4. The Board hereby finds and determines that the special assessments imposed in accordance with this Resolution and Resolution Nos. 2020-011 and 2020-012 provide an equitable method of funding the construction of the Assessment Project based upon the current uses, sizes, zoning and development potential of the parcels which are equally benefited by the provision of water, and thus the allocation of the assessment will be equal per parcel as described in Resolution No. 2020-011. The Board hereby finds and determines that the properties assessed by this Resolution will receive special benefits equal to or greater than the cost of the special assessment. 283 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:. Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of March, 2020. Attest: Jeffrey R. Smith, Clerk of BOARD OF COUNTY COMMISSIONERS Court and Comptroller INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Susan Adams, Chairman Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney 284 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES CITRUS HIDEWAY SUBDIVISION PROPOSED WATER ASSESSMENT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31383600000100000003.1 Assessment= $7,101.52 Owner TASSINARI, RONALD & INES Secondary Owners .• Secondary Owners Mailing Address 7595 85TH ST . VERO BEACH FL 32967 Legal A PCL OF LAND LYING IN THE NW CORNER OF THE W 1/2 OF THENE1/4OFTHENE1 /4 OF SEC 36 TWP 31 S RGE 38 E LESS R/WS OF RECORD AS DESC IN OR BK 560 PP 2264 LESS ADD'L RD R/W AS DESC IN OR BK 2351 PG 2188 Revision Date : Site Address 7595 85TH ST 2/20/2020 Parcel # 31383600001000000000.1 Assessment= $7,101.52 Owner GABRICH, CHARLOTTE A (TR) Secondary Owners Secondary Owners Mailing Address PO BOX 644353 VERO BEACH FL 32964 Legal CITRUS HIDEAWAY SUB PBI 10-26 TRACT A & ALSO INCLUDING THE FOLL DESC PCL: F ROM A POB AT THE SE COR OF CITRUS HIDEAWAY SUB LOCATED IN THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SEC 36 TWN 31 S RGE 38 E AS SHOWN IN PBI 10-26 MOR E PART DESC OR 3088/1484 Revision Date : Site Address 8320 75TH CT 2/20/2020 Parcel # 31383600001000000002.0 Assessment= $7,101.52 Owner ROBERTS, THOMAS M and CHERYL L Secondary Owners Secondary Owners Mailing Address 8476 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 2 PBI 10-26 Revision Date : Site Address 8476 75TH CT 2/20/2020 Page 1 285 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES CITRUS HIDEWAY SUBDIVISION PROPOSED WATER ASSESSMENT PRELIMINARY ASSESSMENT ROLL— RESOLUTION 3 Parcel # 31383600001000000003.0 Assessment= $7,101.52 Owner TILLMAN, JERRY R and TANYA C Secondary Owners .• Secondary Owners Mailing Address 8456 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 3 PBI 10-26 Revision Date Site Address 8456 75TH CT 2/20/2020 Parcel # 31383600001000000004.0 Assessment= $7,101.52 Owner HOFFMAN, JEFFREY W and LORI R Secondary Owners Secondary Owners Mailing Address 8406 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 4 PBI 10-26 Revision Date : Site Address 8406 75TH CT 2/20/2020 Parcel # 31383600001000000005.0 Assessment= $7,101.52 Owner MAYS, PATRICIA A (TR)(TOK) Secondary Owners Secondary Owners Mailing Address 8386 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 5 PBI 10-26 Revision Date : Site Address 8386 75TH CT 2/20/2020 Page 2 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments_Za6roposed\18- 1016CitrusHideawaySubdivision\WordDocuments\03_PreliminaryAssessmentRoll RESOLUTION_3_CitrusHidewaySubdivision.docx Friday, February 21, 2020 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES CITRUS HIDEWAY SUBDIVISION PROPOSED WATER ASSESSMENT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31383600001000000006.0 Assessment= $7,101.52 Owner SCHUSTER, GLEN Secondary Owners LUGI, SHARON Secondary Owners Mailing Address 1406 25TH AV VERO BEACH FL 32960 Legal CITRUS HIDEAWAY SUB - LOT 6 P81 10-26 Revision Date : Site Address 8356 75TH CT 2/20/2020 Parcel # 31383600001000000007.0 Assessment= $7,101.52 Owner LACLAIR, LAWRENCE D (TRS)(TOK) and MONI J. (TRS)(TOK) Secondary Owners Secondary Owners Mailing Address 8355 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 7 PBI 10-26 Revision Date : Site Address 8355 75TH CT 2/20/2020 Parcel # 31383600001000000008.0 Assessment= $7,101.52 Owner BOYNTON, RALPH R & Secondary Owners ROGERS, YOSHIKO I Secondary Owners Mailing Address 8385 75TH CT ROGERS, YOSHIKO I VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 8 PBI 10-26 Revision Date : Site Address 8385 75TH CT 2/20/2020 F - air Page 3 F:\Utilities\UTILITY - Engineering \Projects - Assessment Projects \000Assessments Z9Proposed\18- 1016CitrusHideawaySubdivision\WordDocuments\03_PreliminaryAssessmentRoll_RESOLUTION_3_CitrusHideway5ubdivision.docx Friday, February 21, 2020 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES CITRUS HIDEWAY SUBDIVISION PROPOSED WATER ASSESSMENT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31383600001000000009.0 Assessment= $7,101.52 Owner VOTAPKA, RICHARD B and LINDA K Secondary Owners Secondary Owners Mailing Address 8405 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 9 PBI 10-26 , Revision Date : Site Address 8405 75TH CT 2/20/2020 Parcel # 31383600001000000010.0 Assessment= $7,101.52 Owner KRAMER, HOWARD E and IRENE L Secondary Owners Secondary Owners Mailing Address 8455 75TH CT VERO BEACH FL 32967 Legal CITRUS HIDEAWAY SUB - LOT 10 PBI 10-26 Revision Date : Site Address 8455 75TH CT 2/20/2020 Page 4 288 PROPOSED WATER ASSESSMENT PROJECT ASSESSING CERTAIN PROPERTIES WITHIN CITRUS HIDEAWAY SUBDIVISION AND PROPERTY ABUTTING 75TH COURT 85TH ST (COUNTY ROAD 510) 7595 85TH ST 8455 75TH CT 1- U 8405 75TH CT 8385 75TH CT 8355 75TH CT NOT INCLUDED 8476 75TH CT 8456 75TH CT 8406 75TH CT 8386 75TH CT 8356 75TH CT 8320 75TH CT 289 RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY ACCEPTING AN EASEMENT FOR UTILITY PURPOSES ONLY, OVER, ACROSS AND UNDER THE 60 -FOOT PRIVATE ROAD RIGHT-OF-WAY OF 75TH COURT, LOCATED IN UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA. WHEREAS, by Confirming Resolution No. 2020- , the Board of County Commissioners approved a special assessment project for a water main extension to be constructed from C.R. 510 along 75th Court to specially benefit certain property abutting 75th Court as well as certain properties within Citrus Hideaway Subdivision; and WHEREAS, the water main extension is to be constructed within the 60 - foot private roadway known as 75th Court within the platted property of Citrus Hideaway Subdivision; and WHEREAS, in order for Indian River County to construct and maintain the water main extension along 75th Court, it is necessary to have an easement within the private roadway known as 75th Court; and WHEREAS, the plat of Citrus Hideaway Subdivision, recorded in Plat Book 10, Page 26, has specific dedication language that all streets and easements are for the use of public utilities, cablevision and the property owners in the subdivision, with the full knowledge that the same are not dedicated to the public until there is a formal acceptance of these streets and/or easements, or any part thereof, by the County; and 290 WHEREAS, it is the desire of the Board of County Commissioners to only formally accept an easement for utility purposes over, across and under 75th Court, and it is not the intention of the Board of County Commissioners to accept the street as a public street, nor the maintenance of said street, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The Board of County Commissioners of Indian River County, Florida expressly and formally accepts an easement for utility purposes only, over, across and under the 60 -foot private road right-of-way of 75th Court, located in unincorporated Indian River County, Florida; said 75th Court is shown on the plat of Citrus Hideaway Subdivision, recorded in Plat Book 10, Page 26 of the Public Records of Indian River County, Florida. 2. The Board of County Commissioners of Indian River County, Florida does not accept the road as a public road nor the maintenance for the road. This resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari , and, upon being put to 291 The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of March, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold County Attorney 292 03/03/2020 Item 10.A.3. Citrus Hideaway Subdivision Water Main Assessment Public Hearing & Resolution 111 How We Got Here ►. Initial request to evaluate the feasibility of County water. received May 2018 ► BCC authorized staff to 'start design October 16, 2018 ► BCC approved Resolution I = Providing and Resolution II - Time and Place of Public Hearing February 4, 2020 ► Staff mailed certified letters to all 11 benefitting parcels February 5, 2020 03/03/2020 Item 10.A.3. Subtotal Construction Cost Estimate Cost per Parcel, based on Construction Cost Citrus Hideaway S/D Estimated Water Cost ► Financing Charges based on the current rate of 4.75% r Consumption for water based on 5,000 gallons per month Capital cost per parcel at $7,101.52 Water impact fee $1,300 Total per month = Monthly Payment $20.12 $74.46 $24.38 $118.96 03/03/2020 Item 10.A.3. Moving Forward ► Resolution III — March 3, 2020 (Pending BCC Approval) ► Have Labor Contractor Install Water Main; or Advertise for Bids — March to June 2020 ► Final Completion —July 2020 OPEN PUBLIC HEARING INDIAN RIVER COUNTY ATTORNEYS OFFIC 1801 27TH ST VERO BEACH, FL 32960-3388 STATE OF WISCONSIN COUNTY OF BROWN PART OF..THEUS�i3C AAY.Al T1N1361( Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION 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 Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal inthe 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. 02/11/2020, 02/18/2020 Subscribed and sworn to before on February 18, 2020: - - . Cz - _a_ Y"Yt. uvrxr_.0_, ._) Notary, State of WI, County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $315.00 Ad No: 0004043107 Customer No: 1310775 PO #: # of Affidavits 3131 Lo NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT NOTICE IS HEREBY GIVEN that the Board of County Commission- ers of Indian River County, Florida, will conduct a Public Hearing to consider approving a special assessment project in connection with a water main extension from CR -510 to 75th Court, assess- ing certain properties within Citrus Hideaway Subdivision and property abutting 75th Court, located within unincorporated Indian River County, Florida. The Public Hearing will be held on Tuesday, March 3, 2020 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 Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested par- ties may be heard with respect to the proposed project. Any proposed documents, including the description of each property to be assessed and the amount to be assessed to each property, may be ascertained by the public during regular busi- ness hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at either the Office of the Clerk to the Board of County Commis- sioners, located on the second floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida or the Department of Utility Services, located on the first floor of Building A of the County Administrative Complex. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evi- dence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772-226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SUSAN ADAMS, CHAIRMAN Pub: February 11 & 18, 2020 TCN4043107 INDIAN RIVER CO ATIY'S OFFICE 1801 27TH ST VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN RTOFTilE USA:TODAY:.NET WORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION Before the undersigned authority personally appeared, Joe Heynen, who on oath says that he is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached -copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount , rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 2/12/2020 Subscribed and sworn to before on March 9th, 2020 YYL Notary, State of WI. County of Brown TARA MONDLOCH • Notary Public State of Wisconsin. My commission expires: August 6, 2021 Publication Cost: $472.50 Ad No GC10365672 Customer No: 461741 PO#: 3J 3 fz 0 Io. A.3 MAR 16 2020 COUNTY ATTORNEY'S OFFICE 21z-5 RESOLUTION NO. 2020-011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FORA WATER MAIN EXTENSION FROM CR -510 TO 75TH COURT, WITHIN CITRUS HIDEAWAY SUBDIVISION AND PROPERTY ABUTTING 75TH COURT, LOCATED WITHIN UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of, the county and has determined to defray the cost thereof by special assessments against certain specially benefited properties to be serviced by a water main extension from CR -510 to 75th Court, within Citrus Hideaway Subdivision and property abutting 75th Court, located within unincorporated, Indian River County, Florida NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a water main shall be extended from CR -510 to 75th Court, located within unincorporated Indian River County, Florida, to specially benefit 11 parcels located within Citrus Hideaway Subdivision and property abutting 75th Court ('Improvements"), and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of The Code of Indian River County. 2. As access to water provides an equal benefit to each property served, the assessment will be equal per parcel. 3. The estimated cost for the Improvements is $78,116.72 or $7,101.52 per parcel to be paid by the properties specially benefited as shown on the assessment plat on file with the Department of Utility Services and the Clerk to the Board. Assessments are to be levied against certain lots and lands adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 4. A special assessment in the amount of $7,101.52 per parcel may be assessed against each of the specially benefited properties designated on the assessment plat on file with the Clerk to the Board. This special assessment may be raised or lowered by action of the Board of County Commissioners serving as the equalizing board at the public hearing, as set forth in Section 206.07 of The Code of Indian River County. 5. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the as -built resolution of the Board with respect to credits against the special assessments after completion of the Improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the Improvements are completed. 6. There is presently on file with the Department of Utility Services and the Clerk to the Board an assessment plat showing the area to be assessed, plans and specifications for the Improvements and an estimate of the cost of the proposed Improvements. All of these are open to inspection by the public at the Department of Utility Services and the Clerk to the Board. 7. A proposed preliminary assessment roll with respect to the special assessments is on file with the Department of Utility Services and the Clerk to the Board. 8. Upon the adoption of this resolution, the Department of Utility Services shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Indian River Press Journal before the public hearing as required by Section 206.04 of v The Code of Indian River County. PROPOSED WATER ASSESSMENT PROJECT .t. ASSESSING CERTAIN PROPERTIES W r -3r0 CITRUS HIDEAWAY SUBDIVISION AND PROPERTY ABUTTING 78TH COURT The resolution was moved for adoption by Commissioner Solari, and the motion was seconded by Commissioner Flescher and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Aye Vice Chairman Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye Commissioner Tim Zorc Aye Commissioner Bob Solari Aye The Chairman thereupon declared the resolution duly passed and adopted this 4th day of February, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Randi Wardlow, Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney COUNTY ROAD 5 0 (85TH STREET) 7595 88TH ST 8455 75TH CT 8405 75TH CT 8385 75TH CT 8355 75TH CT NOT INCLUDED 8476 75TH CT 8456 75TH CT 8406 75TH CT 8386 75TH CT 8356 75TH CT 8320 75TH CT TR-GC10365672-01 2' 2- -Co /o6/ 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: Railside LLC ADDRESS: 1450 Bell Avenue, Ft. Pierce, FL 34982 PHONE: 561-440-7327 SUBJECT MATTER FOR DISCUSSION: Illegal dumping of Indian Rover County Recyclables and Garbage IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OFA DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Cleanup of the dump site X YES YES X NO NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? X YES NO Hauling dumped recyclables which originated in Indian River County back to its landfill Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: F:\County Admin \ExecAsst\AGENDA \Public Discussion Items Formdoc 293 03/03/2020 Item 10.6.1. ACCORDING TO THE IRC WEBSITE, COLLECTION OF RECYCLING IS INCLUDED IN YOUR ANNUAL ASSESSMENT FEE YOU PAY ABOUT $121 PER YEAR FOR THAT ASSESSMENT FEE - BUSINESSES PAY MORE WHAT IRC I5 NOT TELLING YOU - WHAT WAS BEING PICKED UP HAS NOT BEEN RECYCLED T13- INDIAN RIVER COUNTY "RECYCLING" COVER-UP Presented by Railside LLC ACCORDING TO THE IRC WEBSITE, COLLECTION OF RECYCLING IS INCLUDED IN YOUR ANNUAL ASSESSMENT FEE YOU PAY ABOUT $121 PER YEAR FOR THAT ASSESSMENT FEE - BUSINESSES PAY MORE WHAT IRC I5 NOT TELLING YOU - WHAT WAS BEING PICKED UP HAS NOT BEEN RECYCLED T13- 03/03/2020 Item 10.B.1. 03/03/2020 Item 10.13.1. 23 3 03/03/2020 Item 10.8.1. 03/03/2020 Item 10.6.1. 2x3'5 03/03/2020 Item 10.6.1. 293 6 03/03/2020 Item 10.6.1. Z1 7 03/03/2020 Item 10.6.1. 2q3. 8 20 Item 10.B.1. 03/03/2020 Item 10.6.1. Z�3. 10 706/ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Bill Schutt, AICP; Chief, Long Range Planning DATE: February 20, 2020 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of March 3, 2020. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: March 10, 2020 Consideration of an Ordinance Amending Title X, Impact Fees, of the Code of Indian River County by Adopting Proposed New Impact Fee Schedules for the Unincorporated Indian River County and Municipalities, and by Adopting Related Amendments Including Revisions to Level of Service Standards Used in Impact Fee Calculations and Revisions to Impact Fee Benefit Districts [Legislative]. RECOMMENDATION: The referenced public hearing item is provided for the Board's information. No action is needed at this time. 294 DEPARTMENTAL MATTERS Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: February 20, 2020 From: Kristin Daniels Director, Office of Management & Budget Subject: Children's Services Funding Allocation for Fiscal Year 2020/21 Description and Conditions Each year, the Board of County Commissioners approves a funding allocation for Children's Services. This amount is then allocated to the applicants based upon recommendations of the Children's Services Advisory Committee (CSAC). The County has historically changed the funding allocation based upon the previous fiscal year's taxroll change with exceptions during the economic downturn. On March 14, 2017, the Board approved a three-year phase-in' of funding to reach the 0.1250 millage cap authorized for the program in FY 2019/20. Based upon the prior fiscal year's taxroll, the 0.1250 millage cap for FY 2020/21 is $2,205,912 which is $143,301 or 6.9% higher than last fiscal year. It should be noted that the FY 2019/20 allocation of $2,062,611 included $50,000 to fund a needs assessment. Therefore, the increase available to applicants in FY 2020/21 is $193,301. Recommendation Staff recommends that the Board of. County Commissioners approve FY 2020/21 funding for Children's Services at the full 0.1250 millage cap of $2,205,912. Attachment Children's Services Funding History 295 dren's Services Counci 0 E % Increase C 0 r 0 O)r-00 0 - 27.5% - (000)Q 0- 0 0 -10.0%I .- O -5.0% 0- OOO 0 23.5% 52.9% 0 Lf) 24.0%1 0 d) r- O r- 0 0 (0M 00 O) MLC) O O O M (O O - CON ' ' r- 1 M N II Total Approved Funding O L[) N 0 0 0 0 0 0 0 $1,100,000 000 $656,726 0000 (!)LniN N. -Mr. -0000000 000 0)0)0) (O (0 (O (fl r- r - M 00 O O O O I- O O r- I� r- N (0(0(00) 0) 0) 0) (O 0) r- M- 0 0 O I- M M 00 (-406.- M M M r- r- f— M N io 000) r- M O O d - NN- O 00 (O O) N N N L) LO O O (O O 69 N ct r- O) O) r- N r- N (0N- (O (O (O (O o0 O (O (O O N 63696Ri6969 646969 (49696969 N N 69 E9 69 69 (70.69.610.U0.69. Fiscal Year (00)0 rn r rn r o 2000/2001 2001/2002 2002/2003 2003/2004 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 v 0 N 2014/2015 2015/2016 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021 Proposed F---.0-3 O) O r- 0) 0) r- O) 0) O) r- co r O N Funding History 7/ Indian River County, Florida Department of Utility Services Board Memorandum Date: February 19, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: Amendment and Extension of Cattle Lease Agreement Background/Analysis: On March 15, 2018, Premier Citrus, LLC (Assignor) had previously entered into a cattle lease agreement with Staski Enterprises, Inc., for a two-year term, which is set to expire March 15, 2020. On June 18, 2019, the Indian River County Board of County Commissioners (BCC) approved the Assignment of Cattle Lease Agreement from Premier Citrus, LLC, to the County (Assignee). On January 15, 2020 the County purchased 243 acres south of the West Regional Wastewater Treatment Facility, of which 198.36 acres is used for cattle grazing. Staff and Staski Enterprises' representatives discussed the possibility of extending the existing lease for another two-year term. The purpose of the lease is solely for grazing of livestock. Having a presence on the property discourages trespassers and allows the County to have a representative on site. Simultaneously, the Indian River County Department of Utility Services (IRCDUS) will be working on preliminary and final designs of the subject site that will include regulatory permits, which will take a couple of years. The payments to the County amount to $6,942.60 per year, payable in full by March 15th. All the existing terms and conditions of the original lease agreement remain in effect. Certificates of Insurance shall be provided within 10 business days after the execution of the contract. There is a termination, with or without default provision, that allows either party to terminate with 60 -days' notice for any reason. Funding: The lease payment will be recorded in the utility operating fund revenues. The amount of $6,942.60 per year will be payable to the County in full by March 15th each year. Account Name Account Number Amount Other Miscellaneous Revenues 471038-369900 $6,942.60 297 Recommendation: Staff recommends the Indian River County Board of County Commissioners authorize the Chair to execute the Amendment and Extension of Cattle Lease Agreement, after final review and approval by the County Attorney's office. Attachment: Amendment and Extension of Cattle Lease Agreement 298 AMENDMENT AND EXTENSION OF CATTLE LEASE AGREEMENT This Amendment and Extension of Cattle Lease Agreement ("Extension") is entered into this _ day of March, 2020 ("Effective Date"), by and between Staski Enterprises, Inc. ("Tenant"), whose address is 7180 1st Street, Vero Beach, FL, 32968, and Indian River County ("Landlord"), whose address is 1801 27th Street, Building A, Vero Beach, FL, 32960. WHEREAS, on March 15, 2018, Premier Citrus, LLC and Staski Enterprises, Inc. entered into a Cattle Lease Agreement (the "Lease"), for the property located at 8593 4th Street, Vero Beach, Florida (the "Property"); and WHEREAS, the Lease expires on March 15, 2020; and WHEREAS, Landlord, in anticipation of purchasing the Property, entered into the Assignment of Cattle Lease Agreement with Premier Citrus, LLC on June 18, 2019; and WHEREAS, Landlord ultimately purchased only that portion of the Property located on the east side of I-95 (the "Eastern Property") as set forth in Attachment "A"; and WHEREAS, Landlord has no control over that portion of the Property located west of I- 95; and WHEREAS, Landlord, now owner of Eastern Property, and Tenant desire to extend the Lease on the Eastern Property for an additional two years under the terms as set forth below; and NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The recitals are true and correct and are adopted by reference herein. 2. The term of the Lease on the Eastern Property is extended to March 15, 2022. 3. Tenant shall pay to Landlord the sum of $35.00 per acre per year based at 198.36 acres for the sum of $6,942.60 to be paid by March 15, 2020. All subsequent years will be paid in full on March 15, of the subsequent years of Lease term. 4. Within 10 business days of the Effective Date of this Extension, Tenant shall provide Landlord all insurance as set forth in the Lease. 5. With respect to the Eastern Property, the other terms and conditions of the Lease shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this Amendment and Extension of Cattle Lease Agreement as of the day and year first written above. 1 299 Signed in the presence of the following witnesses: STASKI ENTERPRISES, INC. sign: TENANT print name: sign: Michael J. Staszewski President print name: INDIAN RIVER COUNTY, FLORIDA LANDLORD ATTEST: Jeffrey R. Smith, Clerk of By: Circuit Court and Comptroller Susan Adams, Chairman Board of County Commissioners By: Deputy Clerk BCC approved: Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney 2 300 Indian Springs Parcel I: Parcel ID Nos. 33381400001009000001.0 Township 33 South, Range 38 East, Section 14, Tracts 9, 10, 11, that part of Tract 12 lying East of Interstate 95, that part of Tract 13 lying East of Interstate 95, Tract 14 Tess the portion of the Southwest corner lying West of Interstate 95, Tract 15 less canals and road rights of way, and less additional right of way in Book 2969, Page 2285, Official Records of Indian River County, Florida. LESS AND EXCEPT the West 10 feet of the East 40 feet of Tract 9. 301 G'a Indian River County, Florida Department of Utility Services Board Memorandum Date: February 18, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Through: , Cindy Corrente, Finance Manager, Utility Services Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operators Manager, Utility Services Subject: Request to Waive Bid Process for Purchase of Chlorine Pumps for North County Water Plant Background/Analysis: The Fiscal Year (FY) 2019/2020 Water Production Renewal and Replacement (R&R) budget includes funds to replace the existing Sodium Hypochlorite (chlorine) pumps that feed chlorine to various different areas of the water plants. These pumps are beyond their effective useful life span. Funds budgeted for the replacement of these chemical pumps is $50,000.00. In the interest of time and the desire to replace the pumps before failure, staff requested quotes from three different vendors. Each vendor toured the facility before they submitted their quote. Guardian Equipment, Inc. Fluid System & Controls, Inc. Odyssey Manufacturing Co. Funding: $45,375.00 $ 52,180.60 $62,517.00 Funds for the North County Water Plant Chlorine Replacement Pumps are available in the R&R budget for Water Treatment. R&R funds are included in the Utilities Operating Fund. Utilities operating funds are derived from water and sewer sales. A total of $50,000.00 is budgeted for North County Water Plant Chlorine Replacement Pumps in FY 2019/2020. Description Account Number Amount N RO Chlorine Feed Pump Replacement 47121936-044699-19534 $50,000.00 Recommendation: Staff recommends that the Board of County Commissioners waive the bid process requirements for the North County Water Plant Chlorine Replacement Pumps for Fiscal Year 2019/2020 and authorize the Purchasing Manager to issue a purchase order to Guardian Equipment for the pumps for the amount of $45,375.00. Additionally, we request to allow the Purchasing Manager to advertise the sale of the old pumps, as someone may find them of value as scrap metal. 302 Indian River County, Florida Department of Utility Services Board Memorandum Date: February 26, 2020 To: Jason E Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: CK Contractors — Replace 16" Water Distribution Valve, 58th Avenue South of 5th Street SW Analysis: In late February 2020, Indian River County Department of Utility Services (IRCDUS) field staff identified a leaking gate valve on a 16" water main along 58th Avenue south of 5th Street SW. The main is approximately 10' deep at that location, and in close proximity to the southbound lanes. IRCDUS Engineering staff determined it will be best to hire a contractor with specialized equipment to make the repair. Quotes were solicited from three (3) contractors, and two (2) responses were received: CK Contractors & Development (CK) and Roc Construction. Roc Construction elected to "No Bid" the job; CK submitted a responsive quote. Since CK submitted the only quote and the repair is urgent, the Director of Utility Services, with the concurrence of the County Administrator, requested the issuance of an emergency purchase order. Purchase Order Number 85831 was assigned by the Purchasing Division for the work on February 26, 2020, authorizing the contractor to commence with the repair. Funding: Funds for this project are derived from utility operating capital funds. The utility operating fund budget is derived from water and sewer revenues. Description Account Number Amount 16" Water Distribution Valve Replacement 47126936-044699-19551 $ 84,005.00 Recommendation: Staff recommends the Board of. County Commissioners ratify emergency Purchase Order 85831 to CK Contractors & Development in the amount of $84,005.00. Attachments: 1. Proposal from CK Contractors & Development 303 Office ,Addess:. 13 PO Technol< gy PIace, Shite 122 West19aim Beach FIoi-.ida 3;3947 Phone; (561) 932-7.070 Fax ,(567) 228-8918 To: Indian River County Address: 1800 27th Street Vero Beach, FL 32960 Contact: Phone: Fax: John Boyer Project Name: 58th Street Gate Valve Repair Project Location: Indian River County, Vero Beach, FL Bid Number: Bid Date: 20-02251 2/26/2020 Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Mobilization 1.5 Density Testing 2 MOT 3 Excavate And Prep Area 4 Cut Out And Install New Valve (Labor & Equipment Only) 5 Backfill & Subgrade 1.00 LS 6 Install Flowable Fill 1.00 LS 7 Replace F Curb & Gutter 1.00 LS 8 Replace Sidewalk 1.00 LS 9 Final Grade 1.00 LS 10 Replace Sod 1.00 LS 12 Mill And Overlay 1" SP 9.5 195.00 SY 13 3.5" SP -12.5 42.00 SY 14 Pavement Striping 1.00 LS 15 Demobilization 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS $5,000.00 $975.00 $9,250.00 $4,500.00 $6,500.00 $4,500.00 $4,750.00 $5,600.00 $7,500.00 $1,850.00 $4,500.00 $80.00 $190.00 $2,000.00 $3,500.00 $5,000.00 $975.00 $9,250.00 $4,500.00 $6,500.00 $4,500.00 $4,750.00 $5,600.00 $7,500.00 $1,850.00 $4,500.00 $15,600.00 $7,980.00 $2,000.00 $3,500.00 Total Bid Price: $84,005.00 Notes: • Not responsible for Permits, Fees or Bonds. • Not responsible for any Franchise Utility Relocation or conflict with existing utilities. • Price includes Bahia grassing for disturbed areas only. • Price does not include off-site waste. • Not responsible for hazardous materials. • Not responsible for any existing sub -surface condition. • Not responsible for any Erosion Control and / or maintenance as this is to be treated as an emergency repair. • Not responsible for any other trade's waste material. • Any other item not specifically mentioned in excluded from this proposal. • Proposal is good for 30 days. • Not responsible for damage to existing pavement due to construction traffic or others. • Price includes pavement marking for impacted areas only. • Sidewalk removal and replacement is included for the impacted areas only. Sidewalk will be replaced with 6" thick Class I concrete. • Price does not include fences or barricades. • Due to the level of volatility in the petroleum market, we must index our pricing on this project. Prices on this quote are based on the February 2020 FDOT Asphalt Binder Index. • All survey and as-builts are included within the proposal by a certified PLS. • CK has quoted this project to execute the full scope, breaking out work is subject to unit price increases • Erosion maintenance is only while CK is actively on site. • All road improvement work is priced as daytime activity. Night work to be priced separately. • Density Testing is included for impacted area only. • This proposal is to be included in the contract documents. • Items not specifically outlined in this quote are excluded. • Fine grading is to be completed one time, if damaged by others, subject to additional costs. • Proposal does not include any relocation and / or holding of Franchise Utility for utility service placement. 2/26/2020 9:00:59 AM 304Page 1 of 2 • MOT and / or Traffic Barrier is included for our work area only and MOT plan approval should be treated as an emergency repair fro immediate approval. • Dewatering permit by others. We will provide all necessary pump data to Prime Contractor for obtaining this permit. • Striping will be replaced with Thermo Plastic per FDOT specs. ACCEPTED: The above prices, specifications and conditions are satisfactory and arehereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: CK Contractors & Development Florida Authorized Signature: Estimator: nio 2/26/2020 9:00:59 AM 305Page 2 of 2 /34 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 17, 2020 SUBJECT: Agriculture Advisory Committee Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the position of "Citrus Industry" representative vacancy on the Agriculture Advisory Committee, which term expires in January 2021. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position, whose application and resume is available for review in the Commissioners' Front Office area: Walter Thomas Jerkins, Jr. RECOMMENDATION. The County Attorney recommends that the Board review the applicant's application and resume, and determine whether to appoint him to fill the unexpired term for the "Citrus Industry" representative to the Agriculture Advisory Committee. ATTACHMENTS Application 306 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: Walter Thomas Jerkins, Jr. [Tom Jerkins] Today's Date: 8/22/2019 Email Address: tom@premiercitrus.com Street Address (No P.O. Boxes): 5315 16th St., V.B. 32966 Home Phone: 772 778 5679 Work Phone: 772 469-1549 Cell Phone: 772 473 9754 How long have you been a resident of Indian River County? 1988 to present (30+ years) Are you a full or part time resident? Check one: Q Full Time Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Premier Citrus, LLC, President Premier Citrus, Mgr, LLC, President, co-owner Grow Florida Land, LLC, President, Broker, co-owner Please list any licenses you presently hold: Florida RE Broker License FAA Pilot License; Single engine Please list any organization of which you are currently a member: Florida Citrus Mutual - Ex Committee Indian River Citrus League — B.O.D. Florida Citrus Research & Development Foundation: ex President for 9 years Please list any other committees or boards you currently sit on: St. John's Improvement District: B.O.D. (Ind. River Co.) Parabel — LTD; BOD — (Ind. River Co.) Capron Trail Community Development District (St. Lucie Co.) Continued on next page 307 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE X BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 308 141 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: FROM: DATE: SUBJECT: Tad Stone, Director Department of Emergency Services Erin Baskins, Staff Assistant IV Department of Emergency Services February 12, 2020 Memorandum of Understanding between Indian River County Fair Association, Vero Beach Firefighters Association and Indian River County Emergency Services District for Manpower Coverage during the Firefighters Fair It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The Indian River County Fair Association, Inc. and Vero Beach Firefighters Association, Inc. entered into the Agreement for Use of Indian River County Fairgrounds with Indian River County, dated September 17, 2019, to operate the County Fair at the Indian River County Fairgrounds in calendar years 2020, 2021 and 2022. The purpose of the Memorandum of Understanding is to memorialize the amount of standbys that can be requested by the Firefighter Fair Chairman. It allows for the Firefighter Fair Chairman to request up to fifty full or partial standby arrangements per Fiscal Year. The only conditions of the standby arrangements requires that the exchanging employees must be of equal classification. FUNDING: These standby arrangements are between the Indian River Fair Association and the standby employee. The County will not incur any cost for the coverage needed to fulfill these standby arrangements. 309 RECOMMENDATION: Staff recommends approval and authorization for the Chairman to sign the memorandum of understanding. ATTACHMENTS: Memorandum of Understanding 310 This Memorandum of Understanding (MOU) is entered into this _ day of , 2020, by and between the Indian River County Fair Association, Inc., a Florida not-for-profit corporation, Vero Beach Firefighters Association, Inc., a Florida not-for-profit corporation, Indian River County Firefighters/Paramedics Association, Local 2201, I.A.F.F. and the Indian River County Emergency Services District. Whereas, the Indian River County Fair Association, Inc. and Vero Beach Firefighters Association, Inc. entered into the Agreement for Use of Indian River County Fairgrounds with Indian River County, dated September 17, 2019, to operate the County Fair at the Indian River County Fairgrounds in accordance with Chapter 616, Florida Statutes, in calendar years 2020, 2021 and 2022; and Whereas, under the Collective Bargaining Agreement between Indian River County Firefighters/Paramedics Association, Local 2201, I.A.F.F. and Indian River County Emergency Services District, in place from October 1, 2016 through September 30, 2019 (Collective Bargaining Agreement), as part of staffing the fair, the Firefighter Fair Chairman was permitted to assign up to seventy (70) full or partial standby arrangements, subject to certain limitations; and Whereas, since the Indian River County Fair Association, Inc. and Vero Beach Firefighters Association, Inc. are not parties to the Collective Bargaining Agreement, all of the parties to this MOU desire to enter into this MOU to memorialize the amount of standbys that can be assigned by the Firefighter Fair Chairman; and Whereas, during the period of the Collective Bargaining Agreement, the Firefighter Fair Chairman did not need seventy standby arrangements; Now therefore, the Parties agree as follows: Section 1. Number of Standbys: The Firefighter Fair Chairman may request up to fifty full or partial standby arrangements. The fifty standby arrangements are the maximum allowed per fiscal year, and any unused standby arrangements shall not be rolled over to the following fiscal year. Section 2. Conditions of Standby Arrangements: The exchanging employees shall both be of equal classification (example; LT. for Lt.), an employee of equal classification who has equal or higher qualifications (example; Lt working as an Engineer), or those that are cleared for in a ride out of grade status (example; ROG Lt. working for Lt.), shall be permitted to work the standby arrangement. The Director/Fire Chief or his designee has the option to deny any standby if there is an issue in maintaining the operational readiness and response posture of the Fire Department. Section 3. Cost to the County: These standby arrangements are between the Indian River Fair Association and the standby employee. The County will not incur any cost for the coverage needed to fulfill these standby arrangements. INDIAN RIVER COUNTY FAIR ASSOCIATION By: Print name: Title: 311 VERO BEACH FIREFIGHTERS ASSOCIATION, INC. By: Print name: Title: INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT By: Susan Adams, Chairman Date: Jason E. Brown, County Administrator Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION, LOCAL 2201, IAFF By: John O'Connor, Union President 312 /56) Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 17, 2020 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: Spring Residential Paper Shredding Event on April 11, 2020 Description: The Solid Waste Disposal District (SWDD) and Waste Management, Inc. of Florida will be partnering with Southeast Secure Shredding to host the Spring Residential Paper Shredding Event on Saturday, April 11, 2020. All residents of Indian River County are invited to bring up to three boxes/bags of paper (up to 35 lbs. each) to be shredded and recycled. There is no charge to the public but participation is limited to one drop-off per vehicle per household. The event will be held from 9 a.m. to 2 p.m. at Southeast Secure Shredding located at 3910 U.S. Highway 1 in Vero Beach. Analysis: Southeast Secure Shredding is charging $5 per vehicle. Waste Management will be covering a cost of up to $8,000 for this and a possible future paper -shredding event. This arrangement is through the attached Contract Memorandum of Understanding (MOU) signed by the County Administrator and Kasey C. Godwin, District Manager for Waste Management. SWDD is responsible for the advertising for these type of events and, per the MOU, is responsible for any additional costs over the $8,000 allocation by Waste Management. The allocation will cover approximately 800 vehicles per event, or 1,600 vehicles for this and a future event. Based on past events, staff does not expect to exceed this amount of participation in a five-hour event. Funding: The funding for the Spring Residential Paper Shredding Event is available in the SWDD Recycling Department advertising account. This account is funded through user assessment fees; the anticipated cost for advertising this event is $7,800. Description Account Number Amount Advertising 41125534-034810 $7,800 313 Recommendation: Solid Waste Disposal District staff recommends that the Board approve the Spring Residential Paper Shredding Event to be held on April 11, 2020. Attachment: 1. Contract Memorandum of Understanding with Waste Management, Inc. of Florida 314 January 24, 2020 Kasey Godwin, District Manager Waste Management of Florida 4310 77th Street Vero Beach, Florida, 32966 Re. Contract Memorandum of Understanding Supplemental to Franchise Agreement for Public Events Dear Mr. Godwin: For 2020, the parties to the Franchise Agreement will allow for the following in lieu of the requirements set forth in the second paragraph of Article 9. Community Cleanups of the Franchise Agreement: Franchisee shall assist SWDD with at least one (1) Household Hazardous Waste and e -waste collection event and Paper Shredding event(s) within the Franchise Area. a) HHW and e -waste collection events are typically a single day event on a weekend scheduled from 9:00 a.m. to 12:00 p.m. Franchise shall provide up to twenty (20) personnel and, as required, pallets, shrink wrap, forklift, Gaylord boxes, containers, and transport truck. Franchisee personnel shall receive HHW and e -waste from residents, properly containerize it, load it, and deliver it to the landfill. The County will accept properly prepared HHW and e -waste at no cost to Franchisee. b) The Paper. Shredding event(s) shall be held at a location to be determined from 9:00 a.m. to 2:00 p.m. at a date to be coordinated with SWDD staff. Waste Management shall allocate a not to exceed cost of $8,000 per year for this effort. SWDD shall handle the advertising for the event(s) and shall pay any additional cost beyond this allocation. Indian River County's in -field point of contact for this project is Mrs. Sue Flak. Mrs. Flak can be contacted at (772) 226-1764 and sflak@ircgov.com. Sincerely, Jason E. Brown County Administrator Waste Management, Inc. of Florida Agreed by Date Kasey C. Godwin, District Manager 315 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 21, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Thirteenth Amendment to Republic Services Descriptions and Conditions: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement with Republic Services of Florida, Limited Partnership (Republic Services). The agreement is for the operation and maintenance of the county's Class 1 Landfill as well as non -Class 1 Landfill services. Per a contract extension by the SWDD Board on February 21, 2017, the agreement is valid through December 31, 2024. The routine Operation and Maintenance (O&M) of the landfill gas system is part of the current agreement. The landfill gas system was expanded as part of the recent landfill closure project to add 29 new vertical and 8 new horizontal landfill gas extraction wells. Additionally, a new air compression station was added to the site. Accordingly, Republic Services has requested an amendment to their contract to provide additional O&M services as well as some preventative maintenance services. Analysis: The current O&M services provided by Republic Services for the landfill gas system includes 55 vertical and 32 horizontal landfill gas extraction wells. Thirteen of these horizontal extraction wells have recently been abandoned. The non -Class 1 Landfill services are a lump sum item; however, Republic Services has provided a breakdown from their subcontractor, SCS Field Services, that the cost for these O&M services is approximately $38,940 per year as shown in Table 1 below. Table 1- Routine Tasks Based on Indian River Landfill Contract Description Quantity Units Unit Cost Total Task 1— Flare Operation, Wellfield Operation, Liquid Levels (55 EWs, 32 HCs) 12 Month $2,255 $27,060 Task 2 — Reporting 12 Month $990 $11,880 Current O&M Cost: $38,940 The expansion of the landfill gas system added 29 vertical extraction wells and 8 horizontal extraction wells for a total of 84 vertical extraction wells and 27 horizontal extraction wells. Each of these wells are 316 monitored twice a month. In addition, staff has requested additional routine maintenance activities to ensure reliable service. Republic Services has provided a breakdown from their subcontractor, SCS Field Services, that the total new cost for these O&M services is $76,580 per year as shown in Table 2 below. This is a net increase of $37,640 per year as compared to the pre -expansion services. In comparing just the O&M services and the report for the wells, the net increase is about 15% compared to the 28% increase in the total wells to be monitored. In addition, the unit cost per well is actually lower than before ($10.74 per well vs. $12.96 per well). Table 2 - New Routine Task Cost to Include System Expansion Description Quantity Units Unit Cost Total Task 1- Flare Operation, Wellfield Operation and Liquid Levels (29 New EWs, 13 abandoned HCs, 8 New HCs for a total of 84 EWs and 27 HCs) 12 Month $2,385 $28,620 Task 2 - Reporting 12 Month $1,350 $16,200 Task 3 - Liquid Level Monitoring and Reporting 2 Semi -$2,200 Annual $3,400 $4,400 Task 4A -Condensate Sump and Dewatering Pump2 Maintenance 1 Semi - Annual $3,880 $7,760 Task 4B - Condensate PumpMaintenance 2 Semi Annual $1,500 $3,000 Task 5 - Flare Station Blower Lubrication/Check2 Valve Inspection/Flow Straightener Inspection 1 Semi Annual $2,500 $5,000 Task 6 - Air Compressor Preventative Maintenance 4 Quarterly NA $11,600 Total Updated Yearly O&M Cost: $76,580 Total Additional Cost for Routine Services: $37,640 Due to the age of the landfill gas system, staff requested that Republic Services provide some non- routine maintenance services. Republic Services has provided a breakdown from their subcontractor, SCS Field Services, that the total new cost for these O&M services is $41,200 per year as shown in Table 3 below. Table 3 - Non -Routine Services and Maintenance Description Quantity Units Unit Cost Total Flare Skid Painting (5 Years) 1 LS $11,850 $11,850 Wellfield Repairs as of January 2020 1 LS $6,200 $6,200 Wellfield Spare Parts per quantities shown 1 LS $3,400 $3,400 Flare Blower Three Motor Replacement 1 LS $7,500 $7,500 Header Pipe and Condensate Sump Cleaning 1 LS $7,900 $7,900 Blower Inspection 1 LS $4,350 $4,350 Total Non -Routine Services and Maintenance Budgetary Estimate: $41,200 317 Staff has reviewed the proposal provided by Republic Services through their subcontractor, SCS Field Services. Staff concurs with the additional O&M services for $41,404 ($37,640 + $3,764) to be added to their annual contract. Staff also concurs with the non -routine items for preventative maintenance services for a lump sum amount of $45,320 ($41,200 + $4,120). As shown, both of these costs include a 10% subcontractor fee to Republic Services. Upon approval of this amendment, the overall payment for Calendar Year 2020 for Non -Class 1 Landfill services will be adjusted from $3,063,181.94 to $3,104,585.94 per year or $258,715.50 per month. Funding: Funding for the SWDD non -Class 1 Landfill services is budgeted and available in the SWDD recycling account, which is funded from SWDD assessments and user fees. Description Account Number Amount Republic Services, LP Contractual Services 411-25534-033489 $258,715.50 (per month) Republic Services, LP Contractual Services 411-25534-033489 $45,320 (Lump Sum) Recommendation: Solid Waste Disposal District staff recommends that its Board approve the following: a) Approve the Thirteenth Amendment to Republic Services landfill contract for the additional landfill gas operation and maintenance services; and b) Authorize the Chairman to execute the agreement. Attachment: 1) Thirteenth Amendment to Republic Services 318 THIRTEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS THIRTEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Thirteenth Amendment") is entered into as of the day of March, 2020 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27th Street, Vero Beach, Florida (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eight Amendment to Contract Agreement, dated December 15, 2016; the Ninth Amendment and Extension to Contract Agreement, dated February 21, 2017; the Tenth Amendment to Contract Agreement, dated September 12, 2017; the Eleventh Amendment to Contract Agreement, dated September 18, 2018; and the Twelfth Amendment to Contract Agreement, dated September 10, 2019 (the "Contract") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County Landfill and the customer convenience centers not included above and as required by SWDD; and WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 319 2. The existing Article 1 — SCOPE OF WORK of the Contract is modified to include the following: A. LANDFILL GAS SYSTEM OPERATION AND MAINTENANCE. The Contractor shall provide the additional annual landfill gas system O&M services in accordance with the attached proposal from SCS Field Services. 3. The existing Article 3 — COMPENSATION of the Contract is modified to include the following: iii) Annual Payment to Contractor for Landfill Gas System O&M shall be increased by $41,404 per year, which includes a 10% management fee to Contractor. The overall payment for Calendar Year 2020 Non -Class 1 Landfill services shall be adjusted from the current $3,063,181.94 per year to $3,104,585.94 per year or $258,715.50 per month. iv) A lump -sum payment of $45,320, which includes a 10% management fee to Contractor, for the Non -Routine Services and Maintenance of the Landfill Gas System. 4. Ratification. Except as specifically provided in this Thirteenth Amendment, all other provisions of the Contract shall remain in full force and effect. [signature page follows] 320 IN WITNESS WHEREOF, the parties have caused this Thirteenth Amendment to be executed by their respective duly authorized officers as of the day and year first written above. Attest: (Owner) Jeffrey R. Smith, Clerk of Court and Comptroller By: Solid Waste Disposal District Indian River County, Florida Deputy Clerk Susan Adams, Chairman Date Approved by SWDD: Approved By: Approved as to Form and Legal Sufficiency By: Jason E. Brown, County Administrator Dylan Reingold, County Attorney Signed, sealed, and delivered in the presence Republic Services of Florida, Limited Partnership of: ("Contractor") By: Republic Services of Florida GP, Inc., its General Partner Print Name: Print Name: Print Title: Print Name: [remainder of page intentionally left blank] 321 Landfill. Gas System Operations and Maintenance at the Indian River Landfill Indian River County, Florida (Revision. #4) Brian Lewis Landfill Operations Manager Republic Services 1327 74th Ave SE Vero Beach, FL 32968 SCS FIELD SERVICES 07218099.00 1 January 21, 2020 Brian Basconi 5850 S. Semoran Blvd. Orlando, FL 32822 401-486-4897 322 Table of Contents Section Page Introduction 2 Scope of Services 2 Task 1 Flare and wellfield operation and maintenance 2 Task 2 - Reporting 3 Task 3 - Liquid level monitoring and reporting 4 Task 4 - Quarterly and semi-annual pump maintenance 4 Task 5 - Flare station blower lubrication/check valve inspection/flow straightener inspection 4 Task 6 - Air compressor preventative maintenance 4 Non -routine services and maintenance 5 Assumptions and Conditions 5 Fee Estimate 6 323 INTRODUCTION SCS Field Services has been providing operation and maintenance (0&M) of the landfill gas collection and control system (GCCS) at the Indian River Landfill on behalf of Republic Services (Republic) since 2013. In 2018, a large area of the landfill known as segments one and two underwent a closure. Part of this closure was to expand the GCCS into the upper segments one and two, which previously did not have any landfill gas (LFG) collection. In addition to the GCCS expansion, several repairs were made to the landfill gas flare station, which include but are not limited to control panel upgrades, centrifugal blower maintenance and repair, moisture separator and flame arrester replacement and the installation of a new air compression station. This proposal outlines an updated scope of work that includes expanded services based on recent site changes and conversations between SCS -FS, Republic and Indian River County (County). SCOPE OF SERVICES • Task 1 - Flare System and Wellfield Operation and Preventative Maintenance • Task 2 - Monthly Reporting • Task 3 - Semi -Annual Liquid Level and Preventative Pump Maintenance • Task 4 - Additional Services and Maintenance Each of these tasks are described below. TASK 1 - FLARE AND WELLFIELD OPERATION AND MAINTENANCE SCS -FS will perform routine site visits twice per month to the Indian River Landfill. During each site visit, major components of the GCCS such as flare systems, condensate pumps and LFG header piping will be checked to ensure that the GCCS is operating normally. Monitoring data of the GCCS will be logged in a major components checklist and will be submitted in each monthly report. Any abnormalities observed during scheduled inspections will be reported to Republic immediately. Monthly operation and monitoring (0&M) reports will be prepared to present the data to Republic and summarize any LFG system operating issues that may require additional attention. Routine 0&M of the GCCS is described in further detail in the sections below. Blower/Flare Station The Indian River Landfill currently operates one candlestick flare system that is equipped with three centrifugal blowers. The flare will be operated in auto -mode unless in an emergency circumstance or for the purposes of troubleshooting system issues it requires manual operation. During each routine site visit, SCS -FS will measure (and/or observe) and record at the flare station: • LFG flow; • LFG composition (methane, carbon dioxide, oxygen, and balance gas) at the inlet to the knockout pot and flare inlet; • Main inlet header vacuum and flare inlet pressure; • Blower/flare control panel status; • Flame arrestor pressure drop; 324 • Knockout pot pressure drop; • Air compressor outlet pressure. Based on monitoring data at the blower/flare station, adjustments will be made to increase or decrease flow to maintain gas quality and provide vacuum to the gas collection system. SCS -FS has developed a site-specific preventative maintenance checklist that will be completed by the field technician during each scheduled site visit and at the pre -determined frequency intervals. The preventative maintenance checklist records will be kept on site and included in the monthly O&M reports as applicable. Manufacturer recommended preventative maintenance documents and checklists are included for your reference as Appendix A. LFG Extraction System System components will be observed for proper operation. Minor problems such as damaged or deteriorated monitoring ports will be replaced during the check. Major problems will be relayed to Republic immediately. At each extraction point, we will measure (and/or observe) and record: • LFG flow (where possible); • LFG composition (methane, carbon dioxide, oxygen, and balance gas). • Wellhead gas pressure. • Wellhead gas temperature. • Well head piping and well bore seal condition at the landfill surface will be noted; • Inspect the cover integrity of the landfill and note it in the daily logs. In conjunction with the extraction well monitoring, adjustments will be made at each well as required to maintain odor control, and system balance/methane composition. TASK 2 - REPORTING SCS -FS will submit an O&M report summarizing routine and non -routine, if applicable, activities that were performed during the preceding month. The O&M report will contain the following monitoring and maintenance records: • Wellfield monitoring results (two rounds of data per month); • Six month rolling wellfield monitoring results; • Bi -weekly GCCS checklist; • Flare Station preventative maintenance checklist; • Rolling twelve month condensate sump pump counter data; • Recommended GCCS Repairs; • Semi-annual pump maintenance summary; • Semi-annual liquid level data; • Quarterly air compressor work logs (provided by sub -contractor). 325 TASK 3 - LIQUID LEVEL MONITORING AND REPORTING SCS -FS will measure liquid levels in each of the vertical extraction wells every six -months. In wells that contain pumps the liquid temperature will also be recorded. SCS -FS will submit the collected data in the Republic formatted liquid level table in the monthly O&M report that coincides with each completed round of measurements. SCS -FS will also provide a list of wells that may require pumps based on historical field measurement data. TASK 4 - QUARTERLY AND SEMI-ANNUAL PUMP MAINTENANCE Task 4A - SCS -FS will remove each of the pneumatic pumps located in condensate sumps and LFG vertical extraction wells to check operation of the pumps and identify corroded or faulty components that need to be replaced every six -months. SCS -FS will provide Republic with a summary of findings along with a recommended parts list based on our findings. SCS -FS will make efforts to coordinate purchasing pumps or replacement parts in advance of each scheduled preventative maintenance cycle so parts can be replaced during routine inspections. Task 4B - SCS -FS recommends that the pumps located in the condensate sumps be serviced at a quarterly frequency. Due to the corrosive nature of landfill gas condensate and the important function of the condensate sumps to keep the collection system fully operation, removing the pumps once each quarter will allow for components prone to failure due to corrosion to be identified and replaced before the pump fails. TASK 5 - FLARE STATION BLOWER LUBRICATION/CHECK VALVE INSPECTION/FLOW STRAIGHTENER INSPECTION In addition to the manufacturers recommended maintenance the following items will be performed twice per year: o Removal and repacking lubrication of bearings and housing following alternative greasing plan; o Blower Outlet check valve inspection and cleaning; o Flow Straightener inspection. TASK 6 - AIR COMPRESSOR PREVENTATIVE MAINTENANCE Once per quarter SCS -FS and Air Compressor works will perform minor and major services on the three air compressors and two air dryers located at the flare station based on manufacturer's recommendations. Additional information on air compressor maintenance is referenced in Appendix B. 326 NON -ROUTINE SERVICES AND MAINTENANCE Based on discussions with Republic and Indian River County Solid Waste Disposal District the following services are included in this proposal as non -routine maintenance: • Flare Skid Painting (Appendix C) o (Per Manufacturers Specifications): Prime with Direct to Rust Epoxy/Coat of Pitthane Aliphatic Urethane. Recoat after 5 years; • Wellfield Repairs per most recent observations and recommended spare parts (Table 1); • Flare blower three motor replacement, electric connection and field alignment; • Header and Sump Cleaning between flare station and condensate sump one (Appendix D); • Blower inspections and maintenance due to blower two seizure (Appendix E). ASSUMPTIONS AND CONDITIONS This scope of services and corresponding fee estimate are based on the following assumptions and conditions: 1. SCS is not responsible for trace constituents in the flare stack gas with respect to the potential health and safety hazards associated with flaring of the gas. 2. Additional reporting and/or analysis that may be requested by Republic will be performed as a non -routine service and billed on a time -and -materials basis. 3. Propane or nitrogen for the blower/flare station will be provided by others. 4. The scope of services, labor schedule, and compensation for the 0&M tasks was developed assuming that field personnel would perform routine services Monday through Friday during regular working hours (8:00 a.m. to 5:00 p.m.) with unrestricted site access for personnel, equipment, and materials to enable completion of the work. 5. Work will be performed in OSHA Level D protection and in accordance with the SWANA Landfill Gas Management Division's, "A Compilation of Landfill Gas Field Practices and Procedures', dated August, 2011. Additional health and safety requirements can be provided with an adjustment in our price. 6. All permits (environmental, labor, structural, electrical, etc.) will be provided by others. 7. Republic is responsible for notifying SCS of any risks at the site and all environmental, safety and health procedures required by any applicable federal, state and/or local law, regulations, and order. 8. Pricing is valid for 60 days following the date of this proposal. 9. The pricing provided is valid through December of 2020 or is subject for adjustment if the work scope changes based on increased quantities or frequency of services. 10. Air Compressor services are based on a 1 -year startup service and maintenance program. At the end of the first year, SCS -FS will obtain quotes from the service provider and submit to Republic. Pricing increases or decreases will be adjusted to the 0&M contract accordingly. 11. This proposal and Assumptions and Conditions shall become a part of a mutually satisfactory contract agreement or purchase order. 327 FEE ESTIMATE The following tables show a breakdown of tasks that encompass current O&M cost and revised 0&M cost based on the system expansion and expanded services. The total revised 0&M cost is $76,580. This is a $37,640 increase. Routine Tasks Based on Indian River Landfill Contract Quantity Units UUn t Total Task 1 - Flare Operation, Wellfield Operation, Liquid Levels (55 EWs, 32 HCs) 12. Month $2,255 $27,060 Task 2 -Reporting 12 Month $990 $11,880 Current 0&M Cost: $38,940 New Routine Task Cost to Include System Expansion Quantity Units UUn t Total Task 1 - Flare Operation, Wellfield Operation and Liquid Levels (29 New EWs, 13 abandoned HCs, 8 New HCs) 12 Month $2,385 $28,620 Task 2 -Reporting 12 Month $1,350 $16,200 Task 3 - Liquid Level Monitoring and Reporting 2 Semi Annual $2,200 $4,400 Task 4A - Condensate Sump and Dewatering Pump Maintenance Task 4B - Condensate Pump Maintenance 2 2 Semi -$3,880 Annual Semi Annual $1,500 $7,760 $3,000 Task 5 - Flare Station Blower Lubrication/Check Valve Inspection/Flow Straightener Inspection 2 Semi -$2,500 Annual $5,000 Task 6 - Air Compressor Preventative Maintenance 4 Quarter NA $11,600 Total Updated Yearly O&M Cost: $76,580 328 Non -Routine Services and Maintenance Quantity Units Unit Cost Total Flare Skid Painting (5 Years) 1 LS $11,850 $11,850 Wellfield Repairs as of January 2020 1 LS $6,200 $6,200 Wellfield Spare Parts per quantities shown 1 LS $3,400 $3,400 Flare Blower Three Motor Replacement 1 LS $7,500 $7,500 Header Pipe and Condensate Sump Cleaning 1 LS $7,900 $7,900 Blower Inspection 1 LS $4,350 $4,350 Total Non -Routine Services and Maintenance Budgetary Estimate: $41,200 329 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: February 21, 2020 To: Jason E. Brown, County Administrator Through: Vincent Burke, PE, Director of Utility Services From: Himanshu Mehta, Managing Director, Solid Waste Disposal District Subject: Amendment No. 1 to Sitecrafters of Florida Descriptions and Conditions: Per Board direction on February 19, 2019, staff was directed to improve/clean up the yard waste site. On November 12, 2019, the SWDD Board awarded Bid No. 2020004 to Sitecrafters of Florida, Inc. (Sitecrafters) to provide Concrete Crushing and Site Work at the IRC Landfill. Specifically, the scope of work includes the on-site crushing of stockpiled concrete at the landfill and placement of a minimum of 12 inches of crushed concrete across an approximately 11.25 acre portion of the Yard Waste Facility, to improve the area where yard waste is dropped off. The bid estimated 25,000 tons of crushed concrete for a total award of $398,000. On November 19, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved a Yard Waste Processing and Recycling Agreement with Atlas Organics Indian River, LLC (Atlas Organics) to process, transport and recycle yard waste on the landfill property. A provision of this contract included Atlas Organics to provide up to $250,000 of site improvements to the yard waste facility within the first year. Atlas Organics started operations on the yard waste facility on January 2, 2020, working in conjunction with Mr. Mulch, who was completing their services to SWDD. Atlas Organics initiated site survey work in late January 2020 to begin some preliminary design work for site improvements. Atlas Organics has estimated that they can begin to make site improvements starting in May 2020. On the other hand, Sitecrafters is proceeding well on the concrete crushing portion of their project and is ready to begin site work activities on the yard waste site. The original scope for Sitecrafters' site work activities included delivery, put-down and grade the crushed concrete on the yard waste site. However, a survey performed by Atlas Organics showed that there is a significant variation in the site elevation albeit lower than the central access road. This has been the primary cause for muddy conditions during the rainy season. Placing crushed concrete into this area will not provide an overall improvement to the site. Therefore, additional work is needed to properly prepare the site, bring in additional clean/fill dirt, compact it and then apply the crushed concrete to the top. In order to avoid project delays, staff recommends that we proceed with an amendment to Sitecrafters to provide partial site improvements to the yard waste site, while allowing time for Atlas Organics to complete the project in accordance with their agreement. 330 Staff has received a proposal from Sitecrafters to proceed with activities on the east portion of the yard waste site and recommends Board approval of the work as Amendment 1 to their agreement. Analysis: The overall site improvements for the yard waste site consists of work on approximately 11 acres. These can be broken down into an east, west and north working areas. Currently Atlas Organics is utilizing the west and north areas. Sitecrafters has proposed to make improvements to the east working area in order to prepare for the crushed concrete site work. The scope of work proposed by Sitecrafters includes mobilization of additional equipment, installation of a double row of silt fence, scraping and leveling the work area; proof rolling, importing, spreading and compacting clean/fill dirt (9,757 cubic yards), and setting final grades. Please note that improvements to the center access road are included in this work. Sitecrafters has proposed a lump sum total of $173,780 for this additional work, to be billed on a percent complete basis and to be billed on a monthly basis in accordance with the contract agreement. The total project cost upon approval of this change order would be $571,780. Staff is recommending that the requirements for bids for the additional work be waived as time is of the essence. Proceeding with this work will minimize delay with the concrete crushing and the original site work project, as well as to make improvements prior to the rainy season, otherwise we could incur additional cost and time for the overall site improvements. Regarding Atlas Organics, they have been informed that they are responsible for making improvements to the west and north areas of the yard waste facility as part of their contract agreement. Funding: Funds in the amount of $750,000 for the first year of site improvements are budgeted in the SWDD Landfill Other Improvements Capital account, which is funded from SWDD assessments and user fees. This funding has been specifically allocated for the yard waste improvements and is sufficient to cover the recommended amendment to Sitecrafters. Description Account Number Amount Other Improvements - Capital 411-164051 $173,780 Recommendation: Staff recommends the Board 1. Waive requirements for bids for the additional work as Sitecrafters of Florida, Inc. is under an existing contract agreement for yard waste site improvements and this is an extension of their work. 2. Approve Amendment No. 1 to Sitecrafters of Florida, Inc., and authorize the Chairman to sign the agreement after review and approval of the additional public construction bond by the County Attorney as to form and legal sufficiency. 331 Attachments: 1. Amendment No. 1 to Sitecrafters of Florida, Inc. 332 Amendment No. 1 to Concrete Crushing and Site Work Agreement THIS FIRST AMENDMENT TO AGREEMENT (Agreement) is entered into as of the day of March, 2020 by and between Indian River County Solid Waste Disposal (SWDD) District, a dependent special district of Indian River County, Florida, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER or SWDD) and SiteCrafters of Florida, Inc. (hereinafter called CONTRACTOR). RECITALS WHEREAS, on November 12, 2019, SWDD and Contractor entered into that certain Agreement for Concrete Crushing and Site Work at the Indian River County (IRC) Landfill located at 1325 74th Avenue SW, Vero Beach, FL 32963; and WHEREAS, the initial term of this agreement is effective for one (1) year from the date of award which was November 12, 2019 and that the Agreement will terminate on November 11, 2020, unless extended as set forth in the Agreement; and WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. The existing Article 1— WORK of the Agreement is modified to include the following: A. The Contractor shall provide the additional site work services in accordance with the attached proposal. 3. The existing Article 4.01— CONTRACT PRICE of the Agreement is modified to include the following: d. Lump Sum Proposal Price of $173,780.00 to be billed on a percent complete basis and billed on a monthly basis in accordance with the Agreement. 4. Ratification. Except as specifically provided in this First Amendment, all other provisions of the Agreement shall remain in full force and effect. [signature page follows] 333 IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their respective duly authorized officers as of the day and year first written above. OWNER: CONTRACTOR: INDIAN RIVER COUNTY SITECRAFTERS OF FLORIDA, INC. By: By: Susan Adams, Chairman (Contractor) 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: (SEAL) Deputy Clerk 334 UTILITIES / SITE CONSTRUCTION February 26, 2020 Mr. Himanshu H. Mehta, PE Managing Director Indian River County - Solid Waste Disposal District 1325 74"' Avenue SW Vero Beach, Florida 32968 Re: Improvements to the Organics Parcel — East Lot East Lot - Scope of Work: Services shall include mobilization of equipment, installation of a double row of silt fence (refer to Exhibit A), scraping the work area, cut and balance of the work area, proof rolling, importing, spreading and compacting clean, fill dirt (9,757 cyds) and setting final grades consistent with the intent of a consistent cross slope per the attached exhibit B. Please note that improvements to the center access road are included in this work. Description Qy Unit Costs Mobilization 1 LS $ 9,500.00 Silt Fence (Double Row) 950 LF $ 3,400.00 Scrape / Cut & Balance Site 1 LS $ 6,400.00 Proof Rolling 1 LS $ 4,500.00 Import Fill / Place and Compact 9,757 LS $ 136,000.00 Final Grades 1 LS $ 8,750.00 Subtotal $ 168,550.00 Bonding Fee 1 LS $ 5,230.00 Total $ 173,780.00 Transport and spreading of crushed concrete shall be accomplished as part of a separate contract. Please note that this proposal is based on a start date of March 9"', 2020 and with the understanding the work area will be cleared. Lump Sum Proposal Price (including bond premium) $173,780.00 Exclusions: Soil testing / density testing (Not required — will need to be a third party if you want it done) / Dewatering (shouldn't be required) / Haul of scrapings (intent is to stockpile any organics at a location on site that has been coordinated with Atlas Organics) Let me know if you have any questions. SITECRAFTERS OF FLORIDA, INC. Mr. Ted Kempton, RLA Owner / President SITECRAFTERS OF FLORIDA, INC. INTEGRITY • QUALITY • COMMITMENT 2207 W. North 'A' Street Tampa, Florida 33606-1583 813.258.4696 Fax: 813.254.3689 www.sitecraftersfl.com An Equal Opportunity Employer 335 INDIAN RIVER COUNTY - ORGANICS PARCEL - EXHIBIT A NOTE: COLORED AREA REPRESENTS THE 11ac. 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